MARVIN MANDEL, Governor                                 705

TONGING RESTRICTED.— ALL SUBMERGED LAND OF THE STATE
NOT LEASED FOR CULTIVATION OF OYSTERS NOR DESIGNATED
AS DREDGING TERRITORY BY THE PROVISIONS OF THIS
SUBTITLE SHALL BE RESERVED FOR TONGERS EXCLUSIVELY.
THE OWNER, CAPTAIN, MASTER OR ANY CREW MEMBER OF ANY
BOAT MAY NOT CATCH OYSTERS BY SCOOP, HANDSCRAPE, OR
DREDGE, OR ATTEMPT OR CONSPIRE TO CATCH OYSTERS BY
SCOOP, HANDSCRAPE, OR DREDGE, FROM ANY SUBMERGED LAND
OF THE STATE RESERVED FOR TONGERS EXCLUSIVELY OR
CLOSED BY ANY RULE OR REGULATION, OR ORDER OF THE
DEPARTMENT. HOWEVER, THIS SUBSECTION DOES NOT APPLY
TO CATCHING SEED OYSTERS UNDER THE SURVEILLANCE AND
WITH THE PERMISSION OF THE DEPARTMENT.

(F) SIZE AND NATURE OF DREDGE A PERSON MAY NOT

CATCH OYSTERS IN THE WATERS OF THE STATE OR POSSESS
ANY SCOOP, DREDGE, HANDSCRAPE, OR SIMILAR INSTRUMENT
HAVING A TOOTH BAR MORE THAN 42 INCHES IN LENGTH
MEASURING FROM THE OUTSIDE TEETH ON DREDGES USED IN
DREDGING ON ROCK BOTTOMS OR 44 INCHES IN LENGTH
MEASURING FROM THE OUTSIDE TEETH ON DREDGES USED IN
DREDGING ON MUD BOTTOMS, OR OF A WEIGHT EXCEEDING 200
POUNDS. THE CAPTAIN OR ANY OTHER PERSON MAY NOT
POSSESS OR USE A "DEVIL CATCHER" OR "DEVIL DIVER", OR
SIMILAR DEVICE ON ANY DREDGE BOAT TO BE ATTACHED TO
THE DREDGE FOR STEERING IT TO THE BOTTOM.

(G) FIREARMS ON DREDGE BOATS.-- SUBJECT TO THE

LAWS RELATING TO FIREARMS, THE CAPTAIN, MASTER, OR ANY
PERSON ON BOARD OR HAVING CONTROL OF ANY DREDGE BOAT,
MAY NOT HAVE OR PERMIT TO BE KEPT ON THE DREDGE BOAT
MORE THAN TWO SHOT GUNS NOT LARGER THAN A NUMBER TEN
GAUGE AND USING SHOT NOT LARGER THAN NUMBER ONE.

REVISOR'S NOTE: Subsection (a) presently appears
as Article 66C, section 702(n) of the Code.
The reference to the Natural Resources
Police Officer is made pursuant to Chapter
348, Acts of 1972, which created the force.
Language has been added to indicate that a
dredging license must be exhibited to any
law enforcement officer, since all law
enforcement officers are authorized to
enforce State laws on the waters of the
State.

Subsection (b) presently appears as Article
66C, section 702 (d) of the Code. The
penalty provisions of this subsection are
proposed for deletion in light of the
uniform penalty provisions of this title.