ELR Citation: ELR 20277
No(s). 388 (Md. May 11, 1971)

A private oyster lease in an unrestricted area is not prohibited, despite testimony that the area was in fact a natural clam bar. Oyster leases are prohibited only where the area is surveyed and classified as a clam bar, or where the area is surveyed and classified as an oyster bar, or where evidence is introduced that it is an oyster bar and used as such. Plaintiff clammers urged a change in the classification of the area from natural oyster bar so they could use hydraulic clam dredges. The classification was changed to barren bottom open to lease. Private oyster leasing became possible when the clammers failed to utilize available appeal procedures to urge that the area be reclassified instead as natural clam bar.

Counsel for lease applicant Pickford:
Sidney S. Campen Jr.
Constable, Alexander & Daneker
123 North Washington Street
Easton, MD 21601
(301) 822-5240

Counsel for protestant clammers:
Robert C. Thompson
Maryland National Bank Building
Easton, MD 21601
(301) 822-0978