MARVIN MANDEL, Governor                                       725

(3)    WITHIN 50 FEET OF ANY BULKHEAD,
STRUCTURE, WHARF, PIER, OR FILING ERECTED IN, OVER, OR
UNDER THE WATERS OF THE STATE UNDER A PERMIT GRANTED
BY THE STATE OR FEDERAL GOVERNMENTS;

(4)   WITHIN 300 FEET OF ANY PRIVATE BATHING
BEACH RUNNING NOT MORE THAN 300 FEET ALONG THE SHORE
WHICH IS MARKED AS REQUIRED BY RULE AND REGULATION OR
WITHIN 1,000 FEET OF ANY PUBLIC BATHING BEACH FROM MAY
1 TO SEPTEMBER 30. HOWEVER, THE OWNER OR LESSEE OF A
SINGLE PROPERTY MAY NOT CLAIM PROTECTION FOR MORE THAN
ONE PRIVATE BATHING BEACH CONTIGUOUS TO THIS PROPERTY;

(5)    WITHIN 50 FEET OF THE MEAN HIGH
WATERMARK OF ANY SHORELINE IN CALVERT, QUEEN ANNE'S,
TALBOT, OR SOMERSET COUNTIES OR WITHIN 300 FEET IN
ANNE ARUNDEL, DORCHESTER, KENT, OR ST. MARY'S
COUNTIES;

(6)    THE WATERS OF THE CHOPTANK RIVER AND
ITS TRIBUTARIES EXCEPT AS PROVIDED IN SECTIONS
4-1038(A) AND 4-1039; BRANNOCK BAY; LITTLE CHOPTANK
RIVER; TAR BAY; HONGA RIVER; ALL WATERS EAST OF A LINE
RUNNING FROM THE MOST SOUTHERLY POINT OF HOLLAND
ISLAND TO HOLLAND ISLAND BAR LIGHT; ALL WATERS EAST OF
A LINE RUNNING FROM RICHLAND POINT TO OKAHANIKAN
POINT; ANY AREAS RESERVED BY THE DEPARTMENT FOR
PRODUCTION OF SEED OYSTERS.

REVISOR'S NOTE: This section presently appears as
Article 66C, section 713(c) of the Code.
The only changes made are in style.

4-1038. RESTRICTION ON CATCHING SOFT-SHELL CLAMS BY
HYDRAULIC DREDGE IN CERTAIN COUNTIES; CHARLES AND
WICOMICO COUNTIES.

(A) HYDRAULIC CLAM DREDGING IN CERTAIN COUNTIES.
- EXCEPT AS PROVIDED IN §4-1039, A PERSON MAY NOT
CATCH SOFT-SHELL CLAMS BY HYDRAULIC CLAM DREDGE IN THE
FOLLOWING WATERS:

(1) ANNE ARUNDEL COUNTY. -

(I)   WITHIN 500 FEET OF ANY SEA NETTLE NET;

(II)   WITHIN 800 FEET OF ANY PUBLIC BATHING
BEACH BETWEEN SAUNDERS AND DUTCHMAN'S POINT, IF THE
BEACH IS HARKED AS REQUIRED BY RULE OR REGULATION AND
THE PUBLIC USES THE BEACH FOR BATHING;