Chap. 508.—An ACT to amend and re-enact section 3240 of the Code of
Virginia, relative to the taking of oysters from natural rocks, etc.
[

H B 269]
Approved March 28, 1922.

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

Section 3240. Taking oysters from natural rocks; closed season:
penalty.—Hereafter it shall not be lawful for any person to take or
catch oysters from any of the natural oyster beds, rocks or shoals
in any of the waters of this Commonwealtoh, with tongs, or any other
way, from the first day of May to the fifteenth day of September of
each year; provided, that in all the waters of Virginia on the western
side of the Chesapeake bay from Mobjack bay and its tributaries to
the Potomac river (inclusive), the prohibited time shall be from the
first day of April to the fifteenth day of September; and in James
river and on the eastern or ocean side of Accomac and Northampton
counties, the prohibited time shall be from the first day of June to the
fifteenth day of September, and that in Broad bay, Long creek, Lick-
horn bay, or in any of the tributaries thereof in the county of
Princess Anne, the prohibited time shall be all the year, except the
months of October and November, and that in the waters of Poco-
moke sound the prohibited time shall be from the first day of April
to the first day of October in each year. And if any person be found
upon the natural rocks, beds or shoals of this Commonwealth during
the prohibited season with tongs or other devices for taking or
catching oysters, the same shall be prima facie evidence of the viola-
tion of this section by the person so found thereupon, unless such
person possesses a license to take or catch clams or crabs with such
tongs or other device during such prohibited season. And it shall
not be lawful for any person to use or employ patent tongs for the
purpose of taking or catching oysters or shells from the natural
rocks, beds or shoals of the State at any time except during the
months of October, November and December of each year, nor for
any person to use patent tongs in the waters of the James, Nanse-
mond, East or Piankatank rivers at any time. A person violating
any provision of this section shall, upon conviction thereof, be fined
not less than twenty-five dollars, nor more than one hundred dollars,
and be confined in jail not less than ten days nor more than six
months. This section shall not be construed as prohibiting the owner
of planted oysters from working on or changing the location of said
planted oysters or from shipping the same to market at any time at
the option of the owner.

2. An emergency existing, this act shall be in force from its
passage.