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§ 4-11A-16.1. Willful, negligent, reckless, wrongful, or malicious entering of leased shellfish...

West's Annotated Code of MarylandNatural ResourcesEffective: October 1, 2016

West's Annotated Code of Maryland
Natural Resources
Title 4. Fish and Fisheries (Refs & Annos)
Subtitle 11a. Aquaculture (Refs & Annos)
Effective: October 1, 2016
MD Code, Natural Resources, § 4-11A-16.1
§ 4-11A-16.1. Willful, negligent, reckless, wrongful, or malicious entering of leased shellfishing area for certain reasons prohibited
Currentness
In general
(a) Subject to subsection (b) of this section, a person who willfully, negligently, recklessly, wrongfully, or maliciously enters any area leased to another person under this subtitle to harvest, damage, or transfer shellfish or to alter, damage, or remove any markings or equipment is liable to the leaseholder or any agent, employee, business partner, or contractor of the leaseholder for damages in an amount of:
(1) Three times the value of the shellfish harvested, damaged, or transferred;
(2) The actual restoration costs for the leased area and any altered, damaged, or removed markings or equipment; and
(3) Any attorney fees or court costs incurred by the leaseholder or any agent, employee, business partner, or contractor of the leaseholder in the matter.
Exceptions
(b) Subsection (a) of this section does not apply to a person engaging in aquaculture activity on a leased area in accordance with the terms and conditions of:
(1) A shellfish aquaculture harvester registration card that is in the person's possession; or
(2) An operator card that is in the possession of the person or another person present in the lease area.
Display of aquaculture harvester registration card upon request of law enforcement officer
(c) On the request of a law enforcement officer, a person who enters an area leased to another person under this subtitle and engages in any act specified in subsection (a) of this section shall display a shellfish aquaculture harvester registration card or an operator card for the lease area.

Credits

Added by Acts 2015, c. 235, § 1, eff. Oct. 1, 2015. Amended by Acts 2016, c. 278, § 1, eff. Oct. 1, 2016.
MD Code, Natural Resources, § 4-11A-16.1, MD NAT RES § 4-11A-16.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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