2674

LAWS OF MARYLAND

Ch. 533

Article - Natural Resources

Section 4-1015(a)

Annotated Code of Maryland

(1983 Replacement Volume and 1984 Supplement)

BY repealing and reenacting, with amendments,

Article - Natural Resources

Section 4-1015(a) and 4-1015.1(a)

Annotated Code of Maryland

(1983 Replacement Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

4-1015.

(a) A person who catches oysters from the waters of the
State with any scoop, dredge, tong, rake, or any similar
instrument 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 3
inches in length from hinge to bill IN DISTANCE BETWEEN ITS
LONGEST OR WIDEST POINTS, whether or not attached to a marketable
oyster, shall be included in the culling and replaced on the bar
from which caught. The Department by rule may permit the
possession of marketable oysters to which nonmarketable oysters
adhere so closely that it is impossible to remove them without
destroying the smaller oyster. Oyster culling shall be completed
before any oyster is thrown or deposited in the hold or bottom of
any boat.

4-1015.1.

(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]
3 inches in length from hinge to bill IN DISTANCE BETWEEN ITS
LONGEST OR WIDEST POINTS, 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.

(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] 3 inches from hinge to bill BETWEEN ITS LONGEST OR