CHAP. 101.--An ACT to amend and re-enact sections 26, 31 and 32 of an act approved March 17, 1910, entitled an act to revise, amend and consolidate into one act certain laws relating to oysters, fish, clams, crabs, and other shellfish, and to repeal al...

(26) Buying or selling unculled oysters; penalty; not to apply above Days' point in James river.--And it shall be unlawful for any person to take, buy or sell oysters under the prescribed size, and shells so taken as aforesaid from the natural rocks, beds and shoals. Any person violating the provisions of this act, either by taking from the said rocks, beds or shoals, or by buying or selling oysters less than three inches in length, from the hinge to mouth, or shells, as hereinbefore mentioned, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than ten nor more than one hundred dollars; provided, however, that so much of this section and the preceding section as prohibits the taking and catching of oysters whose shells measure less than three inches from hinge to mouth, shall not apply to James river above a line drawn from Days' point, in the county of Isle of Wight, to Deep creek, in the county of Warwick, nor to the eastern side of Accomac and Northampton counties, nor to any rivers, creeks, or other estuaries of the Potomac river, and provided further, that the commission of fisheries is hereby authorized to permit the taking of oysters measuring less than three inches from hinge to mouth in that territory in the James river which lies between a line drawn from Days' point, in the county of Isle of Wight, to Deep creek, in the county of Warwick, and a line drawn from Coopers creek in the county of Isle of Wight, to Finch's pier in the city of Newport News, whenever after examination by the commission of the said area and public hearings, to be conducted as hereinafter specified, the commission shall ascertain that the oysters upon said area should be thinned out so as to permit those remaining to properly mature as marketable oysters, and provided further, that said commission shall have power to revoke said permit whenever after examination and hearing as hereinafter defined it shall be made to appear that the oysters on said area have been thinned out sufficiently to allow them to mature as marketable oysters. The hearings hereinbefore provided for shall be held at Newport News after advertising the same once a week for three consecutive weeks in a newspaper published in Norfolk, and in a newspaper published in Newport News giving the place, time and purpose of said hearing; provided, however, the public hearing herein provided for and the notice herein required to be given, shall not apply to the action of the commission of fisheries in first granting the permits for the taking of oysters from that portion of James river below a line drawn from Days' point, in the county of Isle of Wight, to Deep creek, in the county of Warwick.

In the waters of this State entering the Potomac the prohibited size shall be two and one-half inches. In addition to the penalty above prescribed, the license of any person found guilty of violating this section may, in the discretion of the commission of fisheries, be revoked by order of said commission, and such person shall not be again licensed to take or catch oysters in this State for a period of one year after the commission of such offense. The having at one time more than one bushel of oysters and shell on the culling board, deck, washboard, or other receptacle above the hold of the boat of any person oystering upon the natural rocks, beds or shoals, or the attempt of any person to escape or to throw oysters or shells overboard into the water, other than in the ordinary process of culling, upon the approach of the oyster inspector, or police boat, shall be prima facie evidence of the violation of this section. Any person offering oysters for sale or having the same in his possession which shall not have been culled as required by this section shall be deemed guilty of violating the law, and if upon trial he shall claim that such oysters are from private planting grounds, the burden of proving that fact shall be upon him. Such person may be tried in any court having jurisdiction under this act over the waters where he is arrested or apprehended and if any such person shall resist in any way any inspector or other authorized person in making an examination of the oysters suspected, or upon being requested by such officer or other authorized person to be admitted into a boat or oyster house for the purpose of such inspection, shall refuse to so admit such officer or other authorized person, the party commission of the said area and public suspected shall be deemed prima facie guilty of violating this section.

(31) Carrying seed oysters out of State, or buying for that purpose prohibited; penalties. It shall be unlawful for any person to carry, or attempt to carry, or to buy for the purpose of carrying out of this State any oysters taken from the natural rocks, beds or shoals in the waters of this Commonwealth, whose shells measure less than three inches, or from estuaries of the Potomac river oysters whose shells measure less than two and one-half inches in length from hinge to mouth, until he has first obtained for each cargo a permit to do so from the inspector from whose district the said cargo is to be taken or from the captain of one of the oyster police boats, and has paid to the inspector or police captain a tax of one cent per bushel on the number of bushels in said cargo. Said permit shall be signed by the commissioner of fisheries and countersigned by the said inspector or police captain, and it shall be the duty of said commission to grant such permits whenever after examination by the commission of the said seed areas and public hearing, as hereinafter provided, the commission shall ascertain that it will not injure or deplete said seed areas to grant such permits and that the supply of seed oysters is in excess of the demand for seed oysters by planters in the State of Virginia ; and provided that the commission shall have power to cease granting such permits whenever after examination and public hearing, as herinafter provided, the commission shall ascertain that said seed areas are becoming depleted and that to continue to grant such permits would seriously injure the same. The hearings hereinbefore provided for shall be held at Newport News, Virginia, after advertising the same once a week for three consecutive weeks in a newspaper published in Newport News and in a newspaper published in Norfolk, giving the time, place and purpose of said hearing, provided, however, the public hearing herein provided for, and the notice herein required to be given, shall not apply to the action of the commission of fisheries in first granting the permits herein provided for for the shipping of seed oysters out of this State. Any person violating the provisions of this act shall, upon conviction thereof, be confined in the penitentiary for one year, or at the discretion of the jury, may be confined in jail not exceeding one year, and fined not exceeding five hundred dollars. Moreover, all boats and vessels, together with their tackle used in violating this section, and all oysters found thereon, shall be forfeited to the Commonwealth, in proceedings as provided for the enforcement of forfeitures. If any oyster inspector or other person shall knowingly aid and abet or shall collude with any person in the violation of this section. he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be confined in jail not exceeding six months and finned not exceeding five hundred dollars.

(32) License to buy or carry seed oysters from certain grounds; penalty. It shall be unlawful for any person, without first having obtained a license therefor, as hereinafter provided, to buy or carry oysters to be planted in this State whose shells measure less than three inches in length from hinge to mouth, from the eastern side of Accomac and Northampton counties, or from James river above a line drawn from Coopers creek in the county of Isle of Wight to Finch's pier in the city of Newport News. Any person desiring to buy or carry such oysters from said localities to be planted in this State, shall first obtain for each cargo a permit therefor from the oyster inspector for the district wherein such person resides, or from an officer of a police boat for each boat or vessel to be used, which permit shall state the name and tonnage (if registered in the custom house) of the boat or vessel, the name of the owner and master thereof, and to what waters in this State it is intended to use such boat or vessel in carrying such oysters. Before such permit shall be granted, the owner or master of such boat or vessel shall make oath before the inspector or officer of a police boat that said boat or vessel will not be used for the purpose of carrying seed oysters measuring less than the size aforesaid out of this State, and that he will not sell such oysters to any other person for the purpose of carrying the same out of the State. The oaths so taken and subscribed, together with a memorandum of the permit issued, shall be returned by the inspector or officer of a police boat to the secretary of the commission of fisheries, to be filed by him in his office. The owner or master of any boat or vessel found buying or carrying seed oysters from the places aforesaid to any point in this State, without a permit therefor, shall be fined not less than fifty nor more than two hundred dollars.