3972

VETOES

(a) (1) Notwithstanding any other provision of this
subtitle or regulation promulgated thereunder, a person who
catches oysters from the waters of this State using any sort of
diving apparatus shall cull the oysters on the natural bar from
which they were caught, and return to the bar all shells, stones,
gravel, and slag. Any oyster whose shell measures less than [4]
3 inches in length from hinge to bill IN DISTANCE BETWEEN ITS
LONGEST OR WIDEST POINTS, whether or not attached to a marketable
oyster, shall be included in the culling and replaced on the bar
from which caught. Oyster culling shall be completed before any
oyster is thrown or deposited in the hold or bottom of any boat.

(2) After culling and placing in the hold or bottom
of a boat, a diver's possession of oysters may not include a
combined total of more than 5 percent of oysters which measure
less than. [4] 3 inches from hinge to bill BETWEEN ITS LONGEST OR
WIDEST POINTS, and cultch consisting of shells, stones, gravel,
and slag. In ascertaining this percentage the Department shall
select by random sample an amount of oysters from any pile, hold,
bin, house, or place as deemed proper and require it to be culled
and disposed of, as provided by this section. All small oysters
and cultch that adhere to marketable oysters shall be separated,
and the marketable oysters shall be excluded from any measurement
of small oysters and cultch. However, a person may possess
marketable oysters that have undersized oysters or spat less than
1 inch in length from hinge to bill IN DISTANCE BETWEEN THEIR
LONGEST OR WIDEST POINTS attached to them that cannot be
separated without destroying the small oyster.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

May 28, 1985
The Honorable Benjamin L. Cardin
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed House Bill 566.

This bill alters the number of circuit court judgeships in
the Sixth (Montgomery County portion) and Seventh (Prince
George's County portion) judicial circuits.