944 LAWS OF MARYLAND [CH. 577
in the judgment of the Commission of Tidewater Fisheries it shall
seem necessary or desirable to protect or promote the growth of
soft shell clams, by any restorative measures which the Commission
of Tidewater Fisheries may deem advisable.
(q) Procedure of Closing an Area—Before closing any soft shell
clam area the Department of Tidewater Fisheries shall first give
notice by at least one advertisement in a newspaper of its intention
to close said area. Said notice shall describe the area to be closed
and the proposed date of closing, and shall be published in a news-
paper of general circulation in the county where such area is
located. No area may be closed, however, until the lapse of forty-
eight hours after the publication of said notice.
(r) Reopening and Reclosing of an Area—After closing an area
the Department of Tidewater Fisheries is authorized to reopen said
area whenever, in the judgment of said Department, such reopen-
ing is advisable. An area shall be reopened by notice of such reopen-
ing published in the same newspaper or newspapers that published
the notice or notices of closing; provided, however, no area shall be
reopened until a lapse of forty-eight hours from the publication of
the notice of reopening. The Department of Tidewater Fisheries
shall have authority to close immediately by oral or written notifi-
cation to clammers any area which has been reopened.
(s) Taking or Catching Soft Shell Clams in Closed Areas—It
shall be unlawful to take or catch soft shell clams, with any device
or rig, upon any area which has been closed by any rule or regu-
lation of the Commission of Tidewater Fisheries.
(t) License to Use Other Gear—Any person between the age of
fourteen and sixty-five years desiring to take or catch soft shell
clams for sale from the waters of this State with those devices other
than hydraulic or mechanical dredges, as set out in Section 651 (a)
of this Article, shall first obtain a license therefor from the Clerk
of the Circuit Court of the County wherein said person resides. The
applicant shall pay the sum of Two Dollars and Fifty Cents ($2.50)
for such license and, in addition thereto, Twenty-five Cents (25c)
to the Clerk of the Circuit Court for issuing the same. Said license
shall be valid for the calendar year when issued and shall be exhib-
ited upon demand by any officer of the Department of Tidewater
Fisheries.
(u) Penalties—Any person violating any provision in this Section
66SA shall be deemed guilty of a misdemeanor and upon convic-
tion thereof shall be fined not less than Twenty-five Dollars ($25.00)
nor more than One Hundred Dollars, or be imprisoned in the House
of Correction not less than three months nor more than six months,
or be both fined and imprisoned at the discretion of the Court; and
any boat or rig used in any such violation may be seized by the
Department of Tidewater Fisheries and held until any fine assessed
by the Court be paid in full. Any person found guilty of a third vio-
lation of the same provision shall, in addition to a fine or fine and
imprisonment, have his license revoked by the Commission of Tide-
water Fisheries.
(B) NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO PERMIT ANY HYDRAULIC, MECHANICAL OR OTHER
KIND OF POWER DREDGE OR RIG TO BE USED FOR THE
TAKING OF CLAMS WITHIN FIVE MILES OF ANY OYSTER
BAR IN THE WATERS OF ANNE ARUNDEL COUNTY.
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