MARVIN MANUEL, Governor 731
derived from a similar definition presently
set forth in Article 66C, section 708 (b) of
the Code, as amended by Chapter 331, H.B.
974, Acts of 1973.
(I) "NATURAL OYSTER BAR" MEANS ANY SUBMERGED
OYSTER BAR, REEF, ROCK, OR AREA REPRESENTED AS AN
OYSTER BAR ON THE CHARTS OF THE OYSTER SURVEY OF 1906
TO 1912, AND ITS AMENDMENTS, OR ANY AREA DECLARED BY
ANY CIRCUIT COURT TO BE A NATURAL OYSTER BAR, OR ANY
AREA ON WHICH THE DEPARTMENT PLANTS OYSTERS OR SHELLS.
A NATURAL OYSTER BAR ALSO MEANS ANY BAR BENEATH THE
WATERS OF THE STATE WHERE THE NATURAL GROWTH OF
OYSTERS ABOUNDS TO THE EXTENT THAT THE PUBLIC HAS
RESORTED TO THE BAR FOR A LIVELIHOOD, WHETHER
CONTINUOUSLY OR AT INTERVALS, DURING ANY OYSTER SEASON
WITHIN FIVE YEARS PRIOR TO THE FILING OF ANY
APPLICATION FOR A LEASE OF THE AREA IN QUESTION, OR
WITHIN FIVE YEARS PRIOR TO MAKING OF A RESURVEY UNDER
§ 4—1102. THE ACTUAL CONDITION OF THE AREA IN
QUESTION AT ANY TIME WITHIN THE FIVE-YEAR PERIOD SHALL
BE CONSIDERED IN DETERMINING WHETHER OR NOT THE AREA
IS A NATURAL OYSTER BAR.
REVISOR'S NOTE: This section presently appears as
Article 66C, section 696 (i) of the Code.
The second and third sentences of the
present subsection are proposed for
deletion because the substance of these
provisions appear in proposed section
4—1102 of the revised Code. The only other
changes made are in style.
(J) "PATENT TONGS" MEANS ANY PINCERS, NIPPERS,
TONGS, OR SIMILAR DEVICE USED TO CATCH OYSTERS OR
CLAMS AND RAISED WITH ROPE, CABLE, OR OTHER HOISTING
REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 696(b) of the Code.
New language is added to make this
definition applicable to clams since clams
are caught with patent tongs. The only
other changes made are in style.
(K) "SHINNECOCK RAKE" MEANS A HAND TOOL USED TO
CATCH HARD-SHELL CLAMS OR OYSTERS. IT USUALLY
CONSISTS OF A TOOTH BAR WITH PROJECTING LONG,
OUTWARDLY AND UPWARDLY CURVING TEETH WHICH ARE
PROGRESSIVELY SMALLER TOWARD THE ENDS, FORM A BASKET,
AND ARE SET TRANSVERSELY AT THE END OF A LONG, USUALLY