Chap. 457.—An ACT to amend and reenact Sectien 3208 of the Code of Virginia,
as heretofore amended, relating to taking shellfish from the natural rocks,
beds or shoals in the waters of the Commonwealth. {S 279}

Approved April 2, 1948

Be it enacted by the General Assembly of Virginia:

1. That section thirty-two hundred and eight of the Code of
Virginia, as amended, be amended and reenacted as follows:

Section 3208. Taking oysters from natural rocks; closed season;
penalty.—It shall be unlawful 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 Commonwealth, with tongs or any other way, from the
first of June to the first of October 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, the prohibited
time shall be from the first day of April to the first day of October ; and
in James River below the seed line, as established, the prohibitive time
shall be from the first day of April to the first day of A ctober and in
the James River above the seed line, as established ; and that in Broad
Bay, Long Creek, Linkhorn 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 Pocomoke 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 device for taking or catching
oysters or clams, the same shall be prima facie evidence of the violation
of this section by the person so found thereupon, unless such person
possesses a license to take or catch clams 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, shells, or clams 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, provided that the Commission of Fisheries
may open or close or shorten the period when it shall be lawful to use
patent tongs at times other than those above set forth but in no event
shall it be lawful to use patent tongs more than three months during
any twelve month period and except that in the waters on the western
side of the Chesapeake Bay between Smith’s Point and Windmill Point,
where the use of patent tongs is now permitted, such patent tongs may
be used during the months of January, February, October, November,
and December of each year. It shall not be lawful for any person to use
patent tongs in the waters of the James, Nansemond, East, or Piankitank
Rivers at any time, and in the Rappahannock River the use of patent
tongs shall not be permitted above a line drawn from Towles Point on
the north side of the Rappahannock River to Burhan’s Wharf on the
south side of said river, but the use of patent tongs below said line may
be permitted with the consent of the commission, except that it shall
be lawful to take clams with patent tongs in the channel of the James
River in water not less than twenty feet in depth between Newport News
point and the upper end of the Newport News Ship Building and Dry
Dock Company’s plant. The Commission of Fisheries is hereby author-
ized, in its discretion, to prohibit the use of patent tongs at any time in
the taking of oysters, clams, or shells from the natural beds, rocks, or
shoals in the waters of the Commonwealth or in the waters under the
jurisdiction of the Commonwealth. A person violating any of the pro-
visions of this section, or any order of the Commission of Fisheries
prohibiting the use of the patent tongs, shall upon conviction thereof
be fined not less than twenty-five not 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 the said planted
oysters during the day time, or from shipping the same to market at
any time.

The commission after public hearing is hereby authorized and em-
powered to make such rules and regulations, and at any time, to modify
the same, prohibiting or restricting the taking or catching of fish and
all shellfish or any one or more of the aforesaid specified classes, or the
method by which the same shall be taken, the closing or opening of any
specified area, for the taking or catching of same, or any one or more
of them, or any devices or methods used in connection therewith, which
rules and regulations shall have the full force and effect of law; and
any violation thereof is hereby declared to be a misdemeanor and
punishable as such. Before, however, such rules and regulations shall
be effective, they shall be posted-by the oyster inspector or deputies in
two or more public places in each inspection district where applicable for
at least ten days; and a certificate of such oyster inspector or deputy
showing that the same has been posted is hereby declared to be conclusive
evidence thereof; provided, however, that should the commission, in
the exercise of the authority hereby given, by rule or regulation, so pro-
hibit or restrict the taking of fish or other shellfish to such an extent
that the industry affected by such rule or regulation of necessity will
have to suspend operations, in that event the commission shall suspend
the enforcement of such rule or regulation until the adjournment of
the next General Assembly of Virginia.

No action shall be taken under this section until after the public
hearing, which shall be held after advertisement of the time, place, and
purpose thereof for two successive weeks in at least three newspapers
circulated in the Tidewater section of the Commonwealth.

Provided further, that the Commission of Fisheries is hereby auth-
orized to regulate the setting of any device for the purpose of taking
or catching fish as in their discretion is to the best interests of the
industry, and such regulation to have the full force and effect of law,
and provided further, this section shall not apply to the Potomac River.