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Part Four 

 Aquatic Life 



3.401 — General Powers 



(a) The Department may, by regulation, prescribe the type, size and description of all 

 aquatic animal life which may be taken from tidal waters or submerged land, the places where 

 they may be taken and the manner of taking. 



(b) The Department is empowered to inspect all aquatic animal life taken from tidal 

 waters or submerged tidal land and all aquatic animal life sold within the State, pursuant to 

 such regulations as it may prescribe. The Department may, by regulation, prescribe the type, 

 size and description of aquatic animal life which may be sold within the State or exported 

 without the State. 



(c) The Department may, by regulation, prohibit the importation of any aquatic animal 

 life from sources outside of the State when there is a reasonable suspicion that such aquatic 

 animal life might be harmful to the aquatic animal life of the tidal waters. 



3.402 - Licenses 



(a) The Department shall issue such licenses as it may prescribe, by regulation, which 

 shall thereupon be required for the taking, buying, selling, marketing, packing, or canning of 

 aquatic animal life from tidal waters or submerged land, and for boats, vessels and equipment 

 used for such taking, buying, selling, marketing, packing or canning. 



(b) The Department shall, by regulation, prescribe the qualifications necessary for ob- 

 taining such licenses, the privileges granted by such licenses, the fees for such licenses and 

 the manner and extent to which such licenses may be transferred. 



3.403 — Oyster and Shellfish Leases 



(a) The Department is empowered, in the name of State, to lease to any person parcels of 

 submerged tidal land to be used for protecting, sowing, bedding or cultivating oyster or other 

 shellfish. The Department shall, by regulation, prescribe the procedures and qualifications 

 necessary for obtaining such leases, the portions of submerged land available for such leases 

 and the extent to which such leases can be transferred or assigned. 



(b) The Department shall only grant the lease if it deems the lease to be in the best in- 

 terests of the State, provided that no lease shall be granted which is incompatible with the 

 water plan or the plan for the tidal region, and that no lease shall be granted which infringes 

 upon the the rights of any other person under Sections 3.202 or 4.302 of this act, or under 

 this Section, unless such person gives his written consent. 



(c) The Department shall set forth in all leases granted under this Section the duration, 

 location, size of parcel, consideration, terms of payment and the statements the lessee is re- 

 quired to make. Any person who fails to comply with these terms of the lease shall forfeit his 

 rights under the lease. 



3.404 - Transition 



All laws relating to the taking, buying, selling, packing or canning of aquatic animal life 

 from tidal waters or submerged tidal land and all laws relating to the importation or exporta- 

 tion of aquatic animal life to and from the State which are repealed by this act shall remain in 

 effect as regulations of the Department until changed, amended or modified by the Department 

 pursuant to this act; except that all taxes on the taking, buying, selling, marketing, packing 

 or canning of aquatic animal life from tidal waters or submerged land, and all taxes on the im- 

 portation or exportation of aquatic animal life to or from the State, in effect when this act is 

 enacted shall continue in force and effect until changed, amended, modified or repealed by the 

 General Assembly. The Department, within two years after the effective date of this act, 

 shall present to the General Assembly a proposed revision of such taxes for its consideration. 



