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Session Laws, 1961
Volume 654, Page 391   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                            391

the entire area, which may be opened and closed, and reopened and
reclosed as the Commission may deem necessary and expedient; the
methods of taking or catching soft shell clams; the circumstances
of their possession and their marketing; as the Commission may
judge to be necessary in the best interests of the State; provided
that 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 gear upon any natural oyster bar as defined in the first
paragraph of Section [649 (i)] 696 (i) of this article, and further
in the waters of Kent County it shall also be unlawful to take or
catch, or attempt to take or catch, soft shell clams by hydraulic or
mechanical dredge, or by any other means:

(1)   Within 50 yards of any commercially productive oyster tong-
ing area defined on the charts of the Commission of Tidewater Fish-
eries, or as defined under Section [649 (i)] 696 (i) of this article, or

(2)  Within 150 feet of any bulkhead, wharf or pier, constructed
or erected in, out in, over or under any of the waters of this State, or

(3)  Within 1000 feet of any public bathing beach during the
months of May, June, July, August and September of any year, or

(4)  Within 100 yards of any private bathing beaches, during the
months of May, June, July, August and September; provided that
the private bathing beaches shall be staked and marked by the
owners thereof upon which shall be lettered "bathing beach" and the
owner's name, of a readily discernible size, or as may be required
by any rule or regulation of the Commission of Tidewater Fisheries;
provided, however, that the linear measurement along the shore line
for the first such area shall not exceed a distance of 100 yards for
each landowner. In the event that there shall be more than one such
private bathing beach belonging to the same landowner, or one
private bathing beach which extends for a distance of more than
100 yards, the Commission of Tidewater Fisheries may in their dis-
cretion issue a numbered permit for more than one such private
beach or for an area in excess of 100 yards. Any extended area or
areas shall be marked and the areas designated as the Commission
of Tidewater Fisheries shall prescribe in its rules and regulations, or

(5)   On Sunday, or between sunset and one-half hour after sun-
rise on any other day, or to land soft shell clams before sunrise or
later than one (1) hour after sunset, or

(6)   Within 100 yards of the mean low watermark of any shore
line, or

(7)   Between October 1 and the last day of the wild fowl hunting
season, all of the waters of Kent County as defined herein except
all that area of the Chesapeake Bay waters known as Swann Point
Bar, extending northward from Navigation Buoy No. 3 to a line 600
yards southward of Swann Point, excepting and excluding all areas
within fifty yards of natural oyster bars as shown on published
charts of 1906-1912 on record with the State Department of Tide-
water Fisheries.

(i) License to use gear other than hydraulic, mechanical or other
dredge.—Any person desiring to take or catch soft shell clams for
sale from the waters of Kent County with devices other than hydrau-
lic, mechanical or other dredge, as set out in Section [651 (a)]

 

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Session Laws, 1961
Volume 654, Page 391   View pdf image (33K)
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