Maryland § 4-1013

§ 4-1013.

    (a)    (1)    This subsection applies only to a dredge boat that:

            (i)    Is a functional sailing vessel used to catch oysters or clams by dredge;

            (ii)    Is built in the style of a traditional Chesapeake Bay bugeye, schooner, or skipjack;

            (iii)    Uses a sailing rig composed of at least one mast and one boom capable of holding sails and configured for sailing;

            (iv)    Includes a set of davits capable of removing an auxiliary yawl boat from the water;

            (v)    Does not have a screw, a propeller, an engine, a turbine, or any other device for self–propulsion used in catching oysters by dredge; and

            (vi)    Meets all United States Coast Guard requirements.

        (2)    Any person who owns or is in charge of operating any dredge boat shall have a license to catch oysters by dredge boat.

        (3)    The owner, captain, master, or any crew member of any dredge boat capable of self–propulsion by any motor, turbine, or other engine attached to the dredge boat, may not have on board the dredge boat, or in tow, or permit on board or in tow, any scoop, handscrape, dredge, or similar instrument used in dredging, or any winch, spool, winder, or other tackle used in dredging, unless the dredge boat is permitted by the Department to dredge on leased land, or is engaged in taking seed oysters under the surveillance and with the permission of the Department.

        (4)    Notwithstanding any other provisions of this subtitle, the Department may designate by regulation a period of time not to exceed 3 days in any one week during which dredge boats licensed under this subtitle may be propelled by means of the auxiliary yawl boat carried on the dredge boat in the waters of the Chesapeake Bay.

    (b)    The Department may prescribe the maximum daily harvest limit on any day.

    (c)    The owner, captain, master, or any crew member of any boat may not catch oysters by scoop, handscrape, or dredge, or permit oysters to be caught by scoop, handscrape, or dredge, on any land in the State leased for cultivating oysters unless the boat is permitted by the Department for dredging on leased land, and the owner, captain, or master of the boat has on board the written consent of the lessee or tenant of the leased land from which any oysters are caught.

    (d)    (1)    All submerged land of the State not leased for cultivation of oysters nor designated as dredging territory by this subtitle shall be reserved for tongers exclusively.

        (2)    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 regulation or order of the Department.

        (3)    The taking of oysters by scoop, dredge or handscrape by hand may be authorized by the Secretary upon the recommendations of the appropriate county tongers committee, in areas reserved for tonging when areas which are designated for tonging oysters are closed because of icing conditions at least 7 consecutive days.

        (4)    Handscraping may be authorized on a day for working day basis according to the number of days when tonging is not possible because of ice cover, but not to exceed 14 working days.

        (5)    The Secretary may specify areas to be opened and restrictions on gear.

        (6)    There shall be a limit of 10 bushels per person and no more than 30 bushels per boat.

        (7)    A person may not handscrape for oysters after 12 noon.

        (8)    This subsection does not apply to catching seed oysters under the surveillance and with the permission of the Department.

    (e)    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.

    (f)    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 shotguns not larger than a number ten gauge and using shot not larger than number one.