MARVIN MANDEL, Governor                                      687

This subsection presently appears as

Article 66C, section 696(g) of the Code. The verb
"take" and other verbs connoting catching or talcing
are proposed for deletion throughout this subtitle in
light of the definition of catch appearing in section
4—101(b). The only other changes made are in style.

(C)    "CHESAPEAKE BAY" MEANS THE WATERS, COMMONLY
KNOWN AS THE CHESAPEAKE BAY AS DEFINED BY THE CHARTS
OF THE OYSTER SURVEY OF 1906 TO 1912, AND ITS
AMENDMENTS.

REVISOR'S NOTE: This subsection is new language
derived from Article 66C, section 696(j) of
the Code. A similar definition appears in
subtitle 11. The provision indicating that
the Chesapeake Bay includes only those
waters lying outside the territorial limits
of any county is proposed for deletion. As
a result of the Bruce decision, a
delineation between the waters of the
Chesapeake Bay and the county waters is no
longer needed. Prior to Bruce this
distinction was necessary because all state
residents could fish in the Chesapeake Bay,
as defined by the present Code, while only
county residents could fish in the county
waters.

New language is added indicating that the
Oyster Survey should be interpreted in
light of any amendments to the charts added
as a result of resurveys conducted under
the authority of subtitle 11 and court
decisions.

(D)    "COUNTY WATERS" MEANS THE WATERS LYING
WITHIN THE TERRITORIAL LIMITS OF ANY COUNTY IN THE
STATE AS DEFINED BY THE CHARTS OF THE OYSTER SURVEY OF
1906 TO 1912, AND ITS AMENDMENTS.

REVISOR'S NOTE: This subsection is new language
derived from Article 66C, section 696(1) of
the Code. A similar definition appears in
subtitle 11. Despite the implication of
the Bruce decision, this definition is
retained because some sections of the
revised Code, not relating to residency,
refer to county waters.

(E)     "DIVING APPARATUS" MEANS ANY DIVING