J. MILLARD TAWES, GOVERNOR                               677

sold, offered for sale, or held in possession in violation of this section,
to be disposed of at the discretion of the Department. In Somerset
County, the Department is expressly denied, and shall not have the
right and authority to confiscate any boat, floating rig, mechanical or
hydraulic dredge, truck or motor vehicle, or any part thereof, at any
time or to hold or detain for evidence any boat, floating rig, hydraulic
or mechanical dredge, truck or motor vehicle for any violation, or
alleged violation of this section.

(o) Soft Shell Clam Productivity.—It shall be the duty of the
Department to take such measures as in its judgment shall seem best
calculated to increase the productivity of soft shell clams in the waters
of Somerset County and the Chesapeake Bay adjacent thereto.

(p) Authority to Open and Close Soft Shell Clam Beds.—The
Department is authorized to open and close any of the soft shell clam
beds within Somerset County and to prohibit the taking or catching
of soft shell clams therefrom, whenever in the judgment of the De-
partment it shall seem necessary or desirable to protect or promote
soft shell clams by any restorative measure which the Department
may deem advisable.

(q) Procedure for Opening and Closing Areas.—(1) Before clos-
ing any soft shell clam area in Somerset County, the Department shall
first give notice to licensed soft shell clam dredgers residing in Somer-
set County by four (4) days written notice from date of mailing,
which said notice shall have described the area to be closed, and the
proposed date of the closing; which notice shall be deemed to be
sufficient if mailed to the address of said licensees on the records of
the Department.

(2)   It is unlawful to take or catch, or attempt to take or catch,
soft shell clams, in any manner whatsoever, in or upon any area in
Somerset County which has been closed by rule or regulation of the
Department.

(3)  The Department of Research and Education and/or the Depart-
ment shall from time to time determine the actual condition of the
shellfish population in the water or submerged bottoms of Somerset
County, or the Chesapeake Bay adjacent thereto, in those parts there-
of where the dredging of soft shell clams is not otherwise specifically
prohibited.

(4) The opening and closing of waters and/or submerged bottom
in Somerset County, or the Chesapeake Bay adjacent thereto, may
also be determined by quantitative shellfish population surveys con-
ducted by the Department of Research and Education and the De-
partment, the results of which surveys shall be public information.

(5) Within sixty (60) days after the completion of any survey
or resurvey, the Department shall amend its charts or prepare new
charts, whereon shall be marked or defined as accurately as possible
the bounds of commercially productive oyster areas and/or commer-
cially productive clam areas; which said charts shall be made available
to the public. No existing lease shall be invalidated either in whole
or in part by facts determined in any such survey or re-survey unless
the lessee voluntarily, or by nonpayment of rental or other fees,
forfeits his lease.