MARVIN MANDEL, Governor                                      609

IN ITS MOUTH.

REVISOR'S NOTE: This section is new language
derived from Article 66C, section 112(r) of
the Code.

4-602. RULES AND REGULATIONS AFFECTING FISH IN
NONTIDAL WATER.

(A)    AUTHORITY TO ADOPT RULES AND REGULATIONS. -
WITH DUE REGARD FOR DISTRIBUTION, ABUNDANCE, ECONOMIC
VALUE, AND BREEDING HABITS OF FISH IN NONTIDAL WATERS,
THE SECRETARY MAY ADOPT RULES AND REGULATIONS TO
EXTEND, RESTRICT, OR PROHIBIT CATCHING, POSSESSING,
PURCHASING, TRANSPORTING, OR EXPORTING FISH FROM
NONTIDAL WATERS.

(B)    PETITION BY CERTAIN RESIDENTS PROPOSING
RULES AND REGULATIONS; PROCEDURE AND NOTICE. - UPON
WRITTEN PETITION, AT LEAST 50 STATE RESIDENTS WHO HOLD
VALID ANGLER'S LICENSES MAY PROPOSE ANY RULE OR
REGULATION PERTAINING TO FISH IN NONTIDAL WATERS TO
THE SECRETARY FOR ADOPTION. THE FULL TEXT OF THE
PROPOSED RULE OR REGULATION SHALL BE PUBLISHED IN A
NEWSPAPER OF GENERAL CIRCULATION IN EVERY COUNTY
AFFECTED BY THE RULE OR REGULATION AT LEAST TEN DAYS
PRIOR TO ITS CONSIDERATION. THE PUBLISHED NOTICE
SHALL STATE THE DATE, TIME, AND PLACE THE PROPOSED
RULE OR REGULATION IS TO BE CONSIDERED, AND THAT ANY
INTERESTED PERSON MAY BE HEARD ON THE PROPOSAL. IF
THE SECRETARY ADOPTS THE PROPOSED RULE OR REGULATION
OR ANY PART OF IT HE SHALL GIVE NOTICE OF THE
EFFECTIVE DATE OF THE RULE OR REGULATION IN THE SAME
MANNER AS IT WAS PROPOSED.

(C)    EMERGENCY SITUATION. - IN CASE OF FIRE
HAZARD OR SIMILAR EMERGENCY, THE SECRETARY MAY ADOPT
ANY RULE OR REGULATION PURSUANT TO SUBSECTION (A).
THE RULE OR REGULATION BECOMES EFFECTIVE IMMEDIATELY
UPON PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION
IN EVERY COUNTY AFFECTED BY THE RULE OR REGULATION.

(D)    HAILING, RECORDING, AND POSTING RULES AND
REGULATIONS. - THE SECRETARY SHALL BAIL A COPY OF THE
ADOPTED RULES AND REGULATIONS TO THE CLERK OF THE
CIRCUIT COURT OF EVERY COUNTY OR THE COURT OF COMMON
PLEAS FOR BALTIMORE CITY IF AFFECTED BY THE RULE OR
REGULATION. THE COUNTY CLERK SHALL RECORD AND POST IN
FRONT OF THE COUNTY COURT HOUSE EVERY ADOPTED RULE OR
REGULATION.