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Ch. 3 60
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1166
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LAWS OF MARYLAND
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CHAPTER 360
(Senate Bill 807)
AN ACT concerning
Oysters - Leased Oyster Bottoms
FOR the purpose of prohibiting certain persons from catching
oysters on certain leased oyster beds that do not have
stakes, buoys, or markers at certain places; requiring the
Natural Resources Police to prevent certain persons from
operating or catching oysters in these leased oyster beds
that are not marked in a certain way; and repealing certain
provisions of law relating to trespass on certain unmarked
leased oyster beds.
BY repealing and reenacting, with amendments,
Article - Natural Resources
Section 4-1113
Annotated Code of Maryland
(1974 Volume and 1982 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Natural Resources
4-1113.
(A) Immediately upon entering into a lease, every lessee
shall designate leased oyster bottoms by plainly marking them
with stakes, buoys, or monuments, under the supervision of the
Department. The initials of the lessee shall be marked on at
least four stakes, buoys, or monuments. The lessee shall
exercise reasonable diligence in maintaining buoys, stakes, or
monuments but the temporary loss or destruction of any buoys,
stakes, or monuments shall not operate to permit any unauthorized
person to trespass on or remove, destroy, or disturb oysters on
any areas. [However, in any action at law involving an alleged
trespasser on a leased oyster bottom where stakes, buoys, or
monuments have been removed, lost, or destroyed, 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.]
(B) IF ANY LEASED OYSTER BED DOES NOT HAVE STAKES, BUOYS,
OR MONUMENTS AT THE 4 CORNERS OF THE BED, A PERSON, INCLUDING THE
LESSEE, MAY NOT CATCH OYSTERS FROM THE BED. IF THE STAKES,
BUOYS, OR MARKERS ARE NOT IN ORDER ON ANY LEASED OYSTER BED, THE
NATURAL RESOURCES POLICE HAVE A DUTY NOT TO ALLOW A PERSON TO
OPERATE OR CATCH OYSTERS IN THE BED UNTIL THE STATE MAKES A
PROPER SURVEY OF THE BED. CORNER MARKERS ARE REPLACED.
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