Ch. 427                           MARVIN MANDEL, Governor                              893

application, and to this end all the provisions of this Act are declared to be
severable.

SECTION 3. AND BE IT FURTHER ENACTED, That all laws or parts of
laws, public general or public local, inconsistent with the provisions of this Act are
repealed to the extent of the inconsistency.

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 21, 1973.

CHAPTER 427
(Senate Bill 737)

AN ACT to add new Section 696(d-l) to Article 66C of the Annotated Code of
Maryland (1970 Replacement Volume and 1972 Supplement), title "Natural
Resources," subtitle "Oysters and Clams," to follow immediately after Section
696(d) thereof, and to repeal and re-enact, with amendments, Sections 698(a)
and (b) of the same Article, title and subtitle, to include diving apparatus
among the devices which may be used for catching oysters; to set the license fee
for the use of such a device; and to define the term.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 696(d-l) be and it is hereby added to Article
66C of the Annotated Code of Maryland (1970 Replacement Volume and 1972
Supplement), title "Natural Resources," subtitle "Oysters and Clams," to follow
immediately after Section 696(d) thereof; and that Sections 698(a) and (b) of the
same Article, title and subtitle be and they are hereby repealed and re-enacted,
with amendments, and all to read as follows:

696.

(D-1) DIVING APPARATUS. - ANY DIVING EQUIPMENT THAT IS
SUPPLIED WITH AIR FROM THE SURFACE THROUGH A HOSE, OR
DIVING EQUIPMENT GENERALLY REFERRED TO AS SCUBA, THE
USE OF WHICH ALLOWS A PERSON TO WORK BENEATH THE
WATER FOR THE PURPOSE OF TAKING OR CATCHING OYSTERS BY
HAND.

698.

(a)  It shall be legal to catch oysters or clams in the waters of this State by
rakes, patent tongs, DIVING APPARATUS, dredges, and scrapes, cultch
material suspended on strings, in trays, in bags, or similar devices as defined in
this section, and by no other means, except that in addition to the foregoing
means, soft-shell clams may be caught by hydraulic or mechanical dredges or rigs.
DIVING APPARATUS MAY BE LEGALLY USED TO CATCH OYSTERS
OR CLAMS ONLY IN AREAS SPECIFICALLY MARKED TO INDICATE
DIVERS MAY BE SUBMERGED.

(b)  No person shall take or catch oysters or clams for market in the waters of
this State who has not been duly licensed as provided in the regulations of the Fish
and Wildlife Administration. No license shall be required under the provisions of
this subtitle for any person to take or catch up to one bushel of oysters from the
natural oyster bars of the State for his own use and consumption, and not for sale
or marketing provided that such oysters may be taken only in such places and at