Chap. 506.—An ACT to amend and re-enact section 3246 of the Code of
Virginia. {H B 101}
Approved March 28, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tion thirty-two hundred and forty-six of the Code of Virginia be
amended and re-enacted so as to read as follows:

Sec. 3246. 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
1 line drawn from the lower end of Guinea marshes to York spit
ighthouse, 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 section, the southern boundary
of Pocomoke sound shall be a straight line running from Rogue’s
Island Beach buoy number two, to the south-east buoy on Watts
Island Bar, but 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 section ; that no nonresident owns said vessel in whole or in part;
and that it is not held with any intention or under any agreement
to return it at any subsequent time to a nonresident. Upon being
satisfied of these facts the inspector shall register such. vessel and
issue to such applicant a license granting him the privilege of dredg-
ing 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 inspec-
tor 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 empow-
ered 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 office in he perform-
ance 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 by law, 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 a chank, 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 appurtances, 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.