J. MILLARD TAWES, GOVERNOR                          1171

mercial utility it is the judgment of the Department that the need
for the closing of such bar for restorative purposes from the stand-
point of the public welfare substantially outweighs the usefulness
such bar would have commercially. Upon an area so closed the
Department may plant oysters, shells or other cultch, or it may take
any other restorative measures in connection therewith, which it
may deem advisable.

(c). Advertisement for closing an area.—Before closing any area
the Department shall first hold a public hearing in Annapolis if the
area to be closed is located in the Chesapeake Bay or if the area
to be closed is located in county waters in the county seat of the
particular county in whose waters the area is located. The time,
place and purpose of such hearing as well as the location of the area
intended to be closed shall be advertised once a week during the
two weeks immediately preceding the date of the hearing in a news-
paper of general circulation in the county, if the area is located
within the waters of any county, or in a newspaper of general cir-
culation in the State, if the area is located in the Chesapeake Bay.

(d). Procedure for closing an area.—The members of the public
at such a hearing shall be permitted to express their views with
respect to the necessity of closing the area and the extent of its
commercial utility. The determination of the Department after such
hearing as to such questions of fact, however, shall be final. THE
HEARING SHALL BE HELD BEFORE, AND THE FINAL DE-
TERMINATION MADE BY, A COMMITTEE OF TEN PERSONS
CONSISTING OF THE FIVE MEMBERS OF THE TIDEWATER
FISHERIES COMMISSION, FIVE MEMBERS OF THE LOCAL
COMMITTEE AS SET FORTH IN SECTION 707 (J) HEREOF,
WHEN THE AREA UNDER CONSIDERATION IS LOCATED
IN COUNTY WATERS, WHICH SAID LOCAL COMMITTEE
SHALL BECOME EX-OFFICIO MEMBERS OF THE TIDEWATER
FISHERIES COMMISSION, PROTEMPORE, FOR THE PURPOSE
OF SUCH DECISION AND SHALL HAVE ALL THE RIGHTS,
PRIVILEGES AND AUTHORITY OF THE TIDEWATER FISH-
ERIES COMMISSION IN RELATION TO THE MATTERS AS
ABOVE SET FORTH IN THIS SECTION RELATING TO THE
AREA UNDER CONSIDERATION, INCLUDING THE RIGHT
TO VOTE ONE VOTE FOR EACH OF THE MEMBERS OF THE
LOCAL COMMITTEE. EACH OF THE FIVE MEMBERS OF THE
TIDEWATER FISHERIES COMMISSION SHALL HAVE ONE
VOTE. A MAJORITY OF THE TEN VOTES CAST AS AFORE-
SAID SHALL BE NECESSARY TO CARRY ANY MEASURE
UNDER CONSIDERATION AS HEREIN SET FORTH. The De-
partment shall keep minutes of the hearings and shall file in its office
as a public record a statement setting forth the decision and the rea-
sons therefor. If the decision of the Department is to close the area
in question, a notice of the date of the closing shall be published for
one week prior thereto in the newspaper bearing the notice of the
hearing. ANY PERSON MAY, BY WAY OF APPEAL FROM THE
DECISION OF THE DEPARTMENT EX-OFFICIO AS AFORE-
SAID, FILE PETITION IN THE CIRCUIT COURT OF THE
COUNTY, AT ANYTIME UNTIL EXPIRATION OF THIRTY
DAYS FROM THE NOTICE OF THE FINAL DETERMINATION
AS AFORESAID, AND THE SAME PROCEEDINGS SHALL BE
HAD AS SET FORTH IN THIS SECTION BY TRIAL OF THE