Theodore R. McKeldin, Governor 1399
any other purpose than for planting in the waters of Maryland [or
Virginia].
(j) Issuance of the Permit. After receiving an application,
inspecting the boat, and hearing the oath as provided in the three
sub sections immediately preceding, if the boat and the master and
owner of said boat conform with the requirements hereinbefore set
forth, the officer shall issue a permit to the master or owner of
the said boat, for buying and carrying seed oysters from the
Potomac River. A memorandum of the permit shall then be sent to
the Department of Tidewater Fisheries [, if the officer issuing the
same be an officer of the State of Maryland, or to the Commission
of Fisheries, if the officer issuing the same be an officer of the
Commonwealth of Virginia].
(m) Jurisdiction of Maryland and Virginia Courts. Any person
not a citizen of either Maryland or Virginia deemed guilty of vio-
lating any of the provisions of this section may be tried and punished
in [either] this State by the magistrates or courts having legal
cognizance of such offenses.
(D) IT SHALL BE LAWFUL FOR ANY CITIZEN OF THE
STATE OF MARYLAND OR OF THE COMMONWEALTH
OF VIRGINIA, DULY LICENSED AS PROVIDED IN
THE PRECEDING SUB-SECTION, TO TAKE OR CATCH
OYSTERS FROM THE POTOMAC RIVER WITH ORDI-
NARY SHAFT TONGS, AND BY NO OTHER MEANS.
IT SHALL BE UNLAWFUL FOR THE OWNER, CAPTAIN OR
MASTER, OR ANY MEMBER OF THE CREW OF ANY BOAT
CAPABLE OF SELF-PROPULSION BY ANY MOTOR, TURBINE
OR OTHER ENGINE ATTACHED TO SAID BOAT, TO HAVE
ON BOARD SUCH BOAT, OR IN TOW, OR TO PERMIT ON
BOARD OR IN TOW, ANY SCOOP, SCRAPE, DREDGE OR
SIMILAR INSTRUMENT USED IN DREDGING, OR ANY
WINCH, SPOOL, WINDER OR OTHER TACKLE USED IN
DREDGING, UNLESS SAID BOAT BE LICENSED TO DREDGE
ON LEASED LAND, OR UNLESS SAID BOAT BE ENGAGED
IN TAKING SEED OYSTERS UNDER THE SURVEILLANCE
AND WITH THE PERMISSION OF THE DEPARTMENT OF
TIDEWATER FISHERIES.
(D) IT SHALL BE LAWFUL FOR ANY CITIZEN OF THE
STATE OF MARYLAND OR OF THE COMMONWEALTH
OF VIRGINIA, DULY LICENSED AS PROVIDED IN
THE PRECEDING SUB-SECTION, TO TAKE OR CATCH
OYSTERS FROM THE POTOMAC RIVER WITH ORDI-
NARY SHAFT TONGS, AND BY NO OTHER MEANS.
IT SHALL BE UNLAWFUL FOR THE OWNER, CAPTAIN OR
MASTER, OR ANY MEMBER OF THE CREW OF ANY BOAT
CAPABLE OF SELF-PROPULSION BY ANY MOTOR, TURBINE
OR OTHER ENGINE ATTACHED TO SAID BOAT, TO HAVE
ON BOARD SUCH BOAT, OR IN TOW, OR TO PERMIT ON
BOARD OR IN TOW, ANY SCOOP, SCRAPE, DREDGE OR
SIMILAR INSTRUMENT USED IN DREDGING, OR ANY
WINCH, SPOOL, WINDER OR OTHER TACKLE USED IN
DREDGING, UNLESS SAID BOAT BE LICENSED TO DREDGE
ON LEASED LAND, OR UNLESS SAID BOAT BE ENGAGED
IN TAKING SEED OYSTERS UNDER THE SURVEILLANCE
AND WITH THE PERMISSION OF THE DEPARTMENT OF
TIDEWATER FISHERIES.
(k) Fees for Issuance of the Seed Oyster Permit, Every officer
of the State of Maryland [or of the Commonwealth of Virginia]
issuing a permit as provided in the preceding sub sections shall be
entitled to a fee of twenty five cents (25¢) for the issue of each permit.
(1) Powers of Maryland [and Virginia] Officers. It shall be the
duty of the officers of the Maryland Department of Tidewater
Fisheries [and of the Virginia Commission of Fisheries, or either
of them,] to apprehend and place under arrest any person found
violating any of the provisions of this section. In the enforcement
of the provisions of this section officers of [either] this State shall
be privileged to examine into the right of any person to take or
catch fish, oysters, or crabs in the Potomac River, and said officers
of [either] this State shall be privilege to pursue, to apprehend,
and to arrest upon the navigable waters beyond the boundary of
[either this State any person deemed guilty of violating any of the
provisions of this section.
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