CHAPTER 132

AN ACT to authorize the Potomac River Oyster Commission to
close certain areas to the taking of oysters, and to authorize
the re-shelling and re-seeding of such areas; to provide the
procedure therefor; to prohibit certain acts and provide cer-
tain penalties.

[H 2]
Approved March 9, 1950

Be it enacted by the General Assembly of Virginia:
1. § 1. Authority to re-shell, re-seed and close areas.—The Poto-
mac River Oyster Commission shall have complete authority to re-
shell and re-seed any bar or area within its jurisdiction for the
purpose of the propagation, preservation and growth of oysters
and to establish reasonable rules and regulations with regard to
the taking of oysters from such bars or areas after they have been
re-shelled or re-seeded. The taking of oysters in violation of such
rules and regulations shall subject the person so violating to the
penalties set forth in § 2 hereof. Likewise, for the same purpose,
the Commission may, at any time and for such periods as it may
determine necessary to carry out such purposes, close any bar or
area within its jurisdiction to oystering, provided it shall have been
determined first, by actual inspection, that continued taking of
oysters from such bar or area would unduly deplete the supply
of oysters thereon. No bar or area shall be closed by the Commis-
sion without due notice thereof being given in at least two news-
papers having general circulation in the counties of each State
bordering on the Potomac River. Such notices shall specify the bar
or area to be closed and set a date for the closing thereof. Upon
the signing of a petition by at least twenty oystermen licensed by
the Commission and the filing thereof in not more than ten days
after such bar or area has been closed, the Commission shall con-
duct a hearing at which any interested person may appear for the
purpose of presenting evidence to prove that the continued taking
of oysters from such bar or area would not deplete the supply of
oysters thereon. It shall be unlawful to take oysters from any
such bar or area while it is closed by order of the Commission and
the taking of oysters in violation of any such order shall subject
the person so violating to the penalties set forth in section two
hereof.

§ 2. Jurisdiction and Penalties.—Any citizen of either State
who violates the laws which the Commission is empowered to en-
force shall be considered guilty of violating the laws of the State
of which he is a citizen and shall be prosecuted according to such
laws in the appropriate court of his State. Any person who violates
any of the provisions of the laws which the Commission is em-
powered to enforce shall be fined for each such violation, not less
than one hundred dollars nor more than five hundred dollars for
the first offense, and not less than two hundred dollars nor more
than one thousand dollars for the second and each subsequent
offense. Provided, that no person shall be deemed to be a second
or subsequent offender if such person has not been fined within
a period of three years for violating any of the laws which the
Commission is empowered to enforce. Furthermore, a third con-
viction within a period of three vears shall operate as a revoca-
tion of the license of such convicted person and the court shall
upon such conviction require the guilty party to forthwith sur-
render his license and shall notify the Commission of its action.
No license thus revoked shall again be issued to such an offender
until such a time as may be determined by the Commission. In
addition, all oysters taken in violation hereof shall be forfeited to
the Commission and disposed of as it deems proper.

§ 3. All acts and parts of acts in conflict herewith are re-

pealed to the extent of such conflict. Provided, however, that
nothing herein shall be deemed to alter, amend, abridge or repeal
any of the provisions of the Compact of March 28, 1785.
2. And be it further enacted, that an emergency existing, this act
shall become effective immediately upon its passage, provided the
State of Maryland has enacted similar legislation, or when the
State of Maryland does enact similar legislation, and shall remain
effective so long as similar legislation exists in both States. Pro-
vided further, however, that under no circumstances shall this act
become effective until the Potomac River Oyster Commission has
been created by the legislatures of both States.