Section 4-1012 - Areas where dredging permitted; prima facie evidence of dredging.
§ 4-1012. Areas where dredging permitted; 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) County waters open to dredging.- A person may not catch oysters by dredge except in the following waters:
(1) Dorchester County. The area bounded as follows: beginning at Crab Point in Honga River, then proceeding in a straight line to the most easterly point on Lower Hooper Island to the Dorchester County line, then following the shoreline to Richland Point, then in a straight line southerly to Oakanhanikan Point, then following the north shoreline of Bloodsworth Island to Tigs Point, then in a northeasterly direction to Bishop Head Point, then along the shore to Crab Point, and then to the place of beginning.
(2) Dorchester and Talbot counties. All that portion of the Choptank River within an area bounded as follows: beginning at the Department marker on Upper Bar Neck, Tilghman Island; then proceeding in a straight line easterly to Benoni Lighthouse; then in a straight line easterly to Chlora Point; then in along the shore easterly to Howell Point; then southerly across the Choptank River to Horn Point; then westerly in a straight line to Castlehaven Point; then westerly in a straight line to Todd Point; then westerly in a straight line to Cook Point; along the shore to Hill's Point; then in a straight line to James' Point on James' Island; then in a straight line to Sharp's Island Lighthouse; then in a straight line to Blackwalnut Point; then along the shore to the Department marker, the point of the beginning.
(3) Somerset County. All the waters of Somerset County, except Pocomoke Sound, including the Wicomico, Manokin, and Big Annemessex rivers, which are defined as follows:
Wicomico River: easterly of a straight line drawn from the former dwelling of Thomas Tigner near Hains Point to the most southwesterly point of Clay Island.
Manokin River: landward or upstream of a straight line joining South Point on Little Deals Island to Hazard Point on the mainland.
Big Annemessex River: easterly of a straight line from Tenth Point to Porpoise Point; and for the purpose of this section, Tenth Point shall be considered to be the easterly point of the marsh at the entrance of Thru Creek shown on published Chart No. 7 of the Oyster Survey of 1906 to 1912, at a position of latitude 38 degrees, 2 minutes, 19.20 seconds and longitude 75 degrees 51 minutes 39.47 seconds; and Porpoise Point shall be considered to be the most westerly point of the marsh of Pat Island and that part of Tangier Sound, south of a line drawn in an easterly course from Terrapin Sands Point on the west side of Tangier Sound to the channel and then following the channel in a southerly direction to the Virginia Line.
(4) Talbot County. The waters bayward of a line beginning at Kent Point and following the territorial county line in an easterly direction to where it intercepts the Queen Anne's County-Talbot County line; then following the county line northeasterly to the point where a straight line drawn from Long Point to the Wades Point bell buoy intersects the county line; from there in a southeasterly direction to the Wades Point bell buoy; and then direct to Wades Point bell buoy; and then direct to Wades Point; then following the shoreline to Lowes Point; and then direct towards the Bloody Point Lighthouse for a distance of 1.8 miles; and then direct to North Point on Poplar Island.
(c) 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.
[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.]