MARVIN MANDEL, Governor                          787

CHAPTER 324
(House Bill 656)

AN ACT to repeal and re-enact, with amendments, Sections 707 (b),
(d), and (k) of Article 66C of the Annotated Code of Maryland,
(1967 Replacement Volume and 1968 Supplement), title "Natural
Resources," subtitle "Oysters and Clams," and to repeal Section
707(j) of Article 66C of the Annotated Code of Maryland (1967
Replacement Volume), title "Natural Resources," subtitle "Oysters
and Clams," to liberalize and clarify the provisions pertaining to
the closing of natural oyster bars, reserving areas for propagation
of seed oysters, sale of seed oysters and generally dealing with
State oyster culture.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 707(b), (d), and (k) of Article 66C of the An-
notated Code of Maryland (1967 Replacement Volume and 1968
Supplement), title "Natural Resources," subtitle "Oysters and
Clams," be and it is hereby repealed and re-enacted with amend-
ments; and that Section 707 (j) of Article 66C of the Annotated Code
of Maryland (1967 Replacement Volume), title "Natural Resources,"
subtitle "Oysters and Clams," be and it is hereby repealed; and all
to read as follows:

707.

(b) The Department is authorized to close [in] any [year not
to exceed three THIRTY percent] of the natural oyster bars in the
waters of this State or of any county thereof and to prohibit or restrict
the taking or catching of oysters thereon whenever in the judgment of
the Department such 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 remain-
ing closed under the provisions of this subsection shall never exceed
at any time six percent of the area classified as natural oyster bars
of this State, or of any county thereof]. Upon an area so closed the
Department may plant oysters, shells or other cultch, or it may take
any other restorative measures in connection therewith, which it
may deem advisable. The Department shall cause to be published a
notice 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
general circulation in the county or counties in whose waters the area
or areas are located, not less than thirty days prior to the proposed
date of closing, and shall schedule a public hearing [in] on the pro-
posal 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.

(d) The Department of Chesapeake Bay Affairs is authorized
to select and res