74 LAWS OF MARYLAND. [CH. 22

as dredging territory by the provisions of Section 6 or Sec-
tion 7 of this Article shall be reserved for tongers exclu-
sively; and it shall be unlawful for the owner, captain or
master of any boat, or any member of the crew of any boat,
to take or catch oysters by scoop, scrape or dredge, or to
attempt or conspire to take oysters by scoop, scrape or
dredge, from any of the submerged lands of this State re-
served for tongers exclusively, or from any submerged lands
closed by any regulation or order of the Department of Tide-
water Fisheries; provided, however, this sub-section (e) shall
not apply to the taking of seed oysters under the surveillance
and with the permission of the Department of Tidewater
Fisheries.

SEC. 3. And be it further enacted, That a new sub-section
be and the same hereby is added to Section 16 of Article 72
of the Annotated Code of Maryland (1939 Edition), title
"Oysters and Clams", as said Section was enacted by Chap-
ter 929 of the Acts of 1945, said new sub-section to be known
as Sub-section 16(c-l), to follow immediately after Sub-sec-
tion 16(c), as amended by Chapter 604 of the Acts of 1947,
and to read as follows:

16(c-l). Any one violating any of the provisions of Sec-
tion 5A of this Article shall be guilty of a misdemeanor
and, and upon conviction thereof, shall be fined not less
than |500 nor more than $1, 000, and, in the discretion of
the court, may also be imprisoned in the House of Correc-
tion for a period of not more than one year, or may be both
fined and imprisoned. In addition to such fine or imprison-
ment, any court having jurisdiction to try violations of Sec-
tion 5A may enter an order declaring the boat and all of
its cargo, tackle, gear and equipment forfeited to the State
of Maryland, the same to be delivered to the Department of
Tidewater Fisheries for such disposition thereof as may, in
the opinion of said Department, be most advantageous to
the State. If a boat be seized for being used to violate Sec-
tion 5A and the crew or any member thereof escape arrest,
it shall be mandatory upon the court having jurisdiction of
said* violation, at the petition of the Department and upon
satisfactory proof that the boat was being used for said
violation, to enter an order declaring the boat and all of its
cargo, tackle, gear and equipment forfeited to the State of
Maryland, the same to be delivered to the Department of
Tidewater Fisheries for such disposition thereof as may, in
the opinion of said Department, be most advantageous to
the State.

SEC, 4. And be it further enacted, That this Act is here-
by declared to be an emergency measure and necessary for
the immediate preservation of the public health and safety