Ch. 478  1999 LAWS OF MARYLAND

(II) BEFORE SUNRISE OR AFTER 3:00 P.M. ON ANY DAY MONDAY
THROUGH FRIDAY, OR

(III) IN ANY AREA CLOSED TO HYDRAULIC CLAM DREDGING UNDER
§ 4-1006.1 OF THIS SUBTITLE.

(2) IN ADDITION TO THE PROVISIONS OF § 4-1013(E) AND (F) OF THIS
SUBTITLE, A PERSON WHO HOLDS A POWER DREDGING LICENSE UNDER THIS
SECTION:

(I) HAS A LIMIT OF 12 BUSHELS FOR EACH PERSON OR 24 BUSHELS
PER BOAT, WITH A LIMIT OF TWO LICENSED POWER DREDGERS PER BOAT; AND

(II) MAY USE ONLY A POWER DREDGE BAR OF AT LEAST 36 INCHES
AND NOT EXCEEDING 42 INCHES.

(F) (1) THE SECRETARY SHALL ADOPT REGULATIONS TO IMPLEMENT THIS
SECTION.

(2) THE REGULATIONS ADOPTED BY THE SECRETARY MAY VARY THE
LIMITS ESTABLISHED UNDER SUBSECTION (E)(2)(I) OF THIS SECTION.

(2) (3)(l) THE REGULATIONS SHALL PROVIDE FOR THE ESTABLISHMENT
OF ESTABLISH AN OYSTER SANCTUARY OF AT LEAST NOT LESS THAN 100 ACRES
WITHIN THE AREA DESCRIBED IN SUBSECTION (D) OF THIS SECTION. POWER
DREDGING FOR OYSTERS SHALL BE PROHIBITED IN THE OYSTER SANCTUARY

(II) A PERSON MAY NOT CATCH OYSTERS IN THE OYSTER
. SANCTUARY DESCRIBED IN THE REGULATIONS.

(III) THE SANCTUARY SHALL BE ESTABLISHED BEFORE THE
OPENING OF THE POWER DREDGE SEASON.

(3) THE REGULATIONS MAY VARY THE LIMITS ESTABLISHED UNDER
SUBSECTION (E)(2)(I) OF THIS SECTION.

(4) IN ACCORDANCE WITH REGULATIONS ADOPTED UNDER PARAGRAPH
(1) OF THIS SUBSECTION, THE DEPARTMENT MAY THE REGULATIONS SHALL
AUTHORIZE THE DEPARTMENT TO ESTABLISH A PROGRAM AT THE BEGINNING OF
THE POWER DREDGE SEASON TO PURCHASE OYSTERS AT NO LESS THAN MARKET
PRICE FROM A PERSON WHO HAS A POWER DREDGING DREDGE LICENSE UNDER
THIS SECTION TO BE TRANSPLANTED FOR RESTORATION PURPOSES TO THE OYSTER
SANCTUARY REQUIRED UNDER DESCRIBED IN REGULATIONS IN ACCORDANCE WITH
PARAGRAPH (2)(3) OF THIS SUBSECTION.

(5) THE DEPARTMENT SHALL ADOPT REGULATIONS RESERVING AREAS
ON A ROTATIONAL BASIS FOR RESTORATION AND HARVESTING PURPOSES.

(6) THE DEPARTMENT SHALL ADOPT REGULATIONS ESTABLISHING AN
APPROPRIATE PENALTY TO BE ASSESSED AGAINST A PERSON CONVICTED OF
TAKING OYSTERS FROM A SANCTUARY OR RESERVED AREA.