Ch. 492

2004 LAWS OF MARYLAND

(3) "Tong" does not include a patent tong.

[(s)] (U) "Tong boat" means any boat on or from which tongs or patent tongs
are used in catching oysters.

4-1009.

(a)     During the closed season for taking oysters, a person may take seed
oysters from the natural bars of the State marked by the Department for a period not
exceeding one month in any one year, at times designated by the Department. The
seed oysters shall be taken only in accordance with rules and regulations the
Department prescribes, sold only to lessees of private oyster grounds, delivered only
on leased oyster bottoms and subject to the provisions of § 4-1103(e) of this article.

(b)     The Secretary may establish by rule or regulation daily catch limits on the
quantities of oysters which may be caught from the natural oyster bars of the State,
and may amend the daily catch limits to conserve the public oyster resource. Notice of
the establishment or amendment of these catch limits, INCLUDING ALL APPLICABLE
REASONS FOR THE DEPARTMENTS ACTION shall be given BEFORE PUBLICATION, TO
THE JOINT COMMITTEE ON ADMINISTRATIVE, EXECUTIVE, AND LEGISLATIVE
REVIEW AND by publication of THE notice in at least one newspaper [in each county]
OF GENERAL CIRCULATION IN THE STATE, IN AT LEAST ONE NEWSPAPER OF
GENERAL CIRCULATION IN EACH COUNTY IN WHICH THE AFFECTED WATERS ARE
LOCATED, AND ON THE WEBSITE OF THE DEPARTMENT not less than one week prior
to the effective date.

(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 tor
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.

4-1009.1.

(A)     THE DEPARTMENT MAY ADOPT REGULATIONS WHICH DESIGNATE AN
AREA AS A HARVEST RESERVE AREA FOR OYSTERS.

(B)     NOTWITHSTANDING ANY OTHER PROVISION OF LAW, BY PUBLISHING
PUBLIC NOTICE, THE DEPARTMENT MAY ESTABLISH FOR A HARVEST RESERVE AREA:

(1) THE OPENING OR CLOSURE OF AN AREA FOR THE HARVESTING OR
CONSERVATION OF OYSTERS;

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