MARVIN MANDEL, Governor                                 721

REVISOR'S NOTE: This section presently appears as
Article 66C, section 712 (f-1) of the Code.
The only changes made are in style.

PART IV - SOFT-SHELL CLAMS.

4-1032. COUNTY ADVISORY COMMITTEE FOR SOFT-SHELL
CLAMS.

ADVISORY COMMITTEES SHALL BE FORMED IN EACH
COUNTY WHERE SOFT-SHELL CLAMS MAY BE CAUGHT BY
HYDRAULIC CLAM DREDGE. EACH COMMITTEE SHALL BE
COMPOSED OF FIVE PERSONS, FOUR OF WHOM POSSESS A
HYDRAULIC CLAM DREDGE LICENSE AND ONE WHO POSSESSES A
SOFT-SHELL CLAM DEALER'S AND SHIPPER'S LICENSE.
COMMITTEE MEMBERS SHALL BE ELECTED BY PERSONS
POSSESSING A HYDRAULIC CLAM DREDGE LICENSE OR A
SOFT-SHELL CLAM DEALER'S AND SHIPPER'S LICENSE. THE
DEPARTMENT SHALL CONFER WITH THE ELECTED COMMITTEES ON
ANY MATTER AFFECTING THE MANAGEMENT OF THE SOFT=SHELL
CLAM FISHERY.

REVISOR'S NOTE: This section is new language
derived from Article 66C, section 713(1) of
the Code, which is proposed for deletion.
The phrase "dealer's and shipper's license"
is added to this and subsequent sections to
designate a person licensed to buy, sell,
or ship, or transport clams. The only
other changes made are in style.

4-1033. REGULATORY POWERS AND DUTIES OF THE
DEPARTMENT.

(A) HYDRAULIC CLAM DREDGE LICENSES. - IN
ADDITION TO ANY SOLES AND REGULATIONS ADOPTED BY THE
DEPARTMENT CONCERNING THE ISSUANCE OF HYDRAULIC CLAM
DREDGE LICENSES PURSUANT TO THE PROVISIONS OF SECTION
4-1004(C), THE DEPARTMENT SHALL ADOPT RULES AND
REGULATIONS ASSURING, THAT A PERSON HOLDS ONLY ONE
HYDRAULIC CLAM DREDGE LICENSE AND THAT HE IS NOT
ISSUED ANOTHER DURING THE SAME ISSUING YEAR IF HIS
LICENSE IS REVOKED. THE DEPARTMENT ALSO SHALL ADOPT
RULES AND REGULATIONS PROHIBITING A HYDRAULIC CLAM
DREDGE LICENSEE FROM OPERATING A HYDRAULIC CLAM DREDGE
OWNED BY ANOTHER PERSON, OR SUBJECT TO A LIEN HELD BY
ANOTHER PERSON, LICENSED UNDER THE PROVISIONS OF THIS
SECTION, UNLESS THE OWNER OR LIEN HOLDER WAS THE OWNER
OF THE HYDRAULIC CLAM DREDGE, AS EVIDENCED BY
DEPARTMENT RECORDS. HOWEVER, THE DEPARTMENT MAY WAIVE
THE PROHIBITIONS OF THIS SUBSECTION WHEN AN OWNER OR