HARRY HUGHES, Governor                                      2957

that the public has resorted to the bar for a livelihood, whether
continuously or at intervals, during any oyster season within
five years prior to the filing of any application for a lease of
the area in question, or within five years prior to making of a
resurvey under § 4-1102. The actual condition of the area in
question at any time within the five-year period shall be
considered in determining whether or not the area is a natural
oyster bar.

4-1118.

(a)  A person, other than the lessee, may not willfully and
without authority catch oysters on any leased oyster bottom, or
willfully destroy or transfer oysters on this land in any manner.

(b)  A person, other than a lessee, may not remove, alter,
transfer, or destroy any stake, buoy, or monument on any leased
oyster bottom.

(c)  A person, other than a lessee of leased oyster bottoms,
or a lessee, while he is in default in payment of any rent or
fee, may not use for any purpose any submerged land of the State.
However, any person may use any submerged land subject to lease
and not already leased for the temporary bedding of oysters for a
period not exceeding three months.

4-1118.1.

(A)  EXCEPT FOR NORMAL HARVESTING ACTIVITIES, THE DREDGING
AND TRANSPLANTING OF OYSTER SHELL OR SEED OYSTERS AS PART OF THE
DEPARTMENT'S OYSTER PROPAGATION PROGRAM, OR AS AUTHORIZED IN A
STATE WETLANDS LICENSE, A PERSON MAY NOT DESTROY, DAMAGE, OR
INJURE ANY OYSTER, OYSTER BAR, REEF, ROCK, OR OTHER AREA LOCATED
ON A NATURAL OYSTER BAR IN THE CHESAPEAKE BAY THAT IS NOT A
LEASED OYSTER BOTTOM.

(B)  ANY PERSON WHO VIOLATES ANY PROVISION DESTROYS,
DAMAGES, OR INJURES ANY OYSTER, OYSTER BAR, REEF, ROCK, OR OTHER
AREA REFERRED TO IN SUBSECTION (A) OF THIS SECTION IS LIABLE FOR
ANY DAMAGES THAT THE PERSON CAUSES TO THE STATE IN A CIVIL
ACTION, AS THE DEPARTMENT CONSIDERS APPROPRIATE, FOR THE
RESTORATION OF, MITIGATION OF, OR MONETARY DAMAGES FOR ANY
DESTRUCTION, DAMAGE, OR INJURY THAT THE PERSON CAUSES TO
RESOURCES ON THE NATURAL OYSTER BAR.

(C) THE ATTORNEY GENERAL OF MARYLAND OR THE STATE'S

ATTORNEY OF ANY COUNTY OF THIS STATE THAT BORDERS ON A PORTION OF
THE CHESAPEAKE BAY OR ON A TIDEWATER PORTION OF ANY OF ITS
TRIBUTARIES MAY SEEK AN INJUNCTION AGAINST ANY PERSON VIOLATING
OR THREATENING TO VIOLATE ANY PROVISION OF THIS SECTION.

4-1201.

(a) Any person who violates any provision of this title is
guilty of a misdemeanor. Unless another penalty is specifically