Md. Code Regs. 08.02.23.03 - Commercial Lease Procedures

A. Aquaculture Activities on Submerged Land.

(1) A person may not engage in aquaculture activities on submerged land in waters of the State, including the areas listed in Regulation .06 of this chapter, unless the land is leased or permitted for shellfish aquaculture purposes.

(2) To obtain a submerged land lease a person shall:

(a) Apply for:

(i) A submerged land lease by submitting an application on a form provided by the Department; and

(ii) A shellfish aquaculture harvester permit as described in Regulation .04 of this chapter; and

(b) Submit a non-refundable fee of $300.

B. Aquaculture Activities in the Water Column.

(1) A person may not engage in aquaculture activities in the water column unless the water column is leased or permitted for shellfish aquaculture purposes.

(2) To obtain a water column lease, a person shall:

(a) Apply for:

(i) A water column lease by submitting an application on a form provided by the Department; and

(ii) A shellfish aquaculture harvester permit as described in Regulation .04 of this chapter; and

(b) Submit a non-refundable fee of $300.

C. Reporting. A leaseholder shall submit to the Department an annual report as required by the Department not later than December 31.

D. Rent.

(1) Submerged Land Lease. Except as provided in §D(2) of this regulation, the rental rate for a submerged land lease is $3.50 per acre per year and is due in full to the Department by December 31 of the preceding year.

(2) The rental rate for the first year of a lease may be prorated and is due in full to the Department within 30 days of lease approval.

E. Locations. In addition to restrictions provided in Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland, a lease may not be located:

(1) In waters classified as restricted by the Maryland Department of the Environment unless the person:

(a) Provides proof to the Department of a viable relay location; or

(b) Has a demonstration lease;

(2) In the Assateague Island National Seashore as described in 16 U.S.C. § 459f; or

(3) Within 150 feet of a Yates Bar located in an oyster sanctuary as established in COMAR 08.02.04.15A.

F. Prohibited Activities.

(1) A leaseholder may not make any alteration which includes adding any type of fill or sediment other than shell to the existing condition of the lease without first obtaining the Department's written consent.

(2) Shell present in the leased area at the time the lease is issued may not be removed from the leased area without the written permission of the Department.

G. Marking a Lease. A leaseholder shall:

(1) Place a minimum of four poles at the corners of the lease perimeter;

(2) Mark each pole with an 8-inch by 12-inch marker displaying only the initials or name of the leaseholder and the lease number; and

(3) Maintain and meet any standards for corner marker structures as required by the Department in documents available on its website.

H. Gear.

(1) All equipment, gear, or manmade material placed on the lease shall be permanently and individually marked with the lease number and name of the leaseholder.

(2) The leaseholder shall be responsible and liable for equipment, gear, or aquaculture-related material:

(a) That has been found adrift or unattended outside the boundaries of the lease area; or

(b) Remaining on the lease after the surrender, default, abandonment, or termination of the lease.

I. Transfer of Lease.

(1) A leaseholder may apply to transfer a lease by completing forms provided by the Department.

(2) Prior to receiving approval of a transfer, the person receiving a transferred lease shall complete a lease application and a shellfish aquaculture harvester permit application and submit the required forms with the transfer form described in §I(1) of this regulation.

J. Surrender of a Lease. A lease may be surrendered by providing written notice to the Department.

Notes

Md. Code Regs. 08.02.23.03

Regulation .03B, E amended as an emergency provision effective September 13, 2012 (39:20 Md. R. 1303); emergency provision extended to July 9, 2013 (40:3 Md. R. 215); emergency provision expired
Regulation .03B, E amended effective July 8, 2013 (40:13 Md. R. 1073)
Regulation .03B, F amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 942); emergency expired effective December 29, 2011
Regulation .03B, F amended effective January 9, 2012 (38:27 Md. R. 1763)
Regulation .03 amended effective 42:8 Md. R. 607, eff.4/27/2015; amended effective 43:22 Md. R. 1218, eff. 11/7/2016; amended effective 46:3 Md. R. 106, eff. 2/11/2019