HARRY HUGHES, Governor

1667

FOR the purpose of repealing the provisions relating to the
minimum size of surf clams; authorizing the Department
of Natural Resources to establish the size limits and
open and close areas for harvesting surf clams; and
providing, for a public hearing on such actions, except
where a hearing on a substantially similar proposal has
already been held in the State by a federal management
agency with certain notice.

BY repealing

Article - Natural Resources

Section 4-1042

Annotated Code of Maryland

(1974 Volume and 1981 Supplement)

BY repealing and reenacting, with amendments,

Article - Natural Resources

Section 4-1043

Annotated Code of Maryland

(1974 Volume and 1981 Supplement)

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

Article - Natural Resources

[4-1042.

A person may not catch or land a quantity of surf clams
if, per bushel, more than 10 percent of the clams measure
less than 4.5 inches along the longest axis of the shell.]

4-1043.

[For management purposes, the] THE Department may
ESTABLISH SIZE LIMITS AND open and close areas for
harvesting of surf clams. The Department shall publish a
notice of its proposal to open or close an area OR CHANGE
SIZE LIMITS at least 30 days before the effective date of
the proposal and shall hold a public hearing on the proposal
at least 15 days before the effective date[.] UNLESS A
PUBLIC HEARING ON A SUBSTANTIALLY SIMILAR PROPOSAL HAS BEEN
CONDUCTED IN THE STATE BY A FEDERAL MANAGEMENT AUTHORITY
WITH NOTICE ADVERTISED BY THE DEPARTMENT AS REQUIRED BY THIS
SECTION. The notice shall include the time and place of
[the] ANY hearing and shall be published in at least one
newspaper of general circulation in the State and at least
one newspaper of general circulation in Worcester County.