§ 10-806. State wildlife refuges -- Leased land or water

   (a) Application of owner for refuge. -- If a person who owns or controls any suitable area of land or water desires to have the area of land or water set aside for a refuge, the person may apply to the Department, giving a description of the area of land or water including a specific location, map, or sketch showing an outline of the area of land or water, the location of any structure or improvement and the nature of the area of land or water, such as woodland, abandoned farmland, or cultivated land, or lake, pond, marsh, or impounded stream.

(b) Execution, contents, and minimum term of lease. -- The Department may examine the area of land or water to determine if the area of land or water is suitable for wildlife protection and management. If the area of land or water is acceptable as a wildlife refuge, the Department shall notify the person of this fact. The person shall sign a lease, vesting the State with every hunting right in the area of land or water without charge. The lease also shall provide that the owner, the owner's family, agents, tenants, and any other person may not hunt on the area of land or water, and that the person will make every effort to protect the refuge from forest fires, hunting, or any violation of any State conservation law. The lease or agreement shall continue in force for an uninterrupted period of at least 5 years.

(c) Effect of sale or property upon which no charge is made; termination of lease. -- If the person who owns or controls the area of land or water named in any lease on which there is no charge sells the area of land or water, the area is released from the operation of the lease unless the purchaser agrees to allow the area to remain under lease. The Department or the owner of the area of land or water may rescind any lease for which there is no charge made pursuant to this section after giving 90 days written notice to the other party of intent to terminate the lease.

HISTORY: An. Code 1957, art. 66C, § 192; 1973, 1st Sp. Sess., ch. 4, § 1; 1990, ch. 6, § 2.