Maryland Natural Resources Section 4-1019.2

      (a)      This section does not apply to:

            (1)      An individual who takes or uses oysters for personal use or consumption purposes; or

            (2)      Old oyster shells that are dredged from the Chesapeake Bay or its tributaries.

      (b)      Except as provided in subsection (c) of this section, any licensed oyster dealer shall reserve for 8 months after the opening of each annual harvest season all shells of oysters harvested from the Chesapeake Bay or its tributaries and commercially shucked in the State for purchase by the Department for replanting on public oyster areas unless the dealer plants these oyster shells:

            (1)      On private leased ground or riparian bottom for the propagation of oysters; or

            (2)      On public oyster areas designated by the Department.

      (c)      (1)      The Department shall determine whether sufficient funds are available for the Oyster Shell Purchase Program under this section.

            (2)      The Department shall notify every licensed oyster dealer not later than September 1 of each year whether the Oyster Shell Purchase Program will be carried out during the ensuing license year.

            (3)      If the Department does not notify licensed oyster dealers that the Oyster Shell Purchase Program will be carried out during the ensuing license year, a licensed oyster dealer may sell or dispose of fresh oyster shell at any time to any person for any lawful purpose.

            (4)      The Department shall:

                  (i)      Establish procedures for the expeditious notice, payment, and removal of shells purchased; and

                  (ii)      Provide for the transportation, storage, and placement on public oyster bars in State waters.

      (d)      All existing contracts executed prior to July 1, 1988 concerning the purchase of oyster shell shall be valid and exempt from the provisions of this section for the length of time for which the contract covers.

      (e)      Unless permission has been obtained from the Department, it shall be unlawful for any person to take or catch oysters or shell in any of the waters of the State for the purpose of converting the oysters or shell into lime, chickenmeal, or road construction materials.

      (f)      (1)      In consultation with the Maryland oyster packers, the Department shall determine annually the fair market value that the Department pays for fresh oyster shells.

            (2)      However, the Department shall pay not more than 25 cents per bushel of oyster shells to the holder of the shells at the site where the shells are kept.