J. MILLARD TAWES, GOVERNOR 1007
clams (mya arenaria) within the waters of St. Mary's County by the
use of any hydraulic, mechanical, or other dredge, except under such
rules and regulations as shall be promulgated by the Commission of
Tidewater Fisheries and as further restricted herein. For the purpose
of this section, the term "waters of St. Mary's County" shall mean all
tidal waters within the boundaries of St. Mary's County including the
Chesapeake Bay, the Patuxent River and the tributary waters of
the Potomac River; but excluding the tributary waters of the Chesa-
peake Bay and the tributary waters of the Patuxent River and all
waters of the Potomac River. OF SAID COUNTY WATERS.
(b) In order to further and promote the Soft Shell Clam industry
to the greatest advantage and benefit of the peoples of the State of
Maryland; to properly regulate the processes of that industry so as to
insure its continuance and healthy growth; to provide for a hydro-
graphic survey of the clamming areas in order to bring about the
peaceful non-interference on the part of the clam industry with
other industries of the tidal waters; and to prevent any trespass or
violation by that industry of the rights and privileges of owner of
properties contiguous to possible areas of operation of the Soft Shell
Clam industry; the Commission of Tidewater Fisheries is hereby
authorized and directed to adopt and publish, immediately upon the
effective date of this section, or as soon as possible thereafter, and
from time to time add to, change, alter or completely revise or repeal
as it may deem necessary and advisable, all rules and regulations
which, pursuant to this section, shall govern the boat and the gear,
as well as the nature and size thereof, which lawfully may be used in
taking or catching soft shell clams with hydraulic, mechanical or
other dredge; the issuance, suspension and revocation of all licenses;
the collection of license fees and of an inspection tax; the areas of
operation, or the entire area, which may be opened and closed, and
re-opened and re-closed as the Commission may deem necessary and
expedient; the methods of taking or catching soft shell clams; the
circumstances of their possession and their marketing; as the Com-
mission may judge to be necessary in the best interests of the State;
provided that it shall be unlawful to take or catch or attempt to take
or catch soft shell clams with a hydraulic or mechanical dredge or
with any other type gear upon any Natural Oyster Bar as defined in
the first paragraph of Section 696 (i) of this Article, and further in
the waters of St. Mary's County it shall also be unlawful to take or
catch, or attempt to take or catch, soft shell clams by hydraulic or
mechanical dredge:
(1) within 50 yards of any commercially productive oyster tonging
area defined on the charts of the Commission of Tidewater Fisheries,
or as defined under Section 696 (i) of this Article, or
(2) within 150 feet of any bulkhead, wharf or pier, constructed
or erected in, out in, over or under any of the waters of this State, or
(3) within 1,000 feet of any public bathing beach during the
months of May, June, July, August and September of any year, or
(4) within 100 yards of any private bathing beaches, during the
months of May, June, July, August and September; provided that the
private bathing beaches shall be staked and marked by the owners
thereof upon which shall be lettered "Bathing Beach" and the owners
name of a readily discernible size, or as may be required by any rule
or regulation of the Commission of Tidewater Fisheries; provided,
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