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Ch. 522
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1642
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LAWS OF MARYLAND
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(2) IF THE BOAT, AFTER A SEARCH, IS FOUND TO HAVE ON
BOARD ANY WET OYSTERS OR FISHING OR DIVING APPARATUS PROHIBITED
UNDER THIS SECTION, OR IF THE DECK IS WET AND THE BOAT IS
EQUIPPED FOR CATCHING OYSTERS, THESE FINDINGS SHALL CONSTITUTE
PRIMA FACIE EVIDENCE THAT THE BOAT HAS BEEN USED TO VIOLATE THE
PROVISIONS OF THIS SECTION.
4-1020.1 4-1015.1.
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(A) (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SUBTITLE OR REGULATION PROMULGATED THEREUNDER, A PERSON WHO
CATCHES OYSTERS FROM THE WATERS OF THIS STATE USING ANY SORT OF
DIVING APPARATUS SHALL CULL THE OYSTERS ON THE NATURAL BAR FROM
WHICH THEY WERE CAUGHT, AND RETURN TO THE BAR ALL SHELLS, STONES,
GRAVEL, AND SLAG. ANY OYSTER WHOSE SHELL MEASURES LESS THAN 4
INCHES IN LENGTH FROM HINGE TO BILL, WHETHER OR NOT ATTACHED TO
A MARKETABLE OYSTER, SHALL BE INCLUDED IN THE CULLING AND
REPLACED ON THE BAR FROM WHICH CAUGHT. OYSTER CULLING SHALL BE
COMPLETED BEFORE ANY OYSTER IS THROWN OR DEPOSITED IN THE HOLD OR
BOTTOM OF ANY BOAT.
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(2) AFTER CULLING AND PLACING IN THE HOLD OR BOTTOM
OF A BOAT, A DIVER'S POSSESSION OF OYSTERS MAY NOT INCLUDE A
COMBINED TOTAL OF MORE THAN 5 PERCENT OF OYSTERS WHICH MEASURE
LESS THAN 4 INCHES FROM HINGE TO BILL, AND CULTCH CONSISTING -OF
SHELLS, STONES, GRAVEL, AND SLAG. IN ASCERTAINING THIS
PERCENTAGE THE DEPARTMENT SHALL SELECT BY RANDOM SAMPLE AN AMOUNT
OF OYSTERS FROM ANY PILE, HOLD, BIN, HOUSE, OR PLACE AS DEEMED
PROPER AND REQUIRE IT TO BE CULLED AND DISPOSED OF, AS PROVIDED
BY THIS SECTION. ALL SMALL OYSTERS AND CULTCH THAT ADHERE TO
MARKETABLE OYSTERS SHALL BE SEPARATED, AND THE MARKETABLE OYSTERS
SHALL BE EXCLUDED FROM ANY MEASUREMENT OF SMALL OYSTERS AND
CULTCH. HOWEVER, A PERSON MAY POSSESS MARKETABLE OYSTERS THAT
HAVE UNDERSIZED OYSTERS OR SPAT LESS THAN 1 INCH IN LENGTH FROM
HINGE TO BILL ATTACHED TO THEM THAT CANNOT BE SEPARATED WITHOUT
DESTROYING THE SMALL OYSTER.
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(3) A DIVER MAY NOT TRANSPORT OR ATTEMPT TO TRANSPORT
OUTSIDE THE STATE OYSTERS MEASURING LESS THAN 4 INCHES IN LENGTH
FROM HINGE TO MOUTH REGARDLESS OF WHETHER THEY ARE CAUGHT ON THE
NATURAL BARS OF THE STATE OR FROM PRIVATE BEDS AND LOTS IN THE
STATE.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBTITLE OR
REGULATION PROMULGATED THEREUNDER PURSUANT TO THIS SUBTITLE,
THERE IS AN OYSTER BUSHEL LIMIT OF 30 BUSHELS PER BOAT FOR ANY
PERSON WHO CATCHES OYSTERS FROM THE WATERS OF THIS STATE USING
ANY SORT OF DIVING APPARATUS.
(C) ON OR AFTER JULY 1, 1983 AND BEFORE JULY 1, 1985
SEPTEMBER 30, 1983, THE DEPARTMENT SHALL BY RULE AND REGULATION
SET ASIDE CERTAIN WATERS OF THIS STATE TO BE USED EXCLUSIVELY BY
HAND TONGERS IN CATCHING OYSTERS. BEFORE ADOPTING THE
REGULATIONS IN THEIR FINAL FORM, THE DEPARTMENT SHALL CONSULT
EACH OF THE LOCAL HAND TONGER COMMITTEES.
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