§ 4-1102

(a) The Department may resurvey any submerged area of the State to determine the position and extent of any natural oyster bar.

(b) If, after conducting a survey in accordance with subsection (a) of this section, the Department finds that any natural oyster bar is located incorrectly on existing charts or that the existing charts do not reflect the actual condition of submerged lands, the Department shall amend the existing charts or coordinates by regulation.

(c) (1) Beginning in fiscal year 2024, the Maryland Geological Survey, in conjunction with the University of Maryland Center for Environmental Science, shall survey submerged areas of the State to map existing and potential oyster habitats in accordance with the provisions of this subsection.

(2) In selecting sites for surveying under this subsection, the Maryland Geological Survey and the University of Maryland Center for Environmental Science shall prioritize:

(i) Eastern Bay and its tributaries; and

(ii) Public fishery areas where there are likely to be shallowly buried shell deposits from previous repletion activities, identified in consultation with the Department, who shall consult with county oyster committees, and commercial oyster harvesters.

(3) To the extent practicable, surveys carried out under this subsection shall use sub–bottom profiling combined with physical sampling to quantify the total volume of subsurface shell material.

(4) (i) For fiscal years 2024 through 2026, the Governor shall include in the annual budget bill an appropriation of $2,000,000 to the Department to fund the surveys required under this subsection.

(ii) The Governor shall prioritize the use of federal funds for appropriations required under this paragraph.