1400                               Laws of Maryland                         [Ch. 770

(F) ALL OYSTERS TAKEN FROM THE NATURAL ROCKS,
BEDS OR SHOALS OF THE POTOMAC RIVER SHALL BE
CULLED AT THE POINT WHERE TAKEN, AND ALL OYSTERS
WHOSE SHELLS MEASURE LESS THAN THREE INCHES IN
LENGTH, MEASURED FROM HINGE TO MOUTH, WHETHER
ATTACHED TO A LARGER OYSTER OR NOT, SHALL BE RE-
TURNED, TOGETHER WITH ALL EMPTY SHELLS, TO THE
NATURAL ROCK, BED OR SHOAL WHENCE TAKEN. WHEN-
EVER ANY OYSTER MEASURING LESS THAN THREE
INCHES IN LENGTH ADHERES SO CLOSELY TO A LARGER
OYSTER AS TO RENDER REMOVAL IMPOSSIBLE WITHOUT
DESTROYING THE SMALLER OYSTER, THEN SUCH OYS-
TERS, INCLUDING THE LARGER OYSTER, SHALL BE RE-
TURNED TO THE ROCK, BED OR SHOAL WHENCE TAKEN.
ALL SHELLS AND ALL OYSTERS MEASURING LESS THAN
THREE INCHES IN LENGTH, ONCE PASSED THE CULLER,
SHALL BE CONSIDERED AS NOT HAVING BEEN CULLED;
AND IT SHALL BE UNLAWFUL FOR ANY PERSON TO TAKE,
BUY, SELL OR HAVE IN POSSESSION, ANY SHELLS OR
OYSTERS TAKEN FROM THE POTOMAC RIVER MEASURING
LESS THAN THREE INCHES IN LENGTH. WHENEVER ANY
INSPECTOR OR OTHER OFFICER SHALL HAVE REASON
TO BELIEVE THAT THIS SUB-SECTION HAS BEEN VIO-
LATED WITH RESPECT TO CULLING OF OYSTERS, SUCH
INSPECTOR OR OTHER OFFICER IS HEREBY AUTHORIZED
TO EXAMINE THE CARGO, HOLD, BIN, OR LOT OF OYSTERS,
AND IF SAID OYSTERS CONSIST OF FIVE PER CENT (5%)
OR MORE OF SHELLS AND OF OYSTERS WHOSE SHELLS
MEASURE LESS THAN THREE INCHES IN LENGTH, THE
PERSON IN CHARGE OF SUCH OYSTERS SHALL BE DEEMED
GUILTY OF VIOLATING THE PROVISIONS OF THIS SUB-
SECTION.

(n) Penalties. Any person found guilty of violating any of the
provisions of this section shall be deemed guilty of a misdemeanor
and shall be punished in the manner herein described, to wit:

1.   Any person found guilty of violating Sub-section (a) shall be
subject to a fine of Five Hundred Dollars ($500), and in addition
to such fine, any vessel with its equipment and cargo, and any gear
or appliance used in such violation shall be forfeited to the State
[or Commonwealth wherein the conviction occurred,] of Maryland
and shall be disposed of in any manner ordered by said State [or
Commonwealth].

2.   Any person found guilty of violating any of the provisions of
Sub-sections (b) and (c) shall be subject to the penalties of [the]
this State [or Commonwealth of which he is a citizen] for taking
or catching fish, oysters, or crabs without a license.

3.   Any person found guilty of violating Sub-section (d) of this
section shall be confined to the penitentiary for not less than one
year nor more than three years, or fined not less than One Hundred
Dollars ($100) nor more than One Thousand Dollars ($1,000), or
both imprisoned and fined, at the discretion of the court or jury
trying the case. In any prosecution against the master or com-
mander of a boat or any of his crew, or any person on board thereof,
proof that such a boat was equipped with scoop, scrape, dredge,