§ 4-1012. Areas where dredging prohibited; prima facie evidence of dredging.

   (a) Chesapeake Bay. -- A person may not catch oysters by dredge in the Atlantic Coastal Bays, as defined in § 8-1802 of this article, or in the following areas of the Chesapeake Bay: the area bounded by a line drawn from Lowes Point towards the Bloody Point Lighthouse for a distance of 1.8 miles, and then direct to North Point on Poplar Island; then southerly around the westerly shore of Poplar Island to the southwesterly most point; then running in a straight line to the Department marker on the northern shore of Pawpaw Cove which area shall be reserved for catching of oysters with shaft tongs only; all the area lying within one-fourth mile of the western shore of Poplar Island; all the area within one-half mile of Plum Point; all the area within one and one-half miles of Sandy Point, Hackett Point, Tolly Point, and Thomas Point within Anne Arundel County waters; and the following oyster bars: 2-9, 2-10, 5-1, 5-2, 5-3A, 5-3B, 8-2, 8-6, and 8-9, as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.

(b) Prima facie evidence of dredging. -- Any boat sailing over any areas of the State which are exempt from dredging, by this subtitle or by rule or regulation of the Department, with any dredge, scrape, scoop, or similar instrument on board or in tow, may be apprehended by any Natural Resources police officer or any other law enforcement officer. If the boat has on board any wet oysters, dredge, or dredge line, or if the deck is wet and the boat is equipped for catching oysters with dredge or similar instrument, these facts shall be prima facie evidence that the boat has been used to violate the provisions of this section.

HISTORY: An. Code 1957, art. 66C, § 702, 703; 1973, 1st Sp. Sess., ch. 4, § 1; 1975, ch. 811; 1977, ch. 747, § 1; 1983, chs. 8, 194; 2000, ch. 61, § 7; 2007, ch. 260, § 2; 2013, ch. 173.