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Session Laws, 1973, Special Session
Volume 710, Page 614   View pdf image
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614                                       LAWS OF MARYLAND                            [Ch.

219(a). Subsection (b) presently appears
as section 219(f), as amended by Chapter
567, H.B. 781, Acts of 1973. It omits the
provision which exempts the requirement for
certain landowners on Deep Creek Lake in

Garrett County in light of Bruce v.

Director 261 Md. 585 (1971). Such a
criterion based upon wealth appears to
violate the same equal protection
guarantees the court upheld in Bruce.

Also, in terms of the definition of
resident in subsection (b) there appears no
uniformity throughout the present code
provisions dealing with fish and fisheries.
The residency requirement here differs for
example from the 12 month requirement as to
eligibility for a license to operate nets
and seines for commercial fishing, or a
tonging license. As to a crabbing license,
the present statute only states the
licensee shall be a resident without
indicating the period of time one must
reside in the State to be considered as
such. The last sentence of the subsection
is proposed for deletion because it
duplicates proposed section 4—101(j) of
this title.

Subsections (c) , (d) , (e), (f) , and (g) are
new language. The reference to persons age
65 paying a reduced license fee is placed
in subsection (g) with other license fee
provisions. The exception provisions of
subsection (d) are derived from the last
sentence of section 219(c), section 219(h),
and section 219A. They are consolidated in
one place for clarity. As to the exception
derived from section 219 (c) the word spouse
is added to refer to spouse of landowner or
tenant. As the statute presently reads,
only the children and spouses of children
of the owner or tenant are included thereby
excluding the spouse of the owner or
tenant. This appears inequitable if the
exception is to be retained. The portion
of the exception of section 219A dealing
with stamps is not included in the last
exception of subsection (c). Stamps in
section 219A refers to trout stamps.
Therefore, it is included in this title in

 

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Session Laws, 1973, Special Session
Volume 710, Page 614   View pdf image
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