CHAP. 46.--An ACT to provide for the examination of the oyster and clam beds and waters of Virginia; to provide for the marking of polluted areas and to prohibit the taking of oysters and clams from polluted areas; defining violations of the act and fi...

1. Be it enacted by the general assembly of Virginia, That for the purpose of protecting the shell fish industry of the State and preventing the sale of polluted, deleterious or contaminated shell fish, the dairy and food commissioner is hereby directed to cause to be made from time to time examinations or analyses of the oyster and clam grounds located in the State and the shell fish intended for food purposes found thereon and the said commissioner shall also cause examinations to be made of the waters flowing on and over said grounds and when the said commissioner is satisfied as a result of such examination or analysis or the surroundings that such beds or waters or shell fish are polluted or contaminated, he shall in collaboration with the commissioner of fisheries of the State, cause the limits or boundaries of such polluted or contaminated areas to be properly marked to indicate that the designated area is polluted or contaminated.

2. When such polluted area or areas or waters have been determined and marked as hereinbefore provided, it shall be unlawful for any person or persons, firm or corporation, to take shell fish from such waters or areas for any purpose whatsoever except as hereinafter provided.

3. When shell fish are found to be located on polluted areas or in contaminated waters on beds belonging to private parties under lease or deed, and it is desired to remove said shell fish so located to areas and waters free from pollution or contamination, the said shell fish may be removed for the aforesaid purse only provided the person or persons desiring to remove such shell fish shall first secure a permit for such removal from the commissioner of fisheries; and the said commissioner of fisheries is hereby authorized to grant, in his discretion, and under such rules and regulations as may be prescribed by him, permits for the removal of shell fish to unpolluted areas or uncontaminated waters; provided, further, that when shell fish shall have been so removed by permit, as hereinbefore provided, from privately owned polluted areas to areas free from pollution, it shall be unlawful to remove such shell fish again, unless they have remained on the unpolluted area at least seven days,

3-a. When shell fish are found to be located on polluted areas or in contaminated waters, on beds belonging to the State (public grounds), the said shell fish may be removed by persons holding licenses to take oysters with ordinary tongs only from the said public grounds, but only during the period from May first to August fifteenth of each year, and only for the purpose of transferring the said shell fish to areas and waters free from pollution or contamination; provided further that when shell fish shall have been so removed from polluted areas to areas free from pollution, it shall be unlawful to remove such shell fish again, unless they have remained on the unpolluted areas at least seven days.

3-b. It shall be deemed to be and shall be a violation of the provisions of this act for any person or persons to have in their possession, to store, to sell or offer for sale shell fish which have been unlawfully removed from polluted or contaminated beds or wafers contrary to the provisions of this act.

4. That for the purpose of carrying out the provisions of this act, the dairy and food commissioner and the commissioner of fisheries and such agents or assistants of either of the said commissioners as are now or may hereafter be duly appointed, may enter on any premises located in the State or on any boat, vessel or barge or other conveyance, car, wharf, shucking or packing house or store or stall, and if it appears that the provisions of this act have been violated, may, with or without a warrant, arrest any person or persons who have been or who are believed to have been, in charge of such shell fish, or who may have such shell fish in their charge or possession, in violation of the provisions of this act, and may seize in the name of the State of Virginia and take possession of any shell fish believed to be in violation of this act, and may seize and take possession of any vessel, boat, craft or other thing used in violation of any of the provisions of this act, together with the cargo of such vessel, boat or craft; and any vessel, boat, craft or other thing, together with the cargo so seized, may be held by the official making the seizure or the official in whose district the same was seized, until the accused has paid the penalty of his offense, if upon trial he is found guilty, or has upon trial been acquitted as the case may be. Any person or persons impeding, hindering or interfering with the said commissioners, their agents or assistants or persons appointed by either of the" said commissioners in the discharge of their duties in carrying out the provisions of this act, shall be guilty of a violation of the provisions of this act. Any person or persons, firm or corporation who shall violate any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars for the first offense and for any subsequent offense not less than fifty dollars, or may be punished by imprisonment not exceeding one year or by both fine and imprisonment in the discretion of the court, and such fines shall be paid into the treasury of the State through the oyster officials as in the case of all fines imposed and collected for violations of the oyster laws; and in addition to the penalties herein provided, the shell fish taken from areas and waters contrary to the provisions of this act shall be forfeited to the State; provided, however, that when an oyster inspector is directly instrumental in apprehending and bringing to trial an offender, against whom a fine is imposed and collected under this act, one-fourth of the fine shall go to the said inspector and the remaining three-fourths shall be paid to the auditor of public accounts, and credited as are all other fines imposed for violation of the oyster laws.

5. The person liable for any fine for violation of this act may pay the officer directly instrumental in apprehending such person such sum as may be agreed upon between such person and officer and all costs; and thereupon such person shall be discharged from all legal proceedings that may be instituted against him for such offense; provided that the amount so agreed upon be not less than the minimum fine imposed for such offense, any such agreement to be in the nature of a compromise, and not to be used as evidence in any proceeding for such violation.

6. The dairy and food commissioner and the commissioner of fisheries of the State are hereby charged with the enforcement of the provisions of this act, and for the purpose of carrying out the provisions of this act, the said dairy and food commissioner and the said commissioner of fisheries, are hereby authorized to make uniform rules and regulations in accordance with the provisions of this act, and it shall be the duty of every Commonwealth's attorney, to whom the dairy and food commissioner or the commissioner of fisheries, shall report any violation of this act, to cause the proceedings to be commenced and prosecuted without delay for the fines and penalties in such cases prescribed.