MARVIN MANDEL, Governor                                 751

RIVER), QUEEN ANNE'S, OR KENT COUNTIES, OR IN THE
MANOKIN RIVER IN SOMERSET COUNTY, MAY NOT CATCH
OYSTERS ON LEASED LAND BY ANY DEVICE OTHER THAN TONGS
OR PATENT TONGS. NOTWITHSTANDING THE PROVISIONS OF
SUBTITLE 10 APPLICABLE TO DORCHESTER COUNTY, A LESSEE
MAY CATCH OYSTERS BY DREDGING ON LEASED OYSTER BOTTOMS
IN DORCHESTER COUNTY WATERS OF THE NANTICOKE RIVER.

(B) DREDGING LICENSE REQUIRED EXCEPT IN
WORCESTER COUNTY. - ANY LESSEE DESIRING TO CATCH
OYSTERS FROM HIS LEASED OYSTER BOTTOM BY DREDGE OR
HANDSCRAPE SHALL APPLY ANNUALLY TO THE DEPARTMENT FOR
A SPECIAL LICENSE, AND SHALL PAY A FEE OF $15.
HOWEVER, A SPECIAL LICENSE IS NOT REQUIRED IN
WORCESTER COUNTY.

REVISOR'S NOTE: Subsection (a) presently appears
as Article 66C, section 708(u) of the Code.
The reference to "holder of any submerged
area" is proposed for deletion because this
phrase is synonymous with "lessee". The
provision prohibiting the use of any device
other than tongs or patent tongs in
Wicomico County is proposed for deletion.
Article 66C, section 708 of the Code,
appearing as section 4-1117 of the revised
Code, enacted in 1968, supersedes this
provision by permitting power dredging in
Wicomico County.

In addition, the provision requiring the
Code user to disregard other provisions of
the subsection relating to dredging is
proposed for deletion, and a reference to
the dredging provisions of subtitle 10 is
substituted therefor. The last paragraph
of the present subsection is proposed for
deletion in light of the Bruce decision.

Subsection (b) presently appears as Article
66C, section 708 (v) of the Code. New
language has been added to indicate that
this license for dredging on leased areas
is a distinct document from that under
proposed section 4—1004 of the revised
Code.

The only other changes made are in style.

4-1117. POWER DREDGING ON LEASED AREAS IN WICOMICO
COUNTY; LICENSE REQUIREMENTS AND PROCEDURES.