MARVIN MANDEL, Governor                                 755

SHELLFISH MAY BE DREDGED ON RIPARIAN GROUNDS BY THE
RIPARIAN OWNER BY ANY MEANS IN ANY CREEK, COVE, OR

INLET.

(E) EXCLUSIVE RIGHT OF WHARF OWNER TO GROW AND

HARVEST SHELLFISH.--THE   OWNER OF ANY WHARF OR OTHER

STRUCTURE CONSTRUCTED ON     OR ABOUT THE WATER AND

APPROVED BY THE CORPS     OF ENGINEERS, SHALL HAVE

EXCLUSIVE USE, FOR THE     PURPOSE OF GROWING AND

HARVESTING SHELLFISH, OF   THE AREA BELOW HIS WHARF OR
STRUCTURE.

REVISOR'S NOTE: Subsection (a) presently appears
as Article 66C, section 708(aa) of the
Code. The initial provisions of this
subsection are proposed for deletion as
superfluous because the essence of these
sections is that a riparian owner has the
exclusive use of a creek, cove, or inlet if
its mouth is less than 100 yards at low
water. The phrase "bedding or sowing" is
proposed for deletion because these two
verbs connote the same act as "depositing",
according to the department.

Subsection (b) presently appears as Article
66C, section 698(i) (2), of the Code and set
forth here for organizational purposes.

The only other changes made are in style.

SUBTITLE 12. PENALTIES AND FINES, SEARCHES, SEIZURES
AND FORFEITURES [[, AND SEVERABILITY]].

4-1201. PENALTIES.

(A) PENALTY FOR FIRST OFFENSE. - ANY PERSON WHO
VIOLATES ANY PROVISION OF THIS TITLE IS GUILTY OF A
MISDEMEANOR. UNLESS ANOTHER PENALTY IS SPECIFICALLY
PROVIDED ELSEWHERE IN THIS TITLE, THE PERSON, UPON
CONVICTION, IS SUBJECT TO A FINE NOT EXCEEDING $500,
OR IMPRISONMENT NOT EXCEEDING THREE MONTHS, OR BOTH,
WITH COSTS IMPOSED IN THE DISCRETION OF THE COURT.

(E) PENALTY FOR SECOND OR SUBSEQUENT OFFENSE. -
UNLESS ANOTHER PENALTY IS SPECIFICALLY PROVIDED
ELSEWHERE IN THIS TITLE, ANY PERSON FOUND GUILTY OF A
SECOND OR SUBSEQUENT VIOLATION OF ANY PROVISION OF
THIS TITLE IS SUBJECT TO A FINE NOT EXCEEDING $1,000,
OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH, WITH
COSTS IMPOSED IN THE DISCRETION OF THE COURT. FOR THE