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Session Laws, 1963
Volume 671, Page 427   View pdf image (33K)
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J. MILLARD TAWES, Governor                      429

clam industry; the Commission of Tidewater Fisheries is hereby
authorized and directed to adopt and publish, immediately upon the
effective date of this section, or as soon as possible thereafter, and
from time to time add to, change, alter or completely revise or repeal
as it may deem necessary and advisable, all rules and regulations
which, pursuant to this section, shall govern the boat and the gear, as
well as the nature and size thereof, which lawfully may be used in
taking or catching soft shell clams with hydraulic, mechanical or
other dredge; the issuance, suspension and revocation of all licenses;
the collection of license fees and of an inspection tax; the areas of
operation, or the entire area, which may be opened and closed, and
reopened and reclosed as the Commission may deem necessary and
expedient; the methods of taking or catching soft shell clams; the
circumstances of their possession and their marketing; as the Com-
mission may judge to be necessary in the best interests of the State;
provided that it shall be unlawful to take or catch or attempt to
take or catch soft shell clams with a hydraulic or mechanical dredge
or with any other type gear upon any natural oyster bar as defined
in [the first paragraph of] Section 696 (i) of this article, and fur-
ther in the waters of St. Mary's County it shall also be unlawful
to take or catch, or attempt to take or catch, soft shell clams by
hydraulic or mechanical dredge:

(1)   Within 50 yards of any commercially productive oyster tong-
ing area denned on the charts of the Commission of Tidewater Fish-
eries, or as defined under Section 696 (i) of this article, or

(2)   Within 150 feet of any bulkhead, wharf or pier, constructed
or erected in, out in, over or under any of the waters of this State, or

(3)   Within 1,000 feet of any public bathing beach during the
months of May, June, July, August and September of any year, or

(4)   Within 100 yards of any private bathing beach during the
months of May, June, July, August and September; provided that
the private bathing beaches shall be staked and marked by the
owners thereof upon which shall be lettered "bathing beach" and the
owner's name of a readily discernible size, or as may be required
by any rule or regulation of the Commission of Tidewater Fisheries;
provided, however, that the linear measurement along the shore line
for the first such area shall not exceed a distance of 100 yards
for each landowner. In the event that there shall be more than
one such private bathing beach belonging to the same landowner or
one private bathing beach which extends for a distance of more
than 100 yards, the Commission of Tidewater Fisheries may, in
their discretion issue a numbered permit for more than one such
private beach or for an area in excess of 100 yards. Any extended
area or areas shall be marked and the areas designated as the Com-
mission of Tidewater Fisheries shall prescribe in its rules and
regulations, or

(5)   On Sunday, or between sunset and one-half hour after sun-
rise on any other day, or to land soft shell clams before sunrise or
later than one (1) hour after sunset, or

(6)   Within 100 yards of the mean low watermark of any shore
line.

(7)   Within 500 yards of any occupied duck blind, where decoys
are set out during the legal duck hunting season.

 

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Session Laws, 1963
Volume 671, Page 427   View pdf image (33K)
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