Ch. 492

2004 LAWS OF MARYLAND

BY adding to

Article - Natural Resources

Section 4-1009.1

Annotated Code of Maryland

(2000 Replacement Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

4-1001.

(a)     In this subtitle the following words have the meanings indicated.

(b)     "Buy boat" means any boat engaged or used in buying, selling, or
transporting oysters caught by other boats.

(c)     "Chesapeake Bay" means the waters, commonly known as the Chesapeake
Bay as defined by the charts of the Oyster Survey of 1906 to 1912, and its
amendments.

(d)     "County waters" means the waters lying within the territorial limits of any
county in the State as defined by the charts of the Oyster Survey of 1906 to 1912, and
its amendments.

(e)     "Diving apparatus" means any diving equipment that is supplied with air
from the surface through a hose, or diving equipment generally referred to as scuba,
the use of which allows a person to catch oysters by hand beneath the water.

(f)      "Dredge" includes any dredge, scoop, scrape, or similar device used in
catching oysters or clams by dragging.

(g)     "Dredge boat" means any sailboat which does not have a screw, propeller,
engine, turbine, or other device for self-propulsion, used in catching oysters or clams
by dredge.

(h) "Dunnaged boat" means any boat having a false bottom, partition, ceiling,
or deck, designed to diminish or having the effect of diminishing visible cargo space.

(i) "Handscrape" means any dredge cast and hauled by hand and without any
winch, winder, or spool.

(j) "Hard-shell clams" mean mollusks of the species Mercenaria mercenaria.

(K) "HARVEST" MEANS TO TAKE, KILL, TRAP, GATHER CATCH OR IN ANY
MANNER REDUCE ANY HARD-SHELL CLAM; SOFT-SHELL CLAM, OR OYSTER TO
PERSONAL POSSESSION OR TO ATTEMPT TO ENGAGE IN THIS CONDUCT.

(L) "HARVEST RESERVE AREA" MEANS AN AREA DESIGNATED BY THE
DEPARTMENT FOR THE RESTORATION AND HARVESTING OF OYSTERS ON A
ROTATIONAL BASIS.

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