Chap. 297.—An ACT to amend and re-enact Section 3210 of the: Code of Virginia,
as heretofore amended, relating to licenses to take or catch oysters, clams and
scallops. [H B 400]

Approved March 28, 1940

1. Be it enacted by the General Assembly of Virginia, That
section thirty-two hundred and ten of the Code of Virzinia, as hereto-
fore amended, be amended and re-enacted so as to read as follows:

Section 3210. License of Tongers; Penalty.—Any resident of this
State who shall be duly qualified, and desires to take or catch oysters,
clams or scallops from the natural oyster beds, rocks, shoals, or any
other waters of the Commonwealth, or water under the jurisdiction
of the Commonwealth, not leased for planting purposes, by hand, or
with ordinary or patent tongs, or any instrument allowed by law,
other than a scrape or dredge, shall first apply in writing to the in-
spector for a license. The license taxes shall be as follows:

(1) For each pair of patent tongs, ten dollars and fifty cents.

(2) For each person taking oysters or clams by hand, or with
ordinary tongs, three dollars and fifty cents.

(3) Provided, however, that a license issued for patent tongs
shall entitle the holder, without the payment of an additional license
tax, to use ordinary tongs while not using patent tongs. When such
person shall have paid to the inspector the amount o/ license required
of him, said inspector shall register such person, and shall issue to
him a license, which shall entitle him during the season for which
such license shall be issued to take or catch oysters, clams, or scallops
from the natural oyster rocks, beds, or shoals, or any other water of
the Commonwealth of Virginia, or within the jurisdi:tion thereof, for
the period during which he is not prohibited by lew from working
on any such natural rocks, beds, or shoals. If any person is found
oystering, clamming, or scalloping upon the natural rccks, beds, shoals,
or other waters of the Commonwealth not assigaed for shellfish
culture without having been so licensed, or after having his license
revoked, or if he violates any provision of this section, such person
shall be fined not less than ten nor more than two hundred dollars.
Five dollars of each license to take oysters with patent tongs and
two dollars of each license to take oysters with ordinary tongs shall
be segregated for the replenishment of the public rocks, beds, and
shoals of the Commonwealth. The license issued under this section
shall entitle the holder to take either oysters, clams, or scallops from
the waters of this Commonwealth, or from waters under the jurisdic-
diction of this Commonwealth for and during the open oyster season;
and shall, in addition thereto, permit the holder of said license to
take or catch clams or scallops during the season prohibited by law
for the taking of oysters, from the public clamming bottoms of the
Commonwealth.

(4) For each person desiring to take or catch only clams by
hand or with ordinary tongs the license tax shall be two dollars and
fifty cents ($2.50) and for any person desiring to use patent tongs for
the purpose of taking clams only, he shall pay to the inspector a
specific tax of five dollars and fifty cents ($5.50) for each pair of such
tongs to be used, providing that these licenses for the taking of clams
by hand, or with tongs, ordinary or patent, shall entitle the holder
thereof to take only clams from the public clamming bottoms in the
waters of this Commonwealth, in the waters under the jurisdiction of
this Commonwealth, and not from the public oyster rocks, beds, and
shoals, and is not to be construed, in anywise, to permit or authorize
the taking of oysters at any time. If any person shall have in his
possession any oysters while taking or catching clams or scallops
under this sub-section during the season in which it is lawful to take
or catch oysters from the natural rocks, beds, or shoals, he shall be
prima facie guilty of violating the law of taking or catching of oysters
therefrom during the said prohibited season, and upon conviction,
the penalty shall be not less than ten dollars ($10.00), nor more than
two hundred dollars ($200.00).

It shall be unlawful to take or catch clams at any time, or by any
means, in Pocomoke Sound above a line drawn from Drum Bay
Point, in the county of Accomack, and running a north-northwest
course to the line between the State of Maryland and Virginia, except
upon such grounds in those waters as may be set aside for public
clamming or scalloping purposes by the Commission of Fisheries;
provided, however, that it shall be unlawful for any person to ship
any clams measuring less than one and seven-sixteenths inches in
length from hinge to mouth, or to take or catch clams under such
size other than for seed or planting purposes, provided, however, this
section shall not apply to the taking or catching of oysters or clams
for immediate household use but not for planting or for sale. Any
person violating the provisions of this section shall be guilty of a
misdemeanor and upon conviction be fined not less than ten dollars
nor more than two hundred dollars.