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Session Laws, 1962 (Special Session 1), House and Senate Journals
Volume 649, Page 40   View pdf image (33K)
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40 LAWS OF MARYLAND [CH. 16

land (1961 Supplement), title "Natural Resources, " sub-title "Oysters
and Clams, " be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

707A. [The Commission of Tidewater Fisheries shall conduct,
with the cooperation of the Department of Research and Education,
a complete quantitative shellfish population survey in Talbot County,
upon request of the sea food committee of Talbot County (of which
George T. Harrison is present chairman). After such survey, a
map shall be prepared showing all productive oyster bottom, all
productive clam bottom, and all bottom that does not classify as
either, with the location and bounds of such areas. Bottoms found
to be productive of oysters or clams shall be designated as natural
oyster bars or natural clam bars, respectively, provided that at
the time of the resurvey there are oysters or clams in sufficient
quantities in such beds or bars to enable watermen to use such
bars or beds for a livelihood; provided further that any bottom
that may be determined to be neither oyster nor clamming bottom
shall not be leased to any individual or corporation for the two
years following the effective date of this section. Within ninety
(90) days after the survey of the county waters is completed, a
copy of amended charts or new charts shall be deposited in the
record office of the Tidewater Fisheries Commission and another
copy with the clerk of the Circuit Court of Talbot County. No exist-
ing lease shall be invalidated in whole or in part by f acts determined
as a result of such survey or resurvey unless the lessee shall forfeit
his lease voluntarily or by nonpayment of rental or other fees. ]

(a) The Department of Tidewater Fisheries and the Natural
Resources Institute shall conduct a quantitative shellfish population
survey of the water areas in Talbot County, upon the petition of
ten (10) licensed Talbot County clam dredgers or ten (10) licensed
Talbot County oystermen, and with the approval of the oystermen's
committee for Talbot County provided for under Section 707(j)
herein. The petition shall be in writing, contain notarized signa-
tures, and designate with reasonable certainty the area or bottom
to be resurveyed. All submerged bottom determined, after such
survey, to contain at least four or more oysters per square yard
within the bounds of any area of not less than one-quarter (1/4)
of an acre shall be designated a commercially productive oyster
area and shall be allocated and reserved for the production of
oysters, and all such areas containing less than four oysters per
square yard within the bounds of any area of not less than one-
quarter (l/4) of an acre shall be designated a commercially pro-
ductive soft clam area, and shall be allocated and reserved for the
production of soft clams.

(b) The Department shall thereafter amend its charts or prepare
new charts of Talbot County and shall cause to be marked or de-
fined as accurately as possible thereon the correct location and
bounds of such commercially productive oyster areas and com-
mercially productive clam areas then existing in the area surveyed.
Within sixty (60) days after the survey a copy of the amended
charts or new charts shall be deposited with the Department and
another copy sent to the Clerk of the Circuit Court for Talbot
County. No existing oyster lease shall be invalidated either in



 

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Session Laws, 1962 (Special Session 1), House and Senate Journals
Volume 649, Page 40   View pdf image (33K)
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