ROBERT L. EHRLICH, JR., Governor                             Ch. 500

5. THE LIKELIHOOD THAT THE SAME OBJECTIVE COULD BE
EFFECTIVELY ACCOMPLISHED THROUGH THE USE OF ALTERNATIVE MANAGEMENT
MEASURES; AND

(II) DEVELOPS PROTOCOLS AND A REPORTING TIMELINE TO
MONITOR AND EVALUATE THE EFFECTIVENESS OF THE CLOSURE; AND

(2) HOLDS AT LEAST ONE PUBLIC HEARING IN ACCORDANCE WITH THE
REQUIREMENTS UNDER SUBSECTION (C) (D) OF THIS SECTION.

(C) THE REPORTING TIMELINE REQUIRED UNDER SUBSECTION (B)(1)(II) OF
THIS SECTION SHALL PROVIDE FOR A WRITTEN REPORT AS OFTEN AS APPROPRIATE
UNDER THE CIRCUMSTANCES BUT AT LEAST AS OFTEN AS EVERY 3 YEARS FROM THE
DATE OF CLOSURE.

(C) (D) (1) FOR 2 SUCCESSIVE WEEKS IN ADVANCE OF A PUBLIC HEARING
REQUIRED UNDER SUBSECTION (B)(2) OF THIS SECTION, THE DEPARTMENT SHALL:

(I)      POST A NOTICE OF THE DATE, TIME, PLACE, AND PURPOSE OF
THE HEARING IN A PROMINENT POSITION ON THE DEPARTMENT'S OFFICIAL
INTERNET WEBSITE; AND

(II)     ADVERTISE THE DATE, TIME, PLACE, AND PURPOSE OF THE
HEARING IN AT LEAST:

1.       ONE NEWSPAPER OF GENERAL DAILY CIRCULATION IN
THE STATE; AND

2.       ONE NEWSPAPER CIRCULATED IN THE AFFECTED REGION
OF EACH COUNTY IN WHICH WATERS MAY BE DIRECTLY AFFECTED BY THE
PROPOSED CLOSURE.

(2) AT LEAST 15 DAYS BEFORE THE PUBLIC HEARING, THE DEPARTMENT
SHALL MAKE AVAILABLE TO THE GENERAL PUBLIC THE REPORT REQUIRED UNDER
SUBSECTION (B)(1) OF THIS SECTION.

(D) (E) (1) WITHIN 3 YEARS OF FOLLOWING A CLOSURE OF A CLOSURE OF
STATE WATERS UNDER THIS SECTION AND AT LEAST EVERY 3 YEARS THEREAFTER,
IN A WRITTEN REPORT MADE AVAILABLE TO THE GENERAL PUBLIC AND IN
ACCORDANCE WITH THE REPORTING TIMELINE ESTABLISHED UNDER SUBSECTION
(B)(1)(II) OF THIS SECTION, THE DEPARTMENT SHALL:

(I) (1) BASED ON THE PROTOCOLS ADOPTED UNDER
SUBSECTION (B)(1)(II) OF THIS SECTION, EVALUATE THE EFFECTIVENESS OF THE
CLOSURE IN ACCOMPLISHING ITS OVERALL MANAGEMENT OBJECTIVES; AND

(II) (2) DETERMINE WHAT, IF ANY, MANAGEMENT
MODIFICATIONS WOULD BE APPROPRIATE, INCLUDING THE REOPENING OF THE
CLOSED AREA.

(2) IF THE DEPARTMENT DOES NOT TIMELY REPORT ON A CLOSED AREA
AS REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE DEPARTMENT
SHALL PROMPTLY REOPEN THE AREA.

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