Chap. 458.—An ACT to amend and reenact Section 3299 of the Code of Virginia,
as amended, relating to taking and catching oysters, fish and crabs in the
Potomac River. (S 280]

Approved April 2, 1948

Be it enacted by the General Assembly of Virginia:

1. That section thirty-two hundred ninety-nine of the Code of
Virginia, as amended, be amended and reenacted 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 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 act, and the act shall continue 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 between 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 in-
consistent 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 shell fish 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. 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 preceding. Any
such non-resident violating this section shall be subject to a fine of five
hundred dollars; furthermore any vessel, with its equipment 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 Virginia
to take or catch oysters with a scoop, scrape, dredge, or any such instru-
ment. 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, within
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 the culling and replaced
on the 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 unmerchantable
oysters; and when oysters measuring less than three inches are 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 returned 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 posses-
sion 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 such cargo, the
inspector or other officer shall find that five per centum or more of the
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 the 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 the cargo, confiscated
and returned to the natural beds under the supervision of the oyster
inspector or other officer making the arrest, and at the expense of
the violator, which expense shall be in addition to the fine imposed and
collectible in the same manner, and the boat or vessel on which the
oysters are found shall be held as security for the payment of the
fine; if of a boat in which only oyster tongs are used, the captain or
other person in charge shall be fined not less than fifty dollars or con-
fined in jail not less than fifteen days nor more than three months, either
or both, and the cargo confiscated 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 the oysters are found shall
be held as security for the payment of the fine, provided, 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 the person to show that he is 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 cap-
tain or other person in charge of the vessel or packing house, a certificate
showing the number of bushels of such unmerchantable oysters and the
captain or other person shall return the unmerchantable 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.

ri It shall be lawful between the first day of October and the fifteenth
day of April of each year, and at no other time, to take marketable
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 Virginia 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 such 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 prescribed for un-
lawful 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
such 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, during the period
between the first day of January and the first day of May in any year.
The permit 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 the 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 the officer that the boat or
vessel will not be used for carrying the 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 States, and that he will not sell
the 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 sub-
scribed, together with a memorandum of the permit issued, shall be
returned by the officer to the commander of the State fishery force of
Maryland, if such officer be a Maryland official, or to the secretary of the
Commission of Fisheries of Virginia, if such 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 the oath and issuing the
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 vio-
lating the provisions of this section by buying or carrying or knowingly
selling such seed oysters to be carried elsewhere, 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 con-
victed. Provided no permit shall be granted to any person engaged in
taking or catching, buying or carrying seed oysters or having in his pos-
session 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 the permit to
first inspect such boat or vessel and satisfy himself that no such appliance
is on such 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
measuring 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 the applicant resides, except that the applicant for
license to fish with a fixed device shall apply to the officer 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 such 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 purpose of
supplying his own table. Such oyster inspector or other authorized
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 such 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 catc
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 pro-
vided 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 provisions 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 such 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 for-
feited 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 jurisdic-
tion.

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 have the right to arrest any such 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 whenever
found upon such waters.

8. Any person violating any section of this act, where not otherwise
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 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 provided, unless
recognizance be entered into for double the amount of fine and double the
value of the boat, vessel, net or other equipment, conditioned 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 hundred
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 shell fish 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.

2. The State of Maryland having heretofore adopted amendments
conforming to those made hereby in subsections one and seven this act
shall become effective in due course.