CHAPTER 38

An Act to amend and reenact § 28-93.1 of the Code of Virginia, relating
to the use of patent tongs to take oysters.
[H 5]

Approved February 23, 1954
Be it enacted by the General Assembly of Virginia:

aa That § 28-93.1 of the Code of Virginia be amended and reenacted as
ollows:

§ 28-93.1. 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 dur-
ing 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 provided that in the
waters on the western side of the Chesapeake Bay between Smith’s Point
and * Wolf Trap Lighthouse, where the use of patent tongs is now per-
mitted, 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 Rappa-
nock river the use of patent tongs shall not be permitted above a line
drawn from Towles Point on the north side of the Rappahannock to
Burhan’s wharf on the south side of said river, but the use of patent tongs
below such 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 Build-
ing and Dry Dock Company’s plant. The Commission of Fisheries is
hereby authorized, 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.
2. An emergency exists and this act is in force from its passage.