Chap. 467.—An ACT to amend and re-enact section thirty-two hundred and
ninety-five of the Code of Virginia, in relation to clamming grounds in the
waters of the State. [H B 371]

Approved March 26, 1928

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

Section 3295. Any ground in the waters of this Commonwealth
not assigned to any one for planting or bath purposes shall be, on
application of twenty or more citizens to the oyster inspector of the
district in which the land hes, laid off and designated as public clam-
ming grounds; or the commission of fisheries may do so without such
petition if in their judgment it is expedient; provided, in the opinion
of the commission of fisheries, no oyster interests will suffer thereby
and the clams are of sufficient quantity for a person to realize at
least two hundred and twenty-five clams per day catching and taking
clams from said ground, and in order to determine whether clams are
of sufficient quantity, the commission of fisheries shall permit tongers
of the vicinity to go upon said ground and catch clams with their tongs
under the supervision of the commissioner of fisheries, and, if laid off,
the commission of fisheries shall have the metes and bounds of such
ground accurately designated by proper and suitable stakes, and also
have a plat made of same, to be recorded in the clerk’s office of the
county wherein the ground lies, all costs of surveying, platting and
recording to be paid by the applicants; and said ground shall be set
apart and remain as public clamming ground for the common use of
the citizens of this State, so long as the said commission may deem
best, and shall not be assigned to any one during such period, but
nothing in this amended section shall be construed so as to permit the
taking of clams within any areas now prohibited by law.