2254

VETOES

the Secretary of Natural Resources, creates more problems
than it solves. In the words of the Attorney General:

The bill amends Sec. 4—1015(b) of the Natural Resources
Article, which provides that not more than 5% of
oysters which have been culled and placed in the bottom
of a boat may consist of undersized oysters and cultch.
The bill was introduced as a departmental bill as a
result of a lawsuit alleging that the current law
creates an unconstitutional presumption concerning the
violation of this provision. Current law also provides
that "a person may not possess more than 10 marketable
oysters per bushel that have undersized oysters or spat
attached to them that cannot be separated without
destroying the small oysters." This provision has been
amended so that it rather anomalously makes it unlawful
to possess more than "15 marketable oysters" which are
undersized and cannot be separated from other oysters.
To refer to an undersized "marketable oyster" is, of
course, a contradiction in terms. The intent may have
been to permit the possession of up to 15 undersized
oysters which have inseparable, marketable oysters
attached to them. However, this is not accomplished by
the language of the bill. Moreover, we would point out
that the provision on the possession of more than 15
marketable oysters which are undersized is not properly
reflected in the title as required by Article III,
Section 29 of the State Constitution.

For these reasons I have decided to veto Senate Bill
1056.

Sincerely,
Harry Hughes
Governor

Senate Bill 1096

AN ACT concerning

Soil Conservation Committee - Compensation

FOR the purpose of providing for a per diem allowance for
the chairman and members of the soil conservation

committee.

May 29, 1979

Honorable James Clark, Jr.
President of the Senate