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646 LAWS OF MARYLAND [Ch. 4
stakes. In sub-paragraphs (1) , (8) , and
(9) the Legislative Council added new
language to clarify the location of the
points intended.
Subsection (g) presently appears as Article
66C, section 264(d) of the Code.
Subsection (h) presently appears as Article
66C, section 264(g). The penalty provision
is retained since it creates a penalty
greater than that in the uniform penalty
provision in this title.
The only other changes made are in style.
4-712. BIGHTS OF RIPARIAN OWNER RELATING TO NETS OR
HAUL SEINES.
(A) RIPARIAN OWNER FIRST ENTITLED TO SET NETS;
EXCEPTIONS. - THE OWNER, TENANT, OR LESSEE OF ANY
PROPERTY BORDERING ON TIDAL WATERS OF THE TRIBUTARIES
OF THE CHESAPEAKE BAY, EXCEPT THE WATERS OF THE GREAT
CHOPTANK RIVER, LYING IN THE STATE, BY VIRTUE OF HIS
OWNERSHIP OR OCCUPANCY, MAY MAKE FIRST CHOICE OF THE
SET OR POSITION TO PLACE NETS OR ESTABLISH A HAUL
SEINE FISHERY TO CATCH FISH FOR COMMERCIAL USE IN
FRONT OF THE PROPERTY FOR WHICH HE POSSESSES RIPARIAN
RIGHTS., THE SECTION DOES NOT PERMIT ANY RIPARIAN
OWNER OR ANYONE ACQUIRING THE RIGHT OF A RIPARIAN
OWNER TO FISH WITH NETS OR SEINE IN ANY MANNER
PROHIBITED BY THIS SUBTITLE.
(B) OTHER PERSONS AUTHORIZED TO SET NETS UNDER
CERTAIN CIRCUMSTANCES.— IN ANY YEAR, ANY OTHER PERSON
MAY SET ANY NET OR HAUL SEINE IN FRONT OF THE PROPERTY
OF A RIPARIAN PROPERTY OWNER IF THE OWNER, TENANT, OR
LESSEE OF THE RIPARIAN RIGHTS DOES NOT EXERCISE THE
PRIVILEGE OF LOCATING THE POSITION WHERE HE DESIRES TO
SET HIS NETS OR HAUL SEINE WITHIN 20 DAYS AFTER
RECEIVING NOTICE FROM THE OTHER PERSON WHO DESIRES TO
LOCATE HIS NETS OR FISHERY IN FRONT OF THE RIPARIAN
OWNER'S PROPERTY.
(C) NOTICE REQUIREMENTS; EXCEPTIONS. - THE
NOTICE REQUIRED BY THIS SECTION SHALL BE MAILED TO THE
OWNER, TENANT, OR LESSEE OF THE SHORE PROPERTY. IF
THE NAME AND ADDRESS ARE UNKNOWN, THEN NOTICE SHALL BE
POSTED FOR 20 DAYS ON A BOARD FASTENED TO A STAKE
DRIVEN IN THE WATER DIRECTLY IN FRONT OF THE PROPERTY
AND WITHIN 300 FEET OF THE SHORE.
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