Chap. 87.——An ACT to amend and re-enact section 3244 of the Code of Virginia,
relating to the taking of oysters. [S B 124]

Approved March 4, 1930

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

Section 3244. It shall be unlawful for any person to take, buy,
sell or possess oysters under the prescribed size, and shells so taken as
aforesaid from the natural rocks, beds, and shoals. Any person violat-
ing the provisions of this or the preceding section, either by taking from
the said rocks, beds or shoals, or by buying or selling or possessing
oysters less than three inches in length from the hinge to mouth, or
shells as hereinbefore mentioned, shall be deemed guilty of a misde-
meanor, and, on conviction thereof, shall be fined not less than fifty
nor more than one hundred dollars, and required to throw said un-
culled oysters and shells back on the public rock, and for failure or
refusing to throw back said unculled oysters and shells on said public
rock, when ordered to do so by an inspector or his deputy, shall be
fined not less than one hundred nor more than five hundred dollars ;
but so much of this section and the preceding section as prohibits the
taking and catching of oysters whose shells measure less than three
inches from hinge to mouth, shall not apply to James river above a line
drawn from Coopers creek in the county of Isle of Wight, to a point
at the south side of the main channel in said river opposite Finches
pier in the city of Newport News, thence up said channel to the present
lower corner of Miles oyster planting ground, thence to Massey’s house
on the river bank in the county of Warwick, which shall be known as
seed line, nor to the eastern side of Accomac and Northampton coun-
ties, nor to any rivers, creeks, or other estuaries of the Potomac river.

In the waters of this State entering the Potomac the prohibited size
shall be two and one-half inches. In addition to the penalty above pre-
scribed, the license of any person found guilty of violating this section
may, in the discretion of the commissioner, be revoked by the order of
said commissioner, and such person shall not be again licensed to take
or catch oysters in this State for a period of one year after the com-
mission of such offense. The having at one time more than one bushel
of oysters and shells on the culling board, deck, washboard, or othet
receptacle above the hold of the boat of any person oystering upon the
natural rocks, beds or shoals, or the attempt of any person to escapé
or to throw oysters or shells overboard into the water, other than ir
the ordinary process of culling, upon the approach of the oyster in-
spector, or police boat, shall be prima facie evidence of the violation
of this section. Any person offering oysters for sale or having the same
in his possession, which shall not have been culled, as required by this
section shall be deemed guilty of violating the law, and if upon tria
he shall claim that such oysters are from private planting grounds, the
burden of proving that fact shall be upon him. Such person may be
tried in any court having jurisdiction over the waters where he i
arrested or apprehended and if any such person shall resist in any wa’
any inspector or other authorized person in making an examination of th
oysters suspected, or upon being requested by such officer or othe
authorized person to be admitted into a boat or oyster house for the
purpose of such inspection, shall refuse to so admit such officer o:
other authorized person, the party suspected shall be deemed prism
facie guilty of violating this section.