Marvin Mandel, Governor                         681

one hundred dollars ($100), or confined in jail not less than thirty
days nor more than six months, either or both, or if a tonger,
shall be fined not less than fifty dollars ($50) or confined in jail not
less than fifteen days nor more than three months, either or both. In
addition to such fines or imprisonment, any cargo, hold, bin, or lot of
oysters found unculled, or culled in violation of this section, shall be
confiscated and returned to some natural rock, bed or shoal of the
Potomac River under the supervision of the officer making the arrest.
Any boat containing unculled oysters or oysters culled in violation
of this section shall be held as security for the payment of any fine.
In case there is an appeal or a waiver of trial [before a magis-
trate or justice of the peace], the cargo, hold, bin, or lot of oysters
shall be held in the custody of the officer making the arrest until
the captain of the boat or the vendor or packer of oysters shall have
reculled said oysters; and the officer under whose supervision the re-
culling is done, shall give the offender a certificate showing the num-
ber of bushels of such unmarketable oysters and shells culled out
and returned to the natural rocks, beds, or shoals of the Potomac
River; and the costs of reculling and other expenses incident thereto
shall be borne by the offender.

§ 716. Fisheries Research and Development Fund.

All moneys received by the Comptroller of the treasury, under
the provisions of this subtitle, from license fees, taxes, fines, penalties,
and forfeitures, imposed by any circuit court or the Criminal Court
of Baltimore City, and all royalties paid to the State for oyster shells
and clam shells removed from bottoms beneath the tidal waters of
Maryland or any other source, shall be credited by said Comptroller
to the Fisheries Research and Development Fund. All other fines shall
be paid in accordance with Article 26 § 155. The Fisheries Research
and Development Fund shall be administered by the Department of
Chesapeake Bay Affairs and used for repletion of fisheries resources,
marketing of fisheries products, and related research. The Fish-
eries Research and Development Fund may be used to match federal
funds that may be or become available for research and development
of fisheries resources.

§ 717. Penalties.

(a) General provisions.—(1) Whenever the word "court" or
"courts" is used in this section it shall mean and include any circuit
court of the tidewater counties, the Criminal Court of Baltimore
[City], any [trial magistrate of the said counties or city, or any
justice of the peace] District Court having criminal jurisdiction in
any of the said tidewater counties, provided such court[, trial magis-
trate or justice of the peace] has jurisdiction over the alleged violator.

If the said violation occurred in any waters adjacent to and con-
tiguous with any tidewater county, the courts having jurisdiction in
the county where the violation occurred shall have jurisdiction
thereof.

When the word "person" is used in this section it shall have the
meaning defined in subsection (m) of § 696 of this subtitle.

[In all criminal proceedings arising from the violation of any of
the provisions of this subtitle the defendant shall have the right of