754 LAWS OF MARYLAND [Ch. 4
title wherever possible. "Remove" is
proposed for deletion because it connotes
the sane act as "transfer" which is used in
the subsequent provision of this subtitle.
The last provision of present section
708(s) is proposed for deletion since its
substance is set forth in proposed
subsection (b).
Subsection (b) is new language derived from
the last provision of section 708(s) and
the last paragraph of section 708(p).
Subsection (c) presently appears as Article
66C, section 708(t) of the Code. The
reference to "section", meaning section
708, is proposed for deletion and
"subtitle" substituted therefor due to the
fact that section 708 has been revised into
sections within this subtitle. The
provision stipulating that a person uses
these submerged areas "at his own risk" is
proposed for deletion as superfluous.
Nowhere does the State guarantee the safety
of persons using areas subject to lease.
The only other changes made are in style.
4-1119. EXCLUSIVE RIGHT OF RIPARIAN OR WHARF OWNER TO
CULTIVATE OYSTERS.
(A) EXCLUSIVE RIGHT OF RIPARIAN OWNER TO
CULTIVATE OYSTERS. - AN OWNER OR OTHER LAWFUL OCCUPANT
SHALL HAVE EXCLUSIVE RIGHT TO USE ANY CREEK, COVE, OR
INLET FOR PRESERVING OR DEPOSITING OYSTERS OR OTHER
SHELLFISH IF THE WATER SURFACE AT THE MOUTH OF THE
CREEK, COVE, OR INLET IS 300 FEET OR LESS IN WIDTH AT
MEAN LOW WATER. HOWEVER, THIS COVE, CREEK OR INLET
MAY NOT BE INCLUDED IN THE LINES OF ANY PATENT AND ALL
RIGHTS OF THE RIPARIAN PROPRIETOR SHALL EXTEND ONLY TO
THE MIDDLE OF THE CREEK, COVE, OR INLET. THIS
SUBSECTION IS NOT APPLICABLE WITHIN THE LIMITS OF
SOMERSET COUNTY. IN THE WATERS OF ST. MARY'S COUNTY,
THE RIPARIAN GROUNDS OF ANY CREEK, COVE, OR INLET
MEETING THE QUALIFICATIONS ENUMERATED ABOVE SHALL BE
CONSIDERED AND TREATED AS LEASED GROUNDS FOR ALL OF
THE PURPOSES OF SECTION 4-1116 OF THIS ARTICLE.
HOWEVER, ANY DREDGING LICENSE ISSUED UNDER SECTION
4-1116 SHALL BE ISSUED ONLY TO THE RIPARIAN OWNER FOR
THE PURPOSE OF DREDGING SHELLFISH ON HIS RIPARIAN
GROUNDS. IN THE WATERS OF DORCHESTER COUNTY,
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