Chap. 301.—An ACT to amend and re-enact section 3299 of the Code of Vir-
ginia, as amended, relating to the taking and catching oysters in the Potomac
river. [S B 354]

Approved March 24, 1930

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

Section 3299. Nothing contained in any of the sections of the two
preceding chapters shall be construed to repeal, alter, modify, or impair
the following act of the general assembly of Virginia, or any part of
the same, but the said sections shall apply to the taking of fish, oysters
and crabs in the Potomac river so far and only so far as they are not
in conflict or inconsistent with the said act, and the said act shall con-
tinue in full force; that is to say, “An act providing for the enactment
of concurrent legislation regarding the fish and shell fish industry
in the Potomac river in accordance with the compact entered into be-
tween the States of Maryland and Virginia on the twenty-eighth day
of March, in the year of seventeen hundred and eighty-five, and to repeal
all acts inconsistent with the provisions of this act,’ approved March
eleventh, nineteen hundred and twelve, in the following words:

“Whereas, a necessity has arisen for the enactment of a concurrent
legislation regarding the fish and shellfish industry in the Potomac
river in accordance with the compact entered into between the States
of Maryland and Virginia on the twenty-eighth day of March in the
year seventeen hundred and eighty-five; now, therefore,

1. Be it enacted by the general assembly of Virginia as follows:

It shall be lawful for any citizen of the State of Maryland or of
the State of Virginia to take fish, oysters or crabs from the Potomac
river after complying with the requirements of the laws of the State
of which he is a citizen for the taking of fish, oysters or crabs from
the waters of such State; and any citizen of either State who takes
fish, oysters or crabs from the Potomac river without having complied
with the requirements of the law of his State as to the taking of fish,
oysters or crabs in its own waters, shall be considered guilty of violat-
ing the laws of the State of which he is a citizen, and shall be prose-
cuted according to such laws. It shall not be lawful for any person
to take or catch fish, except by hook and line, or oysters or crabs in
any manner whatever in the waters of the Potomac river unless he be
a citizen of Maryland or of Virginia, and shall have been a resident of
the State of which he is a citizen for twelve months immediately pre-
ceding. Any such non-resident violating this section shall be subject
to a fine of five hundred dollars; furthermore any vessel, with its equip-
ment and cargo, or any net or other appliances used in violating this
section shall be deemed forfeited to the State.

2. It shall not be lawful for any citizen of Maryland or of Vir-
ginia to take or catch oysters with a scoop, scrape, dredge, or any such
instrument in the waters of the Potomac river between the fifteenth
day of March and the first day of November of each year; it shall not
be lawful for any citizen of either State to take oysters with tongs from
the waters of the Potomac river between the fifteenth day of April
and the fifteenth day of September of each year, except as hereinafter
provided in section four of this act; it shall not be lawful for any
person to have in possession any oysters taken from the waters of
Potomac river between the twentieth day of April and the fifteenth
day of September of each year. Every person found guilty of violating
any of the provisions of this section shall be fined not less than fifty
dollars nor more than five hundred dollars for each offense, and the
vessel, together with its equipment and cargo, used in violating any
such provisions, shall be forfeited to the State.

3. All oysters taken from any natural rocks, beds, or shoals, with-
in the Potomac river shall be culled on their natural rocks, bed or
shoals as taken, and oysters whose shells measure less than three inches
in length, measuring from hinge to mouth, whether attached to a
marketable oyster or not, and all shells shall be included in said culling
and replaced on said rocks, beds or shoals; provided, that oysters once
passed from the culler less than the prohibited size and all shells shall
be considered as not having been culled according to the provisions of
this section for the purpose of this section shall be declared to be un-
merchantable oysters; and when oysters measuring less than three
inches aré adhering so closely to the shell of a marketable oyster as to
render removal impossible without destroying the small oysters, then
such oysters, including the marketable oyster or oysters, shall be re-
turned to the bed or bar from which they were taken. And it shall
be unlawful for any person to take, buy or sell the small oysters and
shells from the natural rocks, beds and shoals as aforesaid, or to take,
buy, sell or have in possession oysters less than three inches in length
from hinge to mouth. Whenever any inspector or other officer shall
have reason to believe that this section has been violated with reference
to the culling of oysters, such inspector or other officer is hereby
authorized to examine the cargo of any boat or vessel, and if upon
examination of said cargo, the said inspector or other officer shall find
that five per centum or more of said cargo shall consist of shells and
oysters whose shells measure less than three inches in length, measuring
from hinge to mouth, the captain of the boat or other person in charge
of said boat shall be deemed to have violated this section, and upon
conviction, if of a dredge boat or vendor of oysters, shall be fined not
less than one hundred dollars, or confined in jail not less than thirty
days nor more than six months, either or both, and in addition to such
fine or imprisonment said cargo, confiscated and returned to the natural
beds under the supervision of the oyster inspector or other officer mak-
ing the arrest, and at the expense of the violator, which expense shall
be in addition to the fine imposed and collectable in the same manner,
and the boat or vessel on which said oysters are found shall be held
as security for the payment of said fine; if of a boat in which only
oyster tongs are used, the said captain or other person in charge shall
be fined not less than fifty dollars or confined in jail not less than fifteen
days nor more than three months, either or both, and said cargo con-
fiscated and returned to the natural beds under the supervision of the
oyster inspector or other officer making the arrest. And the boat or
vessel on which said oysters are found shall be held as security for
the payment of said fine, provided, however, that when any person
shall be found with oysters in violation of this section, he shall be
presumed to be a dredger or vendor of oysters, and if he claims to be
a tonger the burden shall be upon said person to show that he 1s a
tonger only. In case there is an appeal or waiver of trial before justice
of the peace, in order to provide for the disposition of any oysters
that have been declared unmerchantable, the cargo of oysters shall
remain in the possession or custody of the deputy commander, inspector
or other officer making the arrest until the captain of the boat or vessel
or the packer shall have reculled the oysters in question; and the officer
under whose supervision the reculling is done, after ascertaining the
quantity of unmerchantable oysters and shells so culled out, shall give
the captain or other person in charge of said vessel or packing house,
a certificate showing the number of bushels of such unmerchantable
oysters and the said captain or other person shall return said unmer-
chantable oysters so culled out to the natural beds or bars under the
supervision of the officer. The cost of reculling and expenses incident
to same shall be borne by the violator. Provided, that this section shall
not apply to seed oysters or plants taken under other provisions of this
act from that portion of the Potomac river above a straight line drawn
from the north point at the mouth of Upper Machodoc creek, in the
county of King George, Virginia, to Lower Cedar Point, in Charles
county, Maryland.

4. It shall be lawful between the first day of October and the fif-
teenth day of April of each year, and at no other time, to take market-
able oysters with ordinary or patent tongs, and in no other manner
from the natural rocks, beds and shoals in the Potomac river above a
straight line drawn from North Point at the mouth of Upper Machodoc
creek in the county of King George, Virginia, to Lower Cedar Point
in Charles county, Maryland. Any citizen of Maryland or of Vir-
ginia who has complied with all the requirements of the oyster laws
of this State entitling him to the privilege for a certain period of taking
and catching oysters with ordinary or patent tongs in such State, shall
have the right without further license tax to take marketable oysters
with such tongs above the said line during the open season provided
for in the waters above said line.

It shall be unlawful to dredge or scrape on the natural rocks, beds
and shoals of the Potomac river at any time with any boat propelled
other than by sail, or with a power boat from which the shaft and
propeller have not been withdrawn, and the penalties otherwise pre-
scribed for unlawful dredging shall be imposed under this section for
any violation of this act.

5. It shall be lawful for any citizen of Maryland or Virginia after
having obtained a permit as hereinafter provided, to buy and carry out
of the Potomac river to be planted in the waters of either Maryland or
Virginia, oysters whose shells measure less than two and one-half
inches from hinge to mouth taken from natural rocks, beds and shoals
in said river above a straight line drawn from the north point at the
mouth of Upper Machodoc creek in the county of King George, Vir-
ginia, to Lower Cedar Point, in Charles county, Maryland, during the
period between the first day of January and the first day of May in
any year. The said permut shall be obtained from any oyster inspector
or any officer in charge of a Virginia or Maryland oyster police boat,
for each boat or vessel to be used in carrying said oysters as aforesaid,
and shall state the name and tonnage (if registered in the customhouse)
of the boat or vessel, the name of the owner and the master thereof, and
to what waters in Maryland or Virginia such cargo of oysters is to be
carried. Before such permit shall be granted, the owner or master of
such boat or vessel shall take and subscribe to an oath before said
officer that the said boat or vessel will not be used for carrying said
oysters to any State other than Maryland or Virginia, or for any other
purpose than for planting the same in the waters of one or the other
of the said States, and that he will not sell said oysters to any other
person for the purpose of carrying the same to any State other than
Maryland or Virginia. The oath so taken and subscribed, together
with a memorandum of the permit issued, shall be returned by said
officer to the commander of the State fishery force of Maryland, if
said officer be a Maryland official, or to the secretary of the commis-
sion of fisheries of Virginia, if said officer be a Virginia official, to
be filed by him in his office. Blank forms for such oath and permit
shall be furnished to the respective oyster inspectors, and the captains
of the oyster police boats, by the comptroller of Maryland and the
auditor of public accounts of Virginia. For administering said oath
and issuing said permit the inspector or officer issuing same shall be
entitled to receive from the applicant a fee of twenty-five cents. The
owner or master of any boat or vessel found carrying or buying such
seed oysters without such permit shall be fined not less than twenty
dollars nor more than one hundred dollars. And any owner or master
of any boat or vessel violating the provisions of this section by buying
or carrying or knowingly selling such seed oysters to be carried else-
where, or for any other purpose than to be planted in the waters of
Maryland or Virginia, shall be fined not less than one hundred dollars,
nor more than one thousand dollars, and in addition thereto the boat
or vessel so used shall, with its cargo and equipment, be forfeited
to the State wherein such offender is convicted. Provided no permit
shall be granted to any person engaged in taking or catching, buying or
carrying seed oysters or having in his possession oysters measuring less
than two and one-half inches from hinge to mouth, who shall have
any scoop, scrape or dredge or any part thereof, on any boat or vessel
to be used in taking, buying or carrying seed oysters; and it shall be
the duty of the officer who issues said permit to first inspect said boat
or vessel and satisfy himself that no such apphance is on said boat
or vessel before he issues any permit; and any person who shall have
any scoop, scrape or dredge or any part thereof on any boat or vessel
engaged in catching, buying or carrying seed oysters or oysters meas-
uring less than two and one-half inches from hinge to mouth, and any
owner or master of any boat or vessel violating the provisions of this
section by having any scrape, scoop or dredge or any part thereof on
any boat or vessel engaged in taking, catching, buying or carrying seed
oysters shall be fined not less than two hundred and fifty dollars nor
more than five hundred dollars, and in addition thereto, the boat or
vessel so used with its cargo and equipment be forfeited to the State
wherein such offender is convicted.

6. Any citizen of Maryland or Virginia desiring to fish for market
or profit with a pound net, fyke net, gill net, haul seine, sturgeon net,
skirt net, weir, or other device, in the waters of the Potomac river,
shall first apply to the regularly constituted officer as determined by
the laws or regulations of the State of which he is a resident and in
the district or locality in which said applicant resides, except that the
applicant for license to fish with a fixed device shall apply to the of-
ficer of the district or locality in which such fixed device is proposed to
be located for a license, and state on oath, the true name or names of
the person or persons applying for said license that they are and have
been for twelve months next preceding, residents of the State in which
such application has been made, the place at: which the net, seine, fyke,
weir or other device is to be fished, and that during the period of the
license he will not violate any of the laws of the State in which he
resides in relation to the taking and catching of fish; provided nothing
in this section shall apply to any person using a net solely for the pur-
pose of supplying his own table. Such oyster inspector or other au-
thorized officer shall thereupon grant license to use such net, or other
device, and state in such license the name or names of the person or
persons who shall use the same, the place at which it is to be located
or used, the season for which said license is granted, which season shall
begin on the first day of February in any year and end on the thirty-
first day of January of the year following, and the amount of tax as
prescribed by the laws of the State where issued.
Any citizen of either Maryland or Virginia desiring to take or catch
crabs from the waters of the Potomac river by any method, or any
person desiring to engage in the business of buying crabs for picking
or canning or shipping the same shall pay to the oyster inspector or
other designated official in the district in which he resides such specific
license tax as is prescribed by the State of which he is a resident.

If any person shall use or set, or cause to be used or set, any such
net or seine as aforesaid, or shall take or catch crabs in the waters of
the Potomac river within the jurisdiction of the States of Maryland
or Virginia without having first paid the tax and obtained the license
provided for under the laws of the State in which such net is set, or
crabs are taken, he shall be deemed guilty of a violation of the pro-
visions of this section, and shall, for each such violation, be fined not
less than ten dollars nor more than two hundred dollars, and forfeit
to the State such net or other fishing devices used in said violation.

It shall be unlawful for any person to use a haul seine or pound
net, head or pocket having a smaller mesh than two inches, stretched
measure, for the purpose of catching food fish. Any net having a
funnel mouth, round mouth, or square mouth, with head above water
shall be construed as a pound net. Any person or persons using a net
in violation of this provision shall be fined not less than ten dollars nor
more than one hundred dollars for each offense, and such net or nets
shall be forfeited to the State.

7. All offenses committed against the provisions of this act by
persons not citizens and residents of either State may be punished by
any of the magistrates, or courts of either State having criminal juris-
diction ; all offenses committed against the provisions of this act by citi-
zens of either State, shall be punished by any of the magistrates or
court of the State of which he is a citizen having criminal jurisdiction.

The authorities of either State shall have the right to examine into
the rights of any person taking fish, oysters or crabs in the Potomac
river, or having same in his possession; and any person taking fish,
oysters or crabs in the Potomac river or having same in his possession
shall exhibit his authority for so doing, whenever required by the police
or other legal authority of either State. The legal authorities of either
State shall have the right to arrest any stich offender, and, if necessary
in order to arrest shall pursue such offender beyond the boundary line
of either State upon navigable waters and arrest such offender when-
ever found upon such waters.

8. Any person violating any section of this act, where not other-
wise provided, shall, upon conviction thereof, be fined not less than
twenty-five dollars nor more than three hundred dollars; and where
forfeiture of boat, vessel, net or other equipment is provided for in
any section of this act the said boat, vessel, net or other equipment shall
be sold at public auction by the sheriff of the county for cash after
ten days’ notice; in case of appeal the appellant shall remain in custody,
and the boat, vessel, net or other equipment shall be sold as above pro-
vided, unless recognizance be entered into for double the amount of fine
and double the value of the boat, vessel, net or other equipment, con-
ditioned on the performance of the final judgment of the court. Upon
such recognizance being given, the party convicted and the aforesaid
property shall be discharged.

9. If any oyster inspector or other officer empowered with the
duties of enforcing the provisions of this act knowingly fail to report
violations of the same or to perform any of the duties herein required
of him, he shall, for every such offense, be liable to a fine of one hun-
dred dollars, to be applied to the oyster fund of his State.

10. An emergency existing for the passage of this act because of
the depletion of fish and shellfish in the Potomac river, the same shall
take effect from the date of its passage; provided concurrent legislation
has been passed by the general assembly of Maryland, or if not passed,
then immediately upon the passage thereof.

11. Nothing in the ten preceding sections shall be construed in
any way to impair, alter or abridge any rights which either State or
the citizens thereof may be entitled to, either by, through, under or
against the compact entered into between the States of Maryland and
Virginia on March twenty-eight, seventeen hundred and eighty-five.

12. And be it enacted, That upon the taking effect in the State
of Maryland of the provisions prescribed in this act, the governor of
Virginia shall issue his proclamation, declaring the provisions of this
act to be effective.

13. And be it enacted by the general assembly of Virginia, That
all acts or parts of acts in conflict herewith are hereby repealed.