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MARVIN MANDEL, Governor 667
POUNDS OF STRIPED BASS ON ANY DAY FOR ANY PURPOSE
OTHER THAN SALE.
(B) PURCHASE OF STRIPED BASS. - A PERSON MAY NOT
KNOWINGLY BUY ANY STRIPED BASS CAUGHT FROM THE STATE
WATERS OF THE CHESAPEAKE BAY AND ITS TRIBUTARIES FROM
ANY PERSON EXCEPT THE LICENSED COMMERCIAL FISHERMAN
WHO CAUGHT THE FISH, OR A WHOLESALER OR RETAILER OF
FISH.
(C) SELLERS REQUIRED TO MAINTAIN RECORDS.-- ANY
PERSON WHO BUYS STRIPED BASS CAUGHT FROM STATE WATERS
OF THE CHESAPEAKE BAY AND ITS TRIBUTARIES FOR THE
PURPOSE OF RESALE SHALL MAINTAIN RECORDS SHOWING EVERY
PURCHASE MADE DURING THE PRECEEDING 90 DAY PERIOD, THE
DATE AND PLACE OF EACH PURCHASE, THE QUANTITY
PURCHASED, AND THE NAME OF THE PERSON FROM WHOM THE
FISH WERE PURCHASED.
(D) PENALTY FOR VIOLATION OF SECTION. - ANY
PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION IS
GUILTY OF A MISDEMEANOR AND UPON CONVICTION IS SUBJECT
TO A FINE OF AT LEAST $100 AND NOT EXCEEDING $1,000,
OR IMPRISONMENT FOR AT LEAST THREE MONTHS AND NOT
EXCEEDING SIX MONTHS, OR BOTH, WITH COSTS IMPOSED IN
THE DISCRETION OF THE COURT.
REVISOR'S NOTE: This section presently appears as
Article 66C, section 263A of the Code. In
subsection (a) the phrase "one of the
following" was included to clarify that the
seller or transporter must meet only one of
the requirements. Also, the scientific
name for rockfish is proposed for deletion
here and in subsequent subsections in light
of the fact that the scientific names of
fish change occasionally, according to the
Fisheries Administration.
In Subsection (d), the Legislative Council
added new language to make this a malum
inse crime rather than a malum prohibitum
crime under the present statute. The
average citizen has difficulty insuring
that no fish he purchases was taken from
the state waters of the Chesapeake Bay or
that its seller is either a licensed
commercial fisherman or a wholesaler or
retailer. The penalty provision of
subsection (d) is retained because it
exceeds the uniform penalty provision of
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