1350

LAWS OF MARYLAND

Ch. 415

FOR the purpose of deleting the requirement for an
independent environmental impact study by a certain
organization with the concurrence of the AELR Committee
of the General Assembly before reclassification of
submerged areas of the State to clam bars; and
requiring the Department of Natural Resources to
perform this study based on certain information; and
requiring the Department to carry out a certain study
for certain counties, in cooperation with qualified
scientific organizations.

BY repealing and reenacting, with amendments,

Article - Natural Resources
Section 4-1102(a)
Annotated Code of Maryland
(1974 Volume and 1979 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Natural Resources

4-1102.

(a) (1) The Department may resurvey any submerged area
of the State to determine the position and extent of any
natural oyster or clam bar and barren bottom. If the
Department finds, upon resurvey, that any natural oyster or
clam bar is located incorrectly on existing charts, or that
the existing charts do not reflect the actual condition of
submerged lands, the Department shall amend the existing
charts or prepare new charts. In addition, the Department
shall mark as accurately as possible the correct location
and bounds of each natural oyster or clam bar, then existing
in the area being surveyed, on any amended or new chart.

(2) A reclassification of submerged areas of the
State to clam bars may not be made unless an environmental
impact study indicates that a hydraulic clam dredge will not
impair the bottom or adversely affect other marine life.
[The environmental impact study shall be performed by an
independent professional organization to be selected by the
Department, with the concurrence of the Joint Standing
Committee on Administrative, Executive, and Legislative
Review of the General Assembly.] THE DEPARTMENT SHALL
PERFORM THE ENVIRONMENTAL IMPACT STUDY BASED ON SURVEY DATA,
PUBLIC HEARINGS, AND OTHER AVAILABLE INFORMATION. AN INITIAL
ENVIRONMENTAL IMPACT STUDY SHALL BE CARRIED OUT BY THE
DEPARTMENT, IN COOPERATION WITH QUALIFIED SCIENTIFIC
ORGANIZATIONS, FOR RECLASSIFICATION ACTIONS AT SITES IN THE
WATERS OF ANNE ARUNDEL, CALVERT, KENT, QUEEN ANNE'S, AND ST.
MARY'S COUNTIES TO EVALUATE THE ENVIRONMENTAL IMPACT OF
HYDRAULIC CLAM DREDGING.