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2746 ARTICLE 72
If any boat or vessel shall be seen sailing on such reserved areas in the
same manner in which they sail to take or catch oysters with scoop, scrape,
drag or dredge or similar instrument, the said boat shall be pursued by an
officer authorized by this Section to. make arrest and if said boat or vessel
apprehended by said officer shall be found to have on board any wet oysters
or, dredges or dredge lines or wet deck indicating the taking of oysters, at
said time and properly equipped f or taking or catching oysters in scoop,
scrape, drag or dredge or similar instrument such fact shall be deemed
prima facie evidence that said boat or vessel has been used in violation of
the provisions of this Section and it shall be the duty of the officer to arrest
the person in command of said boat or vessel together with all her equip-
ment and bring the same before a Judge or Justice of the Peace of the
County having jurisdiction, or if in the Chesapeake Bay in the County
most accessible or convenient.
An. Code, 1924, sec. 157. 1912, sec. 133. 1914, ch. 753. 1917, ch. 12, sec. 133.
160. Any resident of the State eligible to hold a dredger's or scraper's
license may make application to the Conservation Commission at its office
in Baltimore for a permit to catch and remove seed oysters, at any time
between March 15th and May 15th, or between September 15th and No-
vember 1st, in each year, from any bottoms not leased of the Chesapeake
Bay or tributaries in dredger's territory where an abundance of small
oysters may occur which in the opinion of the Commission would secure
better results by being transplanted. The Commission may issue such
permit, and shall describe therein the particular portion of said, bottoms
from which seed oysters are to be taken, and shall fix the manner and the
time for catching same. The person holding such permit shall transport
all seed oysters caught by him directly to such reserved areas within the
limits prescribed in Section 159, as may be designated by the Commission,
and there transplant same in the presence of a deputy commander of the
State Fishery Force, whose duty it shall be to see that such seed oysters
are transplanted in a proper manner and upon the designated areas. The
deputy commander shall thereupon issue a certificate to the person so
transplanting seed, oysters, which shall state as accurately as possible the
number of bushels transplanted, and shall be serially numbered and sub-
stantially in the form following:
.....................................19.....
I.hereby certify that Captain.......................... of the vessel
....................... has this day transplanted upon reserved area
located at..................... a cargo of seed oysters estimated to
contain................. bushels.
Deputy Commander.
A duplicate of each certificate so issued shall be forwarded by the deputy
commander to the Comptroller of the State Treasury. The expense of
catching, removing and transplanting such seed oysters as herein author-
ized shall be borne by the person to whom such permit and certificate
shall have been issued, provided, however, that such expense, to be deter-
mined by the Commission but not to exceed ten cents per bushel, shall be
reimbursed to him, or his assigns, by the Comptroller, upon the preserva-
tion and surrender of his certificate, out of the "Conservation Fund,"
provided for by Section 162. The commander may act for any deputy
commander in the performance of the duties above mentioned.
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