736                                       LAWS OF MARYLAND                             [Ch. 4

WATERS ARE LOCATED. IF THE AFFECTED WATERS ARE
LOCATED IN MORE THAN ONE COUNTY, THE HEARING SHALL BE
HELD IN THAT COUNTY SEAT CLOSEST TO THE AFFECTED
WATERS, BUT IF THE AREA AFFECTED IS TOTALLY WITHIN
STATE WATERS, THE HEARING SHALL BE HELD IN ANNAPOLIS.

(E) SALE OF SEED OYSTERS. - THE STATE MAY SELL
NO MORE THAN 50 PERCENT OF SEED OYSTERS IN EXCESS OF
ONE MILLION BUSHELS PRODUCED ANNUALLY IN SEED AREAS TO
CITIZENS WHO HOLD VALID LEASES UNDER THE PROVISIONS OF
THIS SUBTITLE FOR NO LESS THAN THE PREVAILING PRICE OF
SEED OYSTERS OF SIMILAR QUALITY IN NEARBY STATES.
CONDITIONS OF SALE MAY BE PRESCRIBED BY RULE OR
REGULATION OF THE DEPARTMENT. THE PROCEEDS FROM THESE
SALES SHALL BE CREDITED BY THE COMPTROLLER TO THE
FISHERIES RESEARCH AND DEVELOPMENT FUND.

REVISOR'S NOTE: Subsection (a) presently appears
as Article 66C, section 707 (a) of the Code.

In subsection (b), which presently appears
as Article 66c, section 707(b), the present
provision permitting the department to
close areas in county waters is proposed
for deletion because the Bruce decision
abolished the necessity for distinguishing
between State and county waters in this
section. In addition, the provision that
requires the department to publish notice
in a newspaper in the county where the area
is located is proposed for deletion because
under the Bruce decision all State
residents would be affected by a
reservation not merely those of one county.

Subsection (c) presently appears as Article
66C, section 707 (c) of the Code.

In subsection (d) which presently appears
as Article 66C, section 707(d), the first
provision has been revised to indicate that
this is the definition of "seed area". The
provision relating to the sale of seed
oysters is proposed for deletion because it
is separately set forth in subsection (e).
In addition, the provision requiring 50
percent of all seed oysters to be planted
in the county where the seed area is
located has been retained. The department,
however, feels that rationale underlying
this provision has been negated by the