Ch. 721                                          LAWS OF MARYLAND

to provide a certain notice to licensed oyster dealers by a
certain date; providing that a commercial oyster packer
licensed oyster dealer does not have to comply with the
provisions of this Act under certain circumstances;
providing for the effect of certain contracts entered into
before a certain date; providing for a certain right of the
State to purchase a certain amount of oyster shells taken
from certain State waters; providing for the taking of
oyster shells out of the State; providing for notice to and
payments by holders of oyster shells taken out of the State;
providing for return of oyster shells taken out of the State
under certain conditions; requiring the Department to
determine a fair market value for fresh oyster shells in a
certain manner; requiring the Department to pay a certain
amount for oyster shells; providing for certain tax credits
or incentives; prohibiting a person from selling oyster
shells for any purpose that is contrary to this Act;
providing for the validity of certain contracts; prohibiting
the taking or catching of certain oysters or shells for
certain purposes under certain circumstances; and generally
relating to the returning of oyster shells to the Chesapeake
Bay or its tributaries.

BY adding to

Article - Natural  Resources

Section 4-1019.2

Annotated Code of  Maryland

(1983 Replacement  Volume and 1987 Supplement)

Preamble

WHEREAS, Natural spatfall in the Maryland portion of the
Chesapeake Bay has declined to a level where oyster management
strategies of planting dredge shell and moving seed oysters
cannot alone provide a cost-effective supplement to the Maryland
oyster industry; and

WHEREAS, A decade and one-half of low spat set in
combination with a very high disease-induced mortality of oysters
during 1980, 1983, 1986, and 1987 has caused the resource to
reach a low density of harvestable oysters; and

WHEREAS, Existing management strategies need to be modified
to implement new techniques that can help increase future
harvests and strengthen the viability of the Maryland oyster
industry; and

WHEREAS, One management aspect should be pursued in the
conservation and wise utilization of all fresh oyster shell
harvested from the Maryland portion of the Chesapeake Bay since

- 4764 -