J. MILLARD TAWES, GOVERNOR                          1421

BY THE REGULATIONS SET FORTH ELSEWHERE IN THIS
SUB-TITLE.

Nothing in this section shall be construed to prevent or prohibit
the Department of Research and Education and/or the Commission
of Tidewater Fisheries from:

(a)   establishing test areas CONDUCTING SCIENTIFIC IN-
VESTIGATIONS OF ANY NATURE AT ANY TIME AND BY

ANY MEANS in any of the waters of any County or the Chesapeake
Bay, whether or not the same be in an otherwise prohibited area, for
the purpose of conducting shellfish research therein;

(b)  opening any area in the county waters of Talbot County or the
waters of the Chesapeake Bay adjacent thereto elsewhere by this
section prohibited, for the taking and catching of soft shell clams;
provided that the taking and catching of soft shell clams in such
opened area shall be under the direct supervision, direction, control
and surveillance of the Commission of Tidewater Fisheries, as the
Department of Research and Education and/or the Commission of
Tidewater Fisheries may, from time to time, deem appropriate,,
proper and feasible.

714. Same—Penalties for Violation.

(a)  Any person violating the provisions of Section 713 of this
Article shall be deemed guilty of a misdemeanor and, unless otherwise
specified, upon conviction thereof shall be fined not less than Ten
Dollars ($10.00) nor more than Two Hundred Dollars ($200.00).

(b) All violations of Section 713 involving the use of a clam dredge
shall be tried by a Trial Magistrate in the County wherein the hy-
draulic or mechanical dredge or rig is licensed, but nothing contained
in this sub-section shall deny to any defendant the right to waive the
jurisdiction of such Court or the right of appeal to the Circuit Court
of said County.

(c) Any licensed clam dealer, resident or nonresident, or any other
person, who

(1)  fails to pay the inspection tax in full

(2)  transports or attempts to transport clams after suspension or
revocation of any permit or license issued by the Maryland State
Department of Health

(3)  fails to comply with the rules and regulations of the Commis-
sion of Tidewater Fisheries, or to submit or exhibit to said Commis-
sion such reports and records as the Commission may from time to
time require, or

(4) transport or attempts to transport clams without first obtaining
such permits as the Commission of Tidewater Fisheries may require,
shall, upon conviction thereof, be deemed guilty of a misdemeanor,
and be fined not less than Fifty Dollars ($50.00) nor more than
Two Hundred Dollars ($200.00) for each offense, or be imprisoned
in the House of Correction for not less than three (3) months nor
more than six (6) months for each offense, or be both fined and
imprisoned at the discretion of the Court.