MARVIN MANDEL, Governor                                 607

DISCRETION OF THE COURT.

REVISOR'S NOTE: This section presently appears as
Article 66C, section 263(d) of the Code, as
amended by Chapter 469, S.B. 1045, Acts of
1973. It is placed in this subtitle
because the provisions refer to waters of
the State whether tidal or nontidal. The
other subsections of section 263 refer to
tidal waters and therefore appear in
subtitle 7 of this title.

The penalty provision is retained because
it is distinct from the uniform penalty
section of the title to the extent that the
possible fine and incarceration are
greater. The only other changes made are
in style.

4-510. USE OF SPEARGUN PROHIBITED.

A PERSON MAY [ONLY]] FISH WITH A SPEARGUN AND
SPEAR IN THE WATERS OF THE STATE ONLY UNDER THE RULES
AND REGULATIONS, AND CONTROL OF THE DEPARTMENT. A
SPEARGON AS USED IN THIS SECTION MEANS ANY TYPE OF
DEVICE USED FOR PROPELLING A SPEAR UNDERWATER BY ANY
MEANS OTHER THAN MANUAL IN ORDER TO CATCH FISH.

REVISOR'S NOTE: This section presently appears as
Article 66C, section 319b of the Code. It
is set forth here for organizational
purposes. The word "only" has been added
to indicate that spearfishing is lawful if
pursuant to control of the department. The
specific reference to means of propelling a
spear is proposed for deletion and
substituted by broader language to cover
new methods developed such as use of a CO2
cartridge.

Present subsection (b) is proposed for
deletion in light of the uniform penalty
provision of this title. Present
subsection (c) also is proposed for
deletion as redundant. The addition of the
word "only" in the revised section means
that any other use of a speargun is
illegal.

The only other changes made are in style.