1426                               Laws of Maryland                         [Ch. 829

of the soft shell clam beds within Queen Anne's County and to pro-
hibit the taking or catching of soft shell clams therefrom, whenever
in the judgment of the Commission of Tidewater Fisheries it shall
seem necessary or desirable to protect or promote soft shell clams by
any restorative measure which the Commission of Tidewater Fish-
eries may deem advisable.

(p) Procedure for Opening and Closing Areas.—(1) Before closing
any soft shell clam area in Queen Anne's County, the Commission of
Tidewater Fisheries shall first give notice to all licensed soft shell
clam dredgers residing in Queen Anne's County by four (i) days
written notice from date of mailing, which said notice shall have de-
scribed the area to be closed, and the proposed date of the closing;
which notice shall be deemed to be sufficient if mailed to the address
of said licensees on the records of the Commission of Tidewater
Fisheries.

(2) It shall be unlawful to take or catch, or attempt to take or
catch, soft shell clams, in any manner whatsoever, in or upon any
area in Queen Anne's County which has been closed by rule or regu-
lation of the Commission of Tidewater Fisheries.

(3) The Department of Research and Education and/or the Com-
mission of Tidewater Fisheries shall from time to time determine
the actual condition of the shellfish population in the water or
submerged bottoms of Queen Anne's County, or the Chesapeake Bay
adjacent thereto, in those parts thereof where the dredging of soft
shell clams is not otherwise specifically prohibited.

(4) The opening and closing of waters and/or submerged bottom
in Queen Anne's County, or the Chesapeake Bay adjacent thereto, may
also be determined by quantitative shellfish population surveys con-
ducted by the Commission of Tidewater Fisheries and /or the Depart-
ment of Research and Education, the results of which surveys shall
be public information.

(5) Within sixty (60) days after the completion of any survey or
re-survey, the Commission of Tidewater Fisheries shall amend its
charts or prepare new charts, whereon shall be marked or defined as
accurately as possible the bounds of commercially productive oyster
areas and/or commercially productive clam areas; which said charts
shall be made available to the public. No existing lease shall be
invalidated either in whole or in part by facts determined in any
such survey or re-survey unless the lessee voluntarily, or by non-
payment of rental or other fees, forfeit his lease.

(q) Legal and Illegal Areas—(1) It shall be unlawful to take or
catch, or attempt to take or catch, soft shell clams with a hydraulic
or mechanical dredge, or with any other type of gear, as follows:

(a)  In the Queen Anne's County waters of Eastern Bay and its
tributaries; or in

(b)  Shipping Creek; or in

(c)  Cox's Creek (also known as Coxe's Creek); or in

(d)  Crab Alley Bay (also known as Crab Alley Creek); or in

(e)  Wye River (also known as Front Wye River) and Wye Nar-
rows, south of a line drawn between the southernmost tip of Ferry