734                                       LAWS OF MARYLAND                            [Ch. 4

deletion since this definition appears in
the definition section of this subtitle.

In subsection (b) the provision stating
that the survey supersedes the oyster
survey is new language derived from Article
66C, section 696 (i) and set forth here for
organizational purposes. The last sentence
in proposed subsection (b) is new language
derived from Article 66C, section 708 (d),
as amended by Chapter 317, Acts of 1972.

Subsection (c) presently appears as Article
66C, section 708(d), as amended by Chapter
317, Acts of 1972. The requirement that
notice be published in a newspaper in the
county where the affected waters are
located is proposed for deletion.
According to Bruce v. Director, every State
resident is affected by the department's
action and, therefore, notice must be
published in every county newspaper. This
is the present practice of the department.
The last sentence of present section 708 (d)
is also proposed for deletion because this
language appears in proposed subsection
(b).

Subsection (d) is new language derived from
the last sentence of present section
708(c) .

Article 66C, section 707(i) of the Code is
proposed for deletion because the substance
of this section duplicates proposed
subsection (a). The only other changes
made are in style.

4-1103. STATE OYSTER CULTURE.

(A)    DEPARTMENT REQUIRED TO RESTORE OYSTER BARS.
- THE DEPARTMENT SHALL TAKE MEASURES WHICH IN ITS
JUDGMENT SEEM BEST CALCULATED TO INCREASE THE
PRODUCTIVITY OR UTILITY OF ANY PART OF THE NATURAL
OYSTER BARS OF THE STATE.

(B)   DEPARTMENT AUTHORIZED TO CLOSE NATURAL BARS;
NOTICE OF INTENT TO CLOSE; PUBLIC HEARING. - THE
DEPARTMENT MAY CLOSE IN ANY YEAR NO MORE THAN 30
PERCENT OF THE NATURAL OYSTER BARS IN THE WATERS OF
THE STATE. THE DEPARTMENT MAY PROHIBIT OR RESTRICT