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Session Laws, 1970
Volume 695, Page 1960   View pdf image
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1960                               Laws of Maryland                         Ch. 690

hibited under the provisions of Subsections (c) and (j) when (1) in
the judgment of the Department, other natural resources will not be
significantly damaged, (2) the area to be opened is clearly defined
and plainly marked, and (3) at least one patrol vessel of the Depart-
ment is stationed within the area at all times when dredging is per-
mitted. In any finite geographical area where hydraulic clam dredg-
ing is prohibited under the provisions of Subsection (d), no more
than one area may remain open under the provisions of this subsec-
tion at any time, and such area may not exceed 200 acres in size.
IN THE WATERS OF ST. MARY'S COUNTY MORE THAN ONE
SUCH AREA MAY REMAIN OPEN, PROVIDED THAT IN ANY
FINITE GEOGRAPHICAL AREA ALL SUCH AREAS REMAIN-
ING OPEN TOTAL NOT MORE THAN 200 ACRES AND ARE
KEPT UNDER CONTINUOUS SURVEILLANCE BY THE DE-
PARTMENT AT ALL TIMES WHEN DREDGING IS PER-
MITTED. Nothing in this subsection shall be construed to authorize
the taking of soft shell clams by hydraulic clam dredge in the waters
of any county named in Subsection (j). Openings and closings of areas
under the provisions of this subsection shall be preceded by appro-
priate notice in at least one newspaper of general circulation in the
State,
AND IN AT LEAST ONE NEWSPAPER OF GENERAL
CIRCULATION PUBLISHED IN THE AFFECTED COUNTY OR
COUNTIES, and shall be effective no less than 24 hours from pub-
lication of such notice.

Regulatory Authority Of The Department

(g) The Department is authorized to promulgate regulations
governing any aspect of the soft-shell clam fishery, provided such
regulations are not in conflict with the provisions of this Article, and
is directed to adopt regulations governing:

(1)    Measurement and structural details of the hydraulic clam
dredge.

(2)    The number of hydraulic clam dredges which may be carried
on a vessel.

(3) The use of mufflers on motors and engines on hydraulic clam
dredges or on board boats carrying such dredges.

(4) The establishment of limits on the number of bushels which
may be taken by a hydraulic clam dredge, or by a boat carrying a
hydraulic clam dredge, which limits shall apply to all clams caught
within the geographcial
GEOGRAPHICAL limits of this State.

(5)    The minimum size of soft shell clams.

(6)    The time for taking, landing, and unloading soft shell clams.

(7)    The records required to be maintained and/or submitted to
the Department by persons licensed to dredge, sell, buy, ship, trans-
port, or otherwise deal in soft shell clams.

(8)    The licensing of persons to sell, buy, ship, transport, or
otherwise deal in soft shell clams, and the methods by which they
may do so, provided that such license shall not be required to sell or
dispose of clams in a retail market, restaurant, or other establishment
where clams are sold or served for immediate use or consumption,
when such clams have been purchased from a person licensed under
the provisions of this subsection or regulations adopted pursuant


 

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Session Laws, 1970
Volume 695, Page 1960   View pdf image
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