Catching oysters on leased oyster bottoms by leaseholder

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    (a)    (1)    Except as provided in paragraph (2) of this subsection, a leaseholder may cultivate or remove shellfish planted on his aquaculture or submerged land lease area in any manner he deems proper.

        (2)    A person may not use a hydraulic escalator dredge to harvest shellfish in the Atlantic Coastal Bays.

    (b)    Each leaseholder shall keep accurate records concerning the seeding and planting of cultch and oysters on, and the harvesting, and selling of oysters from his aquaculture, submerged land, or demonstration lease area. Each leaseholder shall report this information to the Department on forms the Department prescribes.

    (c)    (1)    On or before January 1 of each year, a leaseholder shall provide to the Department a report documenting the use of the lease during the prior year.

        (2)    A leaseholder shall provide to the Department any other report that the Department may require.

        (3)    Failure to file a report may result in termination of the lease.

        (4)    Failure to actively use a lease may result in termination of the lease.


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