(a) In consultation with the Oyster Advisory Commission, the Department shall identify by regulation the public shellfish fishery area in the Chesapeake Bay based on commercial harvesting activity during the 3 years preceding June 1, 2009, any surveys conducted by the Department, and other quantitative data known or made available to the Department.
(b) The public shellfish fishery area may not be leased for shellfish aquaculture.
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