CHAP. 258.--An ACT to amend and re-enact section 28 of an act entitled an act to revise, arrange, amend and consolidate in one act certain laws relating to oysters, fish, clams, crabs and other shellfish, and to repeal all acts or parts of acts of the ...
Approved March 16, 1916.
1. Be it enacted by the general assembly of Virginia, That
section twenty-eight of an act entitled an act to revise, arrange,
amend and consolidate in one act certain laws relating to oysters,
fish, clams, crabs and other shell fish, and to repeal all acts or
parts of acts of the general assembly and any sections of the
Code of Virginia, in conflict with the provisions of this act,
approved March seventeenth, nineteen hundred and ten, be
amended and re-enacted so as to read as follows
28. License of dredges; limitations; application for license; numbers; registration; penalty; forfeiture.--The commission of fisheries shall, if in its judgment the police force is sufficient to protect the grounds in which dredging is hereinafter prohibited, authorize any resident of this State to take and catch oysters with dredges or scrapes in the Chesapeake bay; but this privilege shall not extend to Pocomoke sound, Hampton roads, Mobjack bay, or Tangier sound, or west of a line drawn from the lighthouse on Rappahannock spit to the lighthouse on Wolf Trap spit, or west of a line drawn from the lower end of Guinea marshes to York spit lighthouse, and thence to Back river lighthouse, or west of a line drawn through the Great Wicomico river lighthouse, thence to the east end of the east island of the Dameron's marshes; nor to any inlet, creek, or river, nor to the mouth thereof, except the river Potomac and the following rocks in Tangier sound, to-wit: Johnson's rock, Thoroughfare rock, Fox's Island rock and the California rock; provided, that for the purposes of this act the southern boundary of Pocomoke sound shall be a right line running through the southeast buoy on Watt's Island bar, it being buoy number three, and the outer
buoy at the mouth of Chesconnessex creek; provided, that no dredging shall be permitted between the first day of April and the first day of November in any year. Any resident desiring to dredge or scrape for oysters in the waters where dredging is permitted shall make application in writing for such privilege to the inspector of the district in which he resides, which application shall be sworn to and shall plainly state the name of his vessel, the owner or owners thereof, the commander or person in charge and the length of vessel or gross tonnage at which it is rated. Such application shall further state the district in which the owner resides; that the applicant is a resident qualified under the requirements of this act; that no non-resident owns said vessel in whole or in part; and that it is not held with any intention or under any agreement to return it any subsequent time to a non-resident. Upon being satisfied of these facts the inspector shall register such vessel and issue to such applicant a license granting him the privilege of dredging or scraping for oysters within the prescribed limits and season, which shall be plainly set forth in the license; and the inspector shall also furnish him two numbers, twenty-two inches long, in black paint on canvas or domestic; which shall be placed by the master or owner on the side, as hereinafter described; the number on his mainsail to be placed above the balance reef; that in the center of the sail, half way between the gaff and said reef; that on the jib, above the bonnet in center of jib and on the side opposite that of the mainsail. For such registration the applicant shall pay to the inspector a fee of one dollar; provided, only vessels operated wholly by sail shall be used for purposes of dredging or scraping for oysters on the public grounds of this Commonwealth or under the jurisdiction thereof; provided, that the commission of fisheries shall be empowered to revoke or deny to any person a license for the period of twelve months for a violation of the cull law by any person dredging or scraping; or for dredging or scraping, or attempting to dredge or scrape, without a license; or for resisting any officer in the performance of his duties. Dredging or scraping in waters not prohibited by law, without having paid the tax and obtained the license provided for such purpose, shall be punishable by a fine of not less than twenty-five dollars nor more than two hundred dollars.
If any person take or catch oysters or clams with a dredge or scrape, or instrument other than ordinary or patent oyster tongs or by hand, in any of the public waters of the Commonwealth, except as provided in this act, he shall be deemed guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary not less than one year nor more than three years; or may be confined in jail not exceeding one year and fined not less than one hundred nor more than one thousand dollars, either or both, in the discretion of the jury. In any prosecution for the violation of this section against the master or commander of a vessel or any of his crew or any person on board thereof, proof that said vessel was equipped with crank, dredge or scrape shall be prima facie evidence of the violation of this section. Any vessel, boat or other craft, her tackle, apparel, anchors, cables, sails, rigging and appurtenances, and any dredge, scrape or other instrument used in violating any of the provisions of this section shall, together with the cargo of such vessel, boat or craft, be condemned as forfeited to the Commonwealth in proceedings as provided for the enforcement
of forfeitures.