J. MILLARD TAWES, Governor                     1247

the area in question, a notice of the effective date shall be pub-
lished for one week prior thereto in the newspaper bearing the
notice of the hearing. All seed oysters cultivated in such areas in
accordance with provisions of this section shall be used only for the
propagation of oysters on natural oyster bars as defined in this
article and shall not be sold nor distributed to any lessee nor placed
upon any leased bottom. Any person may, by way of appeal from
the decision of the Department ex officio as aforesaid, file petition
in the circuit court of the county, at any time 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 circuit court, de novo and with the same right of appeal
from the decision of the said circuit court.] The Department shall
cause to be published a notice of reservation of any such area or
areas in one newspaper of general circulation in the State and in
one or more newspapers of general 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 PRO-
POSED 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 LO-
CATED; 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.

[(h)] (e) The Department of [Tidewater Fisheries] Chesa-
peake Bay Affairs is authorized to transplant oysters, shells or other
cultch from one closed area to another, to transplant or otherwise
utilize within the State such seed oysters as may be produced upon
shells or other cultch planted by said Department and to transplant
or utilize any other seed oysters which may accumulate on areas
where such seed oysters are not likely to develop into desirable
marketable oysters.

[(i)] (f) It shall be unlawful to take, scrape or tong for
oysters upon any area which has been closed [by any rule or regu-
lation of the Department of Tidewater Fisheries or upon any area]
or reserved for propagation of oyster seed under [subsection (g-1)]
the provisions of this section. This subsection shall not be construed
or applied as prohibiting such taking or catching of oysters by or
on behalf of the Department of [Tidewater Fisheries] Chesapeake
Bay Affairs.

[(j)] (g) The Department of [Tidewater Fisheries] Chesa-
peake Bay Affairs or its successors shall expend for the planting of
oyster shells, other cultch or seed oysters on the natural oyster bars
or seed areas or for the purchase of necessary equipment to plant
said materials and for no other purpose (1) all funds appropriated
in the budget for oyster propagation, and (2) all monies required
by Section 716 of this subtitle to be credited by the Comptroller to
the Oyster Fund. Any unexpended balance in the Oyster Fund at
the end of any fiscal year shall remain in the fund and be spent
for the planting of shells or seed oysters during subsequent years