WILLIAM DONALD SCHAEFER, Governor                   Ch. 534

included in the lines of any patent and all rights of the
riparian proprietor shall extend only to the middle of the creek,
cove, or inlet. In the waters of St. Mary's County, the riparian
grounds of any creek, cove, or inlet meeting the qualifications
enumerated above shall be considered and treated as leased
grounds for all of the purposes of [§ 4-1116] § 4-11A-13 of this
article. However, any dredging license issued under [§ 4-1116] §
4-11A-13 shall be issued only to the riparian owner for the
purpose of dredging shellfish on his riparian grounds. In the
waters of Dorchester County, shellfish may be dredged on riparian
grounds by the riparian owner by any means in any creek, cove, or
inlet.

(b) The owner of any wharf or other structure constructed
on or about the water and approved by the corps of engineers,
shall have exclusive use, for the purpose of growing and
harvesting shellfish, of the area:

(1)  Below the owner's wharf or structure; and

(2)  In Talbot and Howard counties only, within 5 feet
of the owner's wharf or structure, oysters grown in trays,
baskets, or containers that are attached to a private pier or
wharf by lines or ropes that are the property of the owner of the
pier or wharf.

[4-1120.] 4-11A-17.

The Department shall establish 3 separate areas of 10 acres
of submerged land each for oyster propagation research in the
vicinity of:

(1)  Horn Point in Cambridge in Dorchester County;

(2)  Deale Island in Somerset County; and

(3)  The waters of St. Mary's County, other than in
the Potomac River.

4-11A-18.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, THE
DEPARTMENT MAY ADOPT RULES AND REGULATIONS THAT ALLOW TAKING,
POSSESSION, TRANSPORT, OR SALE OF OYSTERS, FROM LEASED OYSTER
BOTTOMS ONLY FOR THE PURPOSE OF REPLANTING ON LEASED BOTTOMS,
THAT ARE LESS THAN THE MINIMUM SIZE LIMIT IN §§ 4-1015 AND
4-1015.1 OF THIS TITLE. THIS SECTION MAY NOT BE CONSTRUED TO
PERMIT THE SALE OF OYSTERS FOR HUMAN CONSUMPTION THAT ARE LESS
THAN THE MINIMUM SIZE LIMIT SPECIFIED IN §§ 4-1015 AND 4-1015.1
OF THIS TITLE.

[4-621.] 4-11A-19.

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