Ch. 7 43                                    LAWS OF MARYLAND

disposition of court proceedings, and thereafter shall be
forfeited to the State for destruction or disposition as the
Secretary may deem appropriate. Prior to forfeiture the Secretary
may direct the transfer of fish so seized to a qualified

zoological,____educational, or , scientific institution for

safekeeping, costs to be assessable to the defendant. The
Secretary may issue rules and regulations to implement this
section.

4-1009.

(c) A person may not land, sell, or attempt to land or sell
on any day oysters from the waters of the State exceeding the
daily catch limit established by the Secretary by more than 10
percent. However, in emergencies, the Department may authorize
unloading up to two daily catch limits in 1 day. A licensed
oyster buyer or dealer may sell or attempt to sell oysters which
he shows were purchased from another catcher.

(d) All oysters landed or offered for sale on any day by
any person licensed to catch oysters which are in excess of the
daily catch limit shall become the property of the State, and
payment shall be made directly to the State by the buyer or
receiver of the oysters at the same price paid the catcher for
the balance of his catch. All funds received under this
subsection shall be deposited to the credit of the Fisheries
Research and Development Fund and shall be used for repletion of
the natural oyster bars of the State.

4-1205.                                                                               

A natural resources police officer or any law enforcement
officer, upon arresting any person for violating any provision of
this title or any rule or regulation promulgated pursuant to it,
may seize every fish unlawfully caught, sold, offered for sale,
transported, or possessed. The Department may dispose of the
seized fish at its discretion.

4-1206.

(a) A natural resources police officer or any law
enforcement officer, upon arresting any person for violating any
provision of this title or any rule or regulation promulgated
pursuant to it, may seize every device, equipment, conveyance, or
property unlawfully used. If the owner or person in charge of the
seized device, equipment, conveyance, or property is convicted,
the court may declare the device, equipment, conveyance, or
property forfeited in addition to any other penalty provided in
this title. Any forfeiture becomes the property of the Department
for disposition at its discretion. If the owner is not known, the
court may proceed ex parte to hear and determine any question of
forfeiture. If the owner or person charged with the violation is

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