Section 4-1101 - Definitions.
§ 4-1101. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
(b) Chesapeake Bay.- "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.
(c) County waters.- "County waters" means the waters lying within the territorial limits of any county in the State as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.
(d) Dredge.- "Dredge" includes any dredge, scoop, handscrape, or similar device used in catching oysters and clams by dragging.
(e) Hydraulic clam dredge.- "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.
(f) Leased oyster bottom.- "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.
(g) Marketable oyster.- "Marketable oyster" means an oyster measuring 3 inches or more from hinge to mouth.
(h) Natural clam bar.- "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.
(i) Natural oyster bar.- "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 making of a resurvey under § 4-1102. The actual condition 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.
(j) Patent tongs.- "Patent tongs" means any pincers, nippers, tongs, or similar device used to catch oysters or clams and raised with rope, cable, or other hoisting gear.
(k) Shinnecock rake.- "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 toward the ends, form a basket, and are set transversely at the end of a long, usually wooden handle.
(l) Tong.- "Tong" means any pincers, nippers, tongs, or similar device operated entirely by hand and consisting of two shafts or handles and a metal body composed of two opposable and complementary baskets used in catching oysters and clams.
[An. Code 1957, art. 66C, §§ 696, 699, 708, 713; 1973, 1st Sp. Sess., ch. 4, § 1; 1974, ch. 864, § 3; 1985, ch. 622; 2004, ch. 25, § 6.]