The owner of any pier, wharf, or other structure constructed on or about the water and approved by the corps of engineers, shall have exclusive use, for the purpose of growing and harvesting shellfish, of the area:

(1) Below the owner’s pier, wharf, or structure; and

(2) In Calvert, Howard, St. Mary’s, and Talbot counties only, within 10 feet of the owner’s pier, wharf, or structure, for oysters grown in trays, baskets, or containers that are attached by lines or ropes that are the property of the owner of the pier, wharf, or structure to:

(i) The private pier, wharf, or structure; or

(ii) Another oyster tray, basket, or container that is attached to the private pier, wharf, or structure.