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Ch. 579
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LAWS OF MARYLAND
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1874
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(a) [In addition to any rules and regulations adopted by
the Department concerning the issuance of hydraulic clam dredge
licenses pursuant to the provisions of § 4-1004 (c), the] THE
Department shall adopt rules and regulations assuring!,] that A
TIDAL FISH LICENSE AUTHORIZES a person [holds] TO USE only one
hydraulic clam dredge [license and that he is not issued another
during the same issuing year if his license is revoked]. The
Department also shall adopt rules and regulations prohibiting a
[hydraulic clam dredge] licensee from operating a hydraulic clam
dredge owned by another person, or subject to a lien held by
another person, licensed under the provisions of this section,
unless the owner or lien holder was the owner of the hydraulic
clam dredge, as evidenced by Department records. However, the
Department may waive the prohibitions of this subsection when an
owner or lien holder is temporarily incapacitated and cannot
operate a hydraulic clam dredge. In any event, a [hydraulic clam
dredge] licensee may not operate a hydraulic clam dredge owned by
a person who owns or holds a lien on more than one hydraulic clam
dredge. The provisions of this subsection do not apply to Talbot
County.
(b) (1) The Department shall adopt rules and regulations
governing licensing of persons buying, selling, shipping,
transporting, or otherwise dealing in soft-shell clams, and the
methods by which they may do so. However, a license may not be
required to sell or dispose of clams in any retail market,
restaurant, or other establishment where clams are sold or served
for immediate use or consumption, when the clams are purchased
from a person possessing a dealer's or shipper's license. [The
fee for this license may not exceed $25 for a person who has
resided in the State for one year immediately preceding his
application for a license, or $100 for a nonresident.]
(2) The Department shall require any person licensed
to dredge for soft-shell clams or licensed pursuant to the
provisions of this subsection to maintain and submit records to
the Department.
(c) The Department may promulgate rules and regulations
relating to any aspect of the soft-shell clam fishery and shall
adopt rules and regulations governing:
(1) Measurement and structural details of a hydraulic
clam dredge,
(2) The number of hydraulic clam dredges which may be
carried on a vessel,
(3) The use of mufflers on motors or engines on
hydraulic clam dredges or on board boats carrying hydraulic clam
dredges,
(4) The establishment of limits on the number of
bushels which may be caught by a hydraulic clam dredge, or by a
boat carrying a hydraulic clam dredge,
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