MARVIN MANDEL, Governor                               2863

marketable oysters may be retained if the small oyster
adhering to the marketable oyster is less then [one] 1
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)   A person may not possess more than [five] 5
percent shells of any size and oysters less than [three]
3 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.

(c)   A person may not transport or attempt to
transport outside the State oysters measuring less than
[three] 3 inches in length from hinge to mouth regardless
of whether they are caught on the natural bars of the
State or from private beds and lots in the State.

(d)   The provisions of this subtitle relating to the
inspection and culling of oysters and the imposition of
penalties for any violation of the cull law apply to
oysters in the shell found anywhere within the State,
whether afloat or ashore, and whether said oysters have
been caught within the waters of the State or shipped or
brought into the State. However, oysters containing more
than [five] 5 percent shells or small oysters legally
taken from privately owned beds outside the State may be
admitted if

(1)   Inspected by the Department prior to storage in
a shucking house, and

(2)   Accompanied by a bill of sale or bill of lading
issued by the private planters selling the cargo or an
appropriate certificate from the authorities of the State
of origin, certifying that the cargo was caught from
privately owned oyster beds in the state of origin and
that the oysters were caught in full compliance with the
laws of that state.

4-1018.

(a) Every oyster in the shell and every oyster
shell sold in the State shall be measured either in a
half bushel tub, a bushel tub, a bushel and half tub, or
a [three] 3 bushel tub. A person shall measure oysters
in the shell or oyster shells only with an iron circular
tub having straight sides and a straight solid bottom,
with holes in the bottom for draining which are no larger
than [one] 1 inch in diameter. The Department may set
standards and allow other bulk containers it deems