Theodore R. McKeldin, Governor 1397
funnel mouth, round mouth, or square mouth, with head above water,
shall be construed as a pound net. Any person or persons using a net
in violation of this provision shall be fined not less than Ten Dollars
nor more than One Hundred Dollars for each offense, and such net
or nets shall be forfeited to the State of Maryland.
303. The use of any beam trawl, trammel net, troll net or any
similar device is absolutely prohibited in the waters of the Potomac
River or any of its tributaries. Any person, firm or corporation
violating the provisions of this section shall on conviction thereof
before any Justice of the Peace of any county of this State most
accessible, forfeit said net or nets, or device, together with all boats,
vessels and tackle used in the violation of this section and be fined
a sum of not less than Fifty Dollars and not more than One Hundred
Dollars, or to be subject to both fine and forfeiture, in the discretion
of the Justice of the Peace trying the case. Provided, however, that
nothing in this section shall be construed, in any manner, to prohibit
the catching of fish through the method of seine hauling and pound
net or gill net fishing as heretofore permitted, by license or other-
wise, under the laws of the State of Maryland.
304. All offenses committed against the provisions of Sections
301-302 and 304 307 by persons not citizens and residents of either
State 304-306 may be punished by any of the magistrates or courts of
[either] the State of Maryland having criminal jurisdiction.
The authorities of [either] this State shall have the right to ex-
amine into the right of any person taking fish, oysters or crabs in
the Potomac River, or having same in his possession; and any person
taking fish, oysters or crabs in the Potomac River or having same in
his possession shall exhibit his authority for so doing whenever re-
quired by the police or other legal authority of [either] this State.
The legal authorities of [either] this State shall have the right to
arrest any such offender, and, if necessary in order to arrest, shall
pursue such offender beyond the boundary line of [either] this
State upon navigable waters, and arrest such offender whenever
found upon such waters.
306. If any oyster inspector or other officer empowered with the
duties of enforcing the provisions of Sections 301-302 and 304-307,
knowingly fail to report violations of the same or to perform any
of the duties herein required of him, he shall, for every such offense,
be liable to a fine of One Hundred Dollars, to be applied to the oyster
fund of [his] this State.
[307. Nothing in Sections 301-302 and 304-307 shall be construed
in any way to impair, alter or abridge any rights which either State,
or the citizens thereof, may be entitled to, either by, through, under
or against the compact entered into between the States of Maryland
and Virginia on March 28th, 1785.]
[310. Nothing in Section 308 shall be construed in any way to
impair, alter or abridge any rights which either State, or the citizens
thereof may be entitled to, either by, through, under or against the
compact entered into between the States of Maryland and Virginia
on March 28th, 1785.]
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