698 LAWS OF MARYLAND [Ch. 4
IN EXCESS OF LIMIT PROHIBITED; EXCESS OYSTERS BECOME
STATE PROPERTY.
(A) CATCHING OYSTERS ON NATURAL OYSTER
BARS.—DURING THE CLOSED SEASON FOR TAKING OYSTERS, A
PERSON MAY TAKE OYSTERS FROM THE NATURAL BARS OF THE
STATE MARKED BY THE DEPARTMENT FOR A PERIOD NOT
EXCEEDING ONE MONTH IN ANY YEAR, AT TIMES DESIGNATED
BY THE DEPARTMENT. THE OYSTERS SHALL BE TAKEN ONLY IN
ACCORDANCE WITH RULES AND REGULATIONS THE DEPARTMENT
PRESCRIBES, SOLD ONLY TO LESSEES OF PRIVATE OYSTER
GROUNDS, AND DELIVERED ONLY ON LEASED OYSTER BOTTOMS.
(B) SECRETARY MAY REGULATE CATCH LIMITS;
NOTICE.—THE SECRETARY MAY REESTABLISH BY RULE OR
REGULATION DAILY CATCH LIMITS ON THE QUANTITIES OF
OYSTERS WHICH MAY BE CAUGHT FROM THE NATURAL OYSTER
BARS OF THE STATE, AND MAY AMEND THE DAILY CATCH
LIMITS TO CONSERVE THE PUBLIC OYSTER RESOURCE. NOTICE
OF THE ESTABLISHMENT OR AMENDMENT OF THESE CATCH
LIMITS SHALL BE GIVEN BY PUBLICATION OF NOTICE IN AT
LEAST ONE NEWSPAPER IN EACH COUNTY NOT LESS THAN ONE
WEEK PRIOR TO THE EFFECTIVE DATE.
(C) LANDING OR SELLING EXCESS OYSTERS
PROHIBITED; EXCEPTION.—A PERSON MAY NOT LAND, SELL,
OR ATTEMPT TO LAND OR SELL ON ANY DAY OYSTERS FROM THE
WATERS OF THE STATE EXCEEDING THE DAILY CATCH LIMIT
ESTABLISHED BY THE SECRETARY BY MORE THAN TEN PERCENT.
A LICENSED OYSTER BUYER OR DEALER MAY SELL OR ATTEMPT
TO SELL OYSTERS WHICH HE SHOWS WERE PURCHASED FROM
ANOTHER CATCHER.
(D) OYSTERS IN EXCESS OF CATCH LIMITS ARE STATE
PROPERTY.--ALL OYSTERS LANDED OR OFFERED FOR SALE ON
ANY DAY BY ANY PERSON LICENSED TO CATCH OYSTERS WHICH
ARE IN EXCESS OF THE DAILY CATCH LIMIT SHALL BECOME
THE PROPERTY OF THE STATE, AND PAYMENT SHALL BE MADE
DIRECTLY TO THE STATE BY THE BUYER OR RECEIVER OF THE
OYSTERS AT THE SAME PRICE PAID THE CATCHER FOR THE
BALANCE OF HIS CATCH. ALL FUNDS RECEIVED UNDER THIS
SUBSECTION SHALL BE DEPOSITED TO THE CREDIT OF THE
FISHERIES RESEARCH AND DEVELOPMENT FUND AND SHALL BE
USED FOR REPLETION OF THE NATURAL OYSTER BARS OF THE
STATE.
REVISOR'S NOTE: This section presently appears as
Article 66C, section 708 (x) of the Code.
The reference in the present section to
Chesapeake Bay is proposed for deletion and
"State" substituted therefor because the
|