742 LAWS OF MARYLAND [Ch. 4
added to this and subsequent sections to
identify submerged lands leased by the
State as leased oyster bottoms.
Subsection (b) presently appears as Article
66C, section 710 of the Code. New language
is added incorporating the relevant
provisions of Article 66C, sections 709 and
710A. The present provision permitting
lessees in Dorchester County to renew,
assign, and devise by will is made
applicable to the other two counties. No
rational ground appears for treating these
two counties differently; the department,
in fact, has functioned on the assumption
that these provisions did apply to the
other two counties. House Bill 1158,
Chapter 843, Acts of 1973 prohibit new
leases in Kent, Queen Anne's, and Talbot
Counties. These counties are included in
the subsection and section 710B is proposed
for deletion.
Subsection (c) presently appears as Article
66C, section 708(b) of the Code, as amended
by Chapter 331, H.B. 974, Acts of 1973.
The reference to "mean low water" is
proposed for deletion and the synonymous
phrase "mean low tide" is substituted
therefor to maintain consistency. The
present phrase "in the county" which
identifies the location of natural oyster
or clam bars, also is proposed for
deletion. The decision in Bruce abolishes
the necessity for the county water lines
here. The last sentence is also proposed
for deletion because the definition section
of this subtitle sets forth the substance
of this sentence. The reference to crab
beds is proposed for deletion because crabs
are not sedentary in nature and, thus, do
not settle in beds.
Subsection (d) presently appears as Article
66C, section 708 (h) of the Code. New
language is added to indicate that the
Chesapeake Bay as used in this subsection
includes those waters lying outside the
county water limits established by the
Oyster Survey.
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