3176                                        LAWS OF MARYLAND                                    Ch. 643

(b) (1) The action of the State Department of Health and
Mental Hygiene to restrict an area of water becomes effective
immediately upon giving formal notice of the action to the
Department. Notice also shall be given the appropriate governing
body and the committee of oystermen of any county affected by the
restriction.

(2)  The natural resources police force shall patrol
the area to warn watermen until public notice is given in
newspapers of general circulation in each of the counties whose
watermen work the restricted area normally. No arrests may be
made until the next work day following the day the notice
appeared unless the watermen fail to heed a warning of the
officers.

(3)  (I) IF THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE CLOSES ANY AREA TO THE CATCHING OF SHELLFISH UNDER THIS
SECTION, IN ADDITION TO THE NOTICE REQUIRED IN SUBSECTION (B)(1),
THE DEPARTMENT OF NATURAL RESOURCES SHALL MARK THE AREA SO THAT
THE AREA CAN BE SEEN FROM THE WATER.

(II) THE DEPARTMENT OF NATURAL RESOURCES SHALL
ADOPT RULES AND REGULATIONS TO PROVIDE FOR THE MARKING IN A PLAIN
AND VISIBLY OBVIOUS FASHION OF ANY AREA THAT IS CLOSED TO THE
CATCHING OF SHELLFISH BECAUSE OF POLLUTION. EVEN IN THE ABSENCE
OF SUCH MARKING DEVICES, A PERSON MAY NOT CATCH SHELLFISH IN A
RESTRICTED AREA AS DESIGNATED BY THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE IF NOTICE HAS BEEN GIVEN TO THE APPROPRIATE
GOVERNING BODY AND THE COMMITTEE OF WATERMEN OF ANY COUNTY
AFFECTED BY THE RESTRICTION.

4-1006.

(b) (1) A person may not catch oysters or clams on any area
closed by the Department of Health and Mental Hygiene due to
pollution.

(2)  However, oysters may be transplanted from areas
deemed polluted during the closed season in accordance with the
provisions of § 4-1009 and § 4-1106.

(3)  (I) IF THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE CLOSES ANY AREA TO THE CATCHING OF OYSTERS OR CLAMS UNDER
THIS SUBSECTION, IN ADDITION TO THE NOTICE REQUIRED IN SUBSECTION

(B)(1), THE DEPARTMENT OF NATURAL RESOURCES SHALL MARK THE AREA

SO THAT THE AREA CAN BE SEEN FROM THE WATER.

(II) THE DEPARTMENT OF NATURAL RESOURCES SHALL
ADOPT RULES AND REGULATIONS TO PROVIDE FOR THE MARKING IN A PLAIN
AND VISIBLY OBVIOUS FASHION OF ANY AREA THAT IS CLOSED TO THE
CATCHING OF OYSTERS OR CLAMS BECAUSE OF POLLUTION. EVEN IN THE
ABSENCE OF SUCH MARKING DEVICES, A PERSON MAY NOT CATCH OYSTERS
OR CLAMS IN A RESTRICTED AREA AS DESIGNATED BY THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE IF NOTICE HAS BEEN GIVEN TO THE