1776 LAWS OF MARYLAND. [CH. 725

Chapter 929 of the Acts of 1945 of the General Assembly
of Maryland, to follow immediately after Secetion 12 (c)
of said Article, to be known as Section 12 (c-1) thereof;
to provide for examination in the presence of the public,
public hearing, and judicial review of re-classification of
any submerged area from natural oyster bed to barren
bottom open to private leasing, for a public record of the
change before leasing, and for equality of opportunity to
lease such areas.

WHEREAS, the Court of Appeals of Maryland has decided
that under the present law application may be made for a
private lease of what is shown on the public charts as a
natural oyster bed excluded from leasing, and the Commission
may then re-examine the area with only the applicant doing
the tonging to determine the number of oysters there and on
such examination iind that the area is now barren and grant
a lease even before filing an amended chart in the Circuit
Court of the County; and there is possibility of error and
abuse and granting away of public natural resources, that
this Act is intended to eliminate. Now, therefore

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That a new section is hereby added to Article 72 of the
Code of Public General Laws of Maryland (1939 Edition),
title "Oysters and Clams", sub-title "Private Oyster Culture",
as enacted by Chapter 929 of the Acts of 1945 of the General
Assembly of Maryland, to follow immediately after Section
12 (c) of said Article, to be known as Section 12 (c-1) thereof,
and to read as follows:

12 (c-1). Before the Department of Tidewater Fisheries may
re-classify any submerged area of the State from natural
oyster bed, excluded from leasing, to barren bottom open to
being leased, it shall advertise the time, place, and purpose to
re-examine the area, twice a week for two successive weeks,
in a newspaper of general circulation in the county, if the
area is within county waters, or in a newspaper of general
circulation in the State, if the area is not within the waters
of any county. Any members of the public may be present at
the re-examination. If any person present then and there
offers to make further tests in the presence of the agents of
the Department of Tidewater Fisheries they shall witness
same and make note of the findings. If upon such re-examina-
tion the Department of Tidewater Fisheries proposes to re-
classify the area from natural bed to barren bottom, it shall
first hold a public hearing, and the time, place, and purpose
shall be advertised as aforesaid. Any person may, by way of