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Session Laws, 1959
Volume 642, Page 1417   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                          1417

(v) Or within fifty (50) yards of any commercially productive
oyster area as may from time to time be established by survey or
resurvey of the Commission of Tidewater Fisheries and/or the De-
partment of Research and Education.

(vi) It shall be lawful to take or catch, or attempt to take or catch,

soft shell clams in the shoal waters of the Chesapeake Bay bordering

or adjacent to Talbot County; provided that the taking of said soft

shell clams in such waters shall be governed by the regulations set

forth elsewhere in this sub-title.

(vii) If, in the discretion of the Department of Research and Edu-

cation, valid and sufficient cause shall exist, the Commission of

Tidewater Fisheries and the Department of Research and Education
shall conduct a quantitative shell fish population survey upon the

petition of ten (10) licensed clam dredgers or licensed oyster tongers,

which said petition be in writing, contain notorized signatures,

and designate with reasonable certainty the area or bottom to be

re-surveyed. All submerged bottom determined, after such survey,

to contain commercially productive quantities of oysters shall be
allocated for the production of oysters, and all such areas containing
commercially productive quantities of clams shall be allocated for

the production of soft shell clams.

(viii) The Commission of Tidewater Fisheries shall thereafter
amend its charts or prepare new charts and shall cause to be marked
or defined as
accurately as possible thereon the correct location and
bounds of such commercially productive oyster areas and commer-

cially productive clam areas then existing in the area surveyed.

Within sixty (60) days after such survey, a copy of such amended

charts or new charts shall be deposited in the Commission of Tide-

water Fisheries and another copy sent to the Clerk of the Circuit

Court in which, or nearest to which, the area surveyed is located.

No existing lease shall be invalidated wither in whole or in part

forfeit his lease voluntarily, or by or non-payment of rental or other fees.
(3) In the waters of, or adjacent to, Anne Arundel 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:

(i) During the period from May through September of each year
within five hundred (500) feet in front of any sea nettle net and/or

any public bathing beach at any time; provided that the beach is in

fact resorted to by the public for bathing; and provided that the
extent of the beach along the shore is marked as may be required by
any rule or regulation of the Commission of tidewater Fisheries.

(ii) Anywhere in Anne Arundel County within three hundred (300)
feet of the shoreline measured from mean tide.

(1) Inspection tax.(1) An inspection tax of ten cents (10) per
bushel is hereby levied upon all soft shell clams caught within the
limits of this State, unloaded from boats or rigs at the place in Mary-
land where said soft shell clams are to be no further shipped in bulk
in vessel, and said inspection tax shall be paid weekly to the Comp-
troller of the Treasury, or his agent, by the buyer thereof. The Com-
mission of Tidewater Fisheries shall
MAY require reports of clam-
ming operations from all licensees. Said reports shall be available to


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Session Laws, 1959
Volume 642, Page 1417   View pdf image (33K)
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