1244                            LAWS OF MARYLAND                     [CH. 705

substantially outweighs the usefulness such bar would have com-
mercially.] measures will increase the productivity or utility of
such areas; provided, however, that the total area of natural oyster
bars of this State, or of any county, closed or remaining closed
under the provisions of this subsection shall never exceed at any
time six per cent of the area classified as natural oyster bars of this
State, or of any county thereof. Upon an area so closed the Depart-
ment may plant oysters, shells or other cultch, or it may take any other
restorative measures in connection therewith, which it may deem ad-
visable. The Department shall cause to be published a notice of closing
of INTENT TO CLOSE any such area or areas in one newspaper of
general circulation in the State and in one or more newspapers of gen-
eral circulation in the county or counties in whose waters the area or
areas are located, not less than fifteen days nor more than thirty days
prior to the announced PROPOSED date of closing, AND SHALL
SCHEDULE A PUBLIC HEARING ON THE PROPOSAL NOT LESS
THAN FIFTEEN DAYS BEFORE THE PROPOSED DATE OF
CLOSING; SUCH HEARING SHALL BE HELD AT THE COUNTY
SEAT OF THE COUNTY IN WHICH THE AFFECTED WATERS
ARE LOCATED; IF SUCH WATERS ARE LOCATED IN MORE
THAN ONE COUNTY THEN THE HEARING SHALL BE HELD
IN THAT COUNTY SEAT OF THE AFFECTED COUNTIES
WHICH IS CLOSEST TO THE AFFECTED WATERS; IF THE
AREA AFFECTED IS TOTALLY WITHIN STATE WATERS,
THEN SUCH HEARING SHALL BE HELD IN ANNAPOLIS.

[(c) 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 wa-
ters 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 newspaper of general circulation in the county,
if the area is located within the waters of any county, or in a news-
paper of general circulation in the State, if the area is located in the
Chesapeake Bay.]

[(d) The members of the public at such a hearing shall be per-
mitted to express their views with respect to the necessity of closing
the area and the extent of its commercial utility. The hearing shall
be held before, and the final determination made by, a committee of
ten persons consisting of the five members of the Tidewater Fish-
eries 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 pro tempore, for
the purpose of such decision and shall have all the rights, privileges
and authority of the Tidewater Fisheries 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 aforesaid shall be necessary to carry any
measure under consideration as herein set forth. The Department
shall keep minutes of the hearings and shall file in its office as a
public record a statement setting forth the decision and the reasons