J. MILLARD TAWES, Governor                     1197

to amend the oyster cull law to exempt from its requirements of re-
turn to the waters of oysters under three inches in size attached
to marketable oysters, those oysters of less than one inch which
are attached to the shells of marketable oysters and are incapable
of removal without destruction, and to exclude marketable oysters
with less than one inch spat attached from the 5% of under size
oysters allowed to be in the possession of any person, and to
correct an error therein.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 699 (a) and (b) of Article 66C of the Annotated Code
of Maryland (1957 Edition), title "Natural Resources," subtitle
"Oysters and Clams," be and they are hereby repealed and re-
enacted, with amendments, to read as follows:

699.

(a)    Merchantable and unmerchantable oysters taken from any
of the waters of this State, either with scoops, dredges or any
similar instruments, or tongs or rakes, shall be culled upon their
natural bed or bar whence taken, and all shells shall be returned to
the bed or bar from which they were taken, and all oysters whose
shells measure less than three inches in length, measuring from
hinge to mouth, whether attached to a marketable oyster or not,
shall be included in said culling and replaced upon said bed or bar
as taken; and when oysters measuring less than three inches are
adhering so closely to the shell of a marketable oyster as to render
removal impossible without destroying the small oysters, then such
oysters, including the marketable oyster or oysters shall be returned
to the bed or bar from which they were taken, except that marketable
oysters may be retained if said small oyster or oysters adhering to
the marketable oysters are less than one inch in length from hinge
to mouth and cannot be removed without destroying the small
oysters; and the culling of oysters taken as aforesaid required by this
section shall be actually made and completed before such oysters are
thrown or deposited in the hold or bottom of any boat.

(b)    It shall be unlawful for any person to have oysters in his
possession which contain more than five per cent (5%) of shells
and oysters less than three inches from hinge to mouth (whether
adhering to marketable oysters or not), which for the purpose of this
subtitle are declared to be unmerchantable oysters, except that those
marketable oysters having small oyster's less than one inch in length
from hinge to mouth adhering to them which cannot be removed
without destroying the small oyster, shall not be counted in the five
per cent (5%). IT IS THE INTENTION OF THE GENERAL AS-
SEMBLY THAT SHELLS OF OYSTERS TO WHICH SMALL
OYSTERS LESS THAN ONE INCH IN LENGTH ARE SO
CLOSELY ATTACHED THAT THEY CANNOT BE REMOVED
WITHOUT DESTROYING THE SMALL OYSTER SHALL BE
RETURNED TO THE TIDAL WATERS OF THIS STATE AFTER
SHUCKING, TO THE GREATEST EXTENT PRACTICABLE
AND WITH THE LEAST PRACTICABLE DELAY, AND THE
DEPARTMENT OF CHESAPEAKE BAY AFFAIRS IS CHARGED

WITH THE DUTY OF CARRYING OUT THE INTENT OF THE
GENERAL ASSEMBLY. In ascertaining such percentage the officers
or employees of the Department of [Tidewater Fisheries] Chesapeake