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J. MILLARD TAWES, Governor 1249
Island; thence along the shore of Smith Island in a northerly and
easterly direction to a point due south of Solomons Lump Light;
thence in a straight line to Solomons Lump Light; thence in a
northerly direction to Sheepshead Point on South Marsh Island;
thence in a straight line westerly to Holland Bar Light the point
of the beginning. The Commission of Tidewater Fisheries is au-
thorized to adopt rules and regulations for the management and de-
velopment of said oyster propagation demonstration area, and by
regulation may prohibit the taking of oysters, by closing or open-
ing any portion or all of said area and may specify the type, nature
and kind of oyster gear or gears which may be employed to harvest
any oysters which may accumulate. The Commission of Tidewater
Fisheries may provide for penalties for the violation of any rule or
regulation which may be adopted as herein provided; however, the
maximum penalty for the violation of any said regulation shall
not exceed $500. fine and/or more than six months imprisonment in
the house of correction and in addition to such fine or imprisonment,
any court having jurisdiction may enter an order declaring the boat
and all of its gear, cargo, and equipment, involved or employed in
such violation, to be confiscated and shall be delivered to the Commis-
sion of Tidewater Fisheries for such disposition thereof as in the
opinion of said Commission may be most advantageous to the State.]
[(m)] (i) The Department of [Tidewater Fisheries] Chesa-
peake Bay Affairs [and the Natural Resources Institute] shall, at
any time hereafter, resurvey any of the submerged areas of this
State for the purpose of determining the position and extent of any
natural oyster bars, clam beds, or crab beds. If, upon such resurvey,
the Department finds that natural oyster beds, clam beds, or crab
beds be incorrectly located on existing charts, or that the existing
charts do not reflect the actual condition of the bottoms at the time
of the resurvey, the said Department of [Tidewater Fisheries]
Chesapeake Bay Affairs shall amend such charts or prepare new
charts and shall cause to be marked or defined as accurately as
possible thereon the correct location and bounds of all natural oyster
bars, clam beds, crab beds, then existing in the area being surveyed.
A natural oyster or natural clam bar shall be construed to mean and
include all oyster or clam beds or bars under any of the waters of
this State whereon there are oysters or clams to be found naturally
and in sufficiently large quantities in such beds or bars to enable
the public to use such bars or beds for a livelihood. Within ninety
days after such resurvey, a copy of such amended charts or new
charts shall be deposited in the Department of [Tidewater Fish-
eries] Chesapeake Bay Affairs and another copy sent to the clerk
of the circuit court in which or nearest to which the area resurveyed
is located.
No existing lease shall be invalidated in whole or in part by facts
determined as a result of such survey or resurvey unless the lessee
shall forfeit his lease voluntarily or by nonpayment of rental or
other fees. No area defined by the charts or amended charts of the
Oyster Survey of 1906-1912 on file in the offices of the Department of
[Tidewater Fisheries] Chesapeake Bay Affairs or any subsequent
charts or resurveys as a natural oyster bar, clam bed, or crab bed
shall be subject to reclassification as barren bottom on the basis
of facts determined as a result of such survey or resurvey.
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