MARVIN MANDEL, Governor                                      753

purposes.

Subsection (c) presently appears as section
703A(e); subsection (d) presently appears
as section 703A(d).

Subsection (e) is new language derived from
article 66C, section 703A(f) of the Code.
Language consistent with the penalty
provisions in this title has been added.

Article 66C, section 703A (f) is proposed
for deletion in light of proposed
subsection (e) and the uniform penalty
provision of this title.

The only other changes made are in style.
4-1118. OTHER PROHIBITIONS.

(A)    CATCHING OR DESTROYING OYSTERS ON LEASED
OYSTER BOTTOMS. - A PERSON, OTHER THAN THE LESSEE, MAY
NOT WILLFULLY AND WITHOUT AUTHORITY CATCH OYSTERS ON
ANY LEASED OYSTER BOTTOM, OR WILLFULLY DESTROY OR
TRANSFER OYSTERS ON THIS LAND IN ANY MANNER.

(B)   ALTERING BUOYS, STAKES, AND MONUMENTS. - A
PERSON, OTHER THAN A LESSEE, MAY NOT REMOVE, ALTER, OR
TRANSFER ANY STAKE, BUOY, OR MONUMENT ON ANY LEASED
OYSTER BOTTOM. HOWEVER, IN ANY ACTION AT LAW WHERE A
TRESPASSER ON A LEASED OYSTER BOTTOM IS CHARGED WITH
LOSING OR DESTROYING BUOYS, STAKES, OR MONUMENTS, THE
COURT MAY NOT IMPOSE A PENALTY UPON THE VIOLATOR IF
THE COURT DETERMINES AS A FACT THAT THE TRESPASS WAS
UNINTENTIONAL AND WITHOUT KNOWLEDGE.

(C)    APPROPRIATION OF LAND WITHOUT LEASE. - A
PERSON, OTHER THAN A LESSEE OF LEASED OYSTER BOTTOMS,
OR A LESSEE, WHILE HE IS IN DEFAULT IN PAYMENT OF ANY
RENT OR FEE, MAY NOT USE FOR ANY PURPOSE ANY SUBMERGED
LAND OF THE STATE. HOWEVER, ANY PERSON MAY USE ANY
SUBMERGED LAND SUBJECT TO LEASE AND NOT ALREADY LEASED
FOR THE TEMPORARY BEDDING OF OYSTERS FOR A PERIOD NOT
EXCEEDING THREE MONTHS.

REVISOR'S NOTE: Subsection (a) presently appears
as Article 66C, section 708 (s) of the Code.
The phrase "take or remove" is proposed for
deletion. In light of the definition of
"catch" set forth in section 4-101 (b), the
latter verb is being used throughout this