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Session Laws, 2004
Volume 801, Page 2311   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 492

[(k)] (M) "Hydraulic clam dredge" means any device used for dredging clams
which consists of a manifold through which water is forced under pressure for the
purpose of digging clams and working them into the mouth of the dredge where the
clams then are brought up to boat level by means of an escalator. "Hydraulic clam
dredge" includes the vessel on which the dredge is carried.

[(l)] (N) "Marketable oyster" means any oyster measuring 3 inches or more
from hinge to mouth.

[(m)] (O) "Natural oyster bar" means any submerged oyster bar, reef, rock, or
area represented as an oyster bar on the charts of the Oyster Survey of 1906 to 1912,
and its amendments, or any area declared by any circuit court to be a natural oyster
bar, or any area on which the Department plants oysters or shells. A natural oyster
bar also means any bar beneath the waters of the State where the natural growth of
oysters abounds to the extent that the public has resorted to the bar for a livelihood,
whether continuously or at intervals, during any oyster season within five years prior
to the filing of any application for a lease of the area in question, or within five years
prior to the making of a resurvey under the provisions of Subtitle 11. The actual
conditions of the area in question at any time within the five-year period shall be
considered in determining whether or not the area is a natural oyster bar.

[(n)] (P) "Packer" means any person having a fixed place of business and
buying, selling, packing, shucking, or preparing oysters for sale, trade, barter, or
shipment to any dealer, merchant, or retailer.

[(o)] (Q) "Patent tongs" means any pincers, nippers, tongs, or similar device
used to catch oysters and clams raised with rope, cable, or other hoisting gear.

[(p)] (R) "Shinnecock rake" means a hand tool used to catch hard-shell clams
or oysters. It usually consists of a tooth bar with projecting long, outwardly, and
upwardly curving teeth which are progressively smaller towards the ends, form a
basket, and are set transversely at the end of a long, usually wooden handle.

[(q)] (S) "Soft-shell clams" means mollusks of the species Mya arenaria and
of the species Genus Tagelus.

[(r)] (T) (1) "Tong" means any pincers, nippers, tongs, or similar device
used in catching oysters and clams and consisting of 2 shafts or handles and a metal
body composed of 2 opposable and complementary baskets that:

(i) Are opened, closed, and emptied entirely by hand; and

(ii) 1. Are lifted by hand; or

2. May use power to assist lifting the tongs with a single
lifting cable or rope attached at only a single point on 1 shaft of the tongs.

(2) 'Tong" includes:

(i) Shaft tongs; and

(ii) Hand tongs.

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Session Laws, 2004
Volume 801, Page 2311   View pdf image
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