MARVIN MANDEL, Governor                                       707

RESIDENT OF THE STATE FOR AT LEAST ONE YEAR. THE
SELLER AND PURCHASER SHALL APPEAR BEFORE THE
DEPARTMENT AND MAKE OATH TO EVERY FACT CONTAINED IN
THE LICENSE APPLICATION. THE PURCHASER SHALL PAY THE
DEPARTMENT A $5 FEE FOP THE DREDGING LICENSE, AND THE
DEPARTMENT SHALL CERTIFY ON THE LICENSE THAT THE FEE
IS PAID. UPON COMPLETING THESE PROCEDURES, THE
PURCHASER IS ENTITLED TO THE SAME PRIVILEGES TO CATCH
OYSTERS AS THE ORIGINAL OWNER HAD BEFORE THE TRANSFER.

REVISOR'S NOTE: This section presently appears as
Article 66C, section 702(e) of the Code.
The word "unlawful" is an inadvertant error
in the present Code. The law as enacted in
Chapter 604, Acts of 1947 used the word
"lawful". The department does permit such
transfer. The only other changes made are
in style.

4-1015. OYSTER CULLING.

(A)   IN GENERAL. - A PERSON WHO CATCHES OYSTERS
FROM THE WATERS OF THE STATE WITH ANY SCOOP, DREDGE,
TONG, RAKE, OR ANY SIMILAR INSTRUMENT SHALL CULL THE
OYSTERS ON THE NATURAL EAR FROM WHICH THEY WERE
CAUGHT, AND RETURN EVERY SHELL TO THE BAR. ANY OYSTER
WHOSE SHELL MEASURES LESS THAN THREE INCHES IN LENGTH,
FROM HINGE TO MOUTH, WHETHER OR NOT ATTACHED TO A
MARKETABLE OYSTER, SHALL BE INCLUDED IN THE CULLING
AND REPLACED UPON THE EAR FROM WHICH CAUGHT. IF ANY
OYSTER MEASURING LESS THAN THREE INCHES ADHERES SO
CLOSELY TO THE SHELL OF A MARKETABLE OYSTER THAT IT
RENDERS IMPOSSIBLE ITS REMOVAL WITHOUT DESTROYING THE
SMALL OYSTER, THEN BOTH OYSTERS SHALL BE RETURNED TO
THE EAR FROM WHICH CAUGHT. HOWEVER, MARKETABLE
OYSTERS MAY BE RETAINED IF THE SMALL OYSTER ADHERING
TO THE MARKETABLE OYSTER IS LESS THAN ONE INCH IN
LENGTH FROM HINGE TO MOUTH AND CANNOT BE REMOVED
WITHOUT DESTROYING THE SMALL OYSTER. OYSTER CULLING
SHALL BE COMPLETED BEFORE ANY OYSTER IS THROWN OR
DEPOSITED IN THE HOLD OR BOTTOM OF ANY BOAT.

(B)    POSSESSION AND TRANSPORTATION OF UNCULLED
OYSTERS. - A PERSON MAY NOT POSSESS MORE THAN FIVE
PERCENT SHELLS OF ANY SIZE AND OYSTERS LESS THAN THREE
INCHES FROM HINGE TO MOUTH. IN ASCERTAINING THIS
PERCENTAGE THE DEPARTMENT SHALL SELECT AN AMOUNT OF
OYSTERS FROM ANY PILE, HOLD, BIN, HOUSE, OR PLACE AS
DEEMED PROPER AND REQUIRE IT TO BE CULLED AND DISPOSED
OF, AS PROVIDED BY THIS SECTION.