MARVIN MANDEL, Governor                                 689

REVISOR'S NOTE: This subsection is new language
added at the request of the department to
simplify enforcement of the hard—shell and
soft—shell clam provisions of the Code.

(K) "HYDRAULIC CLAM DREDGE" MEANS ANY DEVICE
USED FOR DREDGING [[SOFT-SHELL]] CLAMS WHICH CONSISTS
OF A MANIFOLD THROUGH WHICH WATER IS FORCED UNDER
PRESSURE FOR THE PURPOSE OF DIGGING CLAMS AND WORKING
THEM INTO THE MOUTH OF THE DREDGE WHERE THE CLAMS THEN
ARE BROUGHT UP TO BOAT LEVEL BY MEANS OF AN ESCALATOR.
"HYDRAULIC CLAM DREDGE" INCLUDES THE VESSEL ON WHICH
THE DREDGE IS CARRIED.

REVISOR'S NOTE: This subsection is new language
derived from the Resources Study Report No.
11 mentioned in Article 66C, section
713(a) (3) of the Code. Article 66c,
section 713(a) (3) is proposed for deletion
because it duplicates this provision.

(L) "MARKETABLE OYSTER" MEANS ANY OYSTER
MEASURING THREE INCHES OR MORE FROM HIS MOUTH.

REVISOR'S NOTE: This subsection is new language
gleaned from the somewhat circuitous
definition in Article 66C, section 699 of
the Code.

(M) "NATURAL OYSTER BAR" MEANS ANY SUBMERGED
OYSTER BAR, REEF, ROCK, OR AREA REPRESENTED AS AN
OYSTER BAR ON THE CHARTS OF THE OYSTER SURVEY OF 1906
TO 1912, AND ITS AMENDMENTS, OR ANY AREA DECLARED BY
ANY CIRCUIT COURT TO BE A NATURAL OYSTER BAR, OR ANY
AREA ON WHICH THE DEPARTMENT PLANTS OYSTERS OR SHELLS.
A NATURAL OYSTER BAR ALSO MEANS ANY BAR BENEATH THE
WATERS OF THE STATE WHERE THE NATURAL GROWTH OF
OYSTERS ABOUNDS TO THE EXTENT THAT THE PUBLIC HAS
RESORTED TO THE BAR FOR A LIVELIHOOD, WHETHER
CONTINUOUSLY OR AT INTERVALS, DURING ANY OYSTER SEASON
WITHIN FIVE YEARS PRIOR TO THE FILING OF ANY
APPLICATION FOR A LEASE OF THE AREA IN QUESTION, OR
WITHIN FIVE YEARS PRIOR TO THE MAKING OF A RESURVEY
UNDER THE PROVISIONS OF SUBTITLE 11. THE ACTUAL
CONDITIONS OF THE AREA IN QUESTION AT ANY TIME WITH IN
THE FIVE-YEAR PERIOD SHALL BE CONSIDERED IN
DETERMINING WHETHER OR NOT THE AREA IS A NATURAL
OYSTER BAR.

REVISOR'S NOTE: This subsection is new language
derived from Article 66C, section 696(i) of