Maryland Natural Resources Section 4-11A-01
§ 4-11A-01.
CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE
(a) In this subtitle the following words have the meanings indicated.
(b) "Aquaculture" means the commercial rearing of fish or aquatic plants for sale, trade, barter, or shipment.
(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) "Dredge" includes any dredge, scoop, handscrape, or similar device used in catching oysters and clams by dragging.
(e) "Leased oyster bottom" means any land lying beneath the waters of the State leased by the State to any person for the purpose of protecting, sowing, bedding, or cultivating oysters and other shellfish.
(f) "Natural clam bar" means any area of submerged tidal bottom not classified as a natural oyster bar which has a population of clams of any species judged by the Secretary to have significant commercial value.
(g) "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 5 years prior to the filing of any application for a lease of the area in question, or within 5 years prior to making of a resurvey under § 4-1102 of this title. The actual condition of the area in question at any time within the 5-year period shall be considered in determining whether or not the area is a natural oyster bar.
(h) "Tong" means any pincers, nippers, tongs, or similar device operated entirely by hand and consisting of 2 shafts or handles and a metal body composed of 2 opposable and complementary baskets used in catching oysters and clams.
(i) "Transgenic" means an organism into which genetic material from another organism has been experimentally transferred, so that the host acquires the genetic traits of the transferred genes.
// SPECIAL NOTE: THE ABOVE SECTION WAS CHANGED BY CHAPTER 54 OF 2001 AND WILL REMAIN IN EFFECT UNTIL SEPTEMBER 30, 2006 //
(a) In this subtitle the following words have the meanings indicated.
(b) "Aquaculture" means the commercial rearing of fish or aquatic plants for sale, trade, barter, or shipment.
(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) "Dredge" includes any dredge, scoop, handscrape, or similar device used in catching oysters and clams by dragging.
(e) "Leased oyster bottom" means any land lying beneath the waters of the State leased by the State to any person for the purpose of protecting, sowing, bedding, or cultivating oysters and other shellfish.
(f) "Natural clam bar" means any area of submerged tidal bottom not classified as a natural oyster bar which has a population of clams of any species judged by the Secretary to have significant commercial value.
(g) "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 5 years prior to the filing of any application for a lease of the area in question, or within 5 years prior to making of a resurvey under § 4-1102 of this title. The actual condition of the area in question at any time within the 5-year period shall be considered in determining whether or not the area is a natural oyster bar.
(h) "Tong" means any pincers, nippers, tongs, or similar device operated entirely by hand and consisting of 2 shafts or handles and a metal body composed of 2 opposable and complementary baskets used in catching oysters and clams.
