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Session Laws, 1965
Volume 676, Page 716   View pdf image (33K)
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716                                   LAWS OF MARYLAND                         [CH. 509

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 715A (b) of Article 66C of the Annotated Code of
Maryland (1964 Supplement), title "Natural Resources", sub-title
"Oysters and Clams", be and it is hereby repealed and re-enacted,
with amendments, to read as follows:

715A.

(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 noninterference on the part of the clam industry with other
industries of the tidal waters; and to prevent any trespass or viola-
tion by that industry of the rights and privileges of owners of
properties contiguous to possible areas of operation of the soft shell
clam industry; the [Commission of Tidewater Fisheries] Depart-
ment of Tidewater Fisheries
DEPARTMENT OF CHESAPEAKE
BAY AFFAIRS 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 to add to,
change, alter or completely revise or repeal as it may deem neces-
sary and advisable, all rules and regulations which, pursuant to this
section, shall govern the boat and 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 reopened and reclosed
as the [Commission] Department may deem necessary and expe-
dient; the methods of taking or catching soft shell clams; the circum-
stances of their possession and their marketing, as the [Commis-
sion] Department 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 mechan-
ical 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 Kent County it shall also be unlawful
to take or catch, or attempt to take or catch, soft shell clams by
hydraulic or mechanical dredge, or by any other means:

(1)   Within 50 yards of any commercially productive oyster tong-
ing area defined on the charts of the [Commission of Tidewater
Fisheries] Department of Chesapeake Bay Affairs, 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 1000 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 owner's name, of a readily discernible size, or as may be required

 

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Session Laws, 1965
Volume 676, Page 716   View pdf image (33K)
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