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Ch. 26
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2002 LAWS OF MARYLAND
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Subsection (c) of this section is new language added to clarify that Subtitle
12 of this title, which provides penalties for a violation of this title, does not
apply to this section, which was formerly codified in Article 27.
Defined term: "Person" § 1-101
Article - Natural Resources
8-713.1. OPERATING VESSEL WITH NUMBER, NAME, OR HOME PORT CONCEALED.
(A) APPLICATION OF SECTION.
THIS SECTION DOES NOT SUPERSEDE § 4-1013(A) AND (B) OF THIS ARTICLE,
WHICH PROVIDES FOR THE DISPLAY OF AN OYSTER DREDGE BOAT IDENTIFICATION
NUMBER
(B) PROHIBITED.
A PERSON MAY NOT OPERATE KNOWINGLY A VESSEL ON THE NAVIGABLE
WATERS OF THE STATE WHILE THE NUMBER, NAME, OR HOME PORT DESIGNATION
OF THE VESSEL, AS ASSIGNED OR DOCUMENTED BY THE UNITED STATES COAST
GUARD OR CLEARED BY THE UNITED STATES CUSTOMS SERVICE, IS CONCEALED,
COVERED, OR DEFACED.
(C) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT LESS THAN 1 MONTH AND NOT
EXCEEDING 6 MONTHS OR A FINE OF NOT LESS THAN $150 AND NOT EXCEEDING $500
OR BOTH.
(D) FORFEITURE.
IN ADDITION TO THE PENALTIES UNDER SUBSECTION (C) OF THIS SECTION,
THE COURT MAY ORDER THAT THE VESSEL BE:
(1) FORFEITED TO THE STATE; AND
(2) DELIVERED TO THE DEPARTMENT FOR THE DISPOSITION THAT IS
MOST ADVANTAGEOUS TO THE STATE IN THE DISCRETION OF THE DEPARTMENT.
REVISOR'S NOTE: Chapter 26, Acts of 2002, which enacted the Criminal Law
Article, also added this section, which is new language derived without
substantive change from former Art. 27, § 582.
In subsection (a) of this section, the reference to "an oyster dredge boat
identification number" is substituted for the former reference to "canvas
dredge boat licenses" for consistency with § 4-1013(b) of this article.
In subsections (b) and (c) of this section, the former references to "aiders,
abettors and counsellors" are deleted as implicit in "a person [who violates
this section]" in light of the abrogation of the distinction between a
principal and an accessory in CP § 4-204. See CP § 4-204 and General
Revisor's Note to the Criminal Law Article.
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- 1082 -
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