Chap. 462.—An ACT to encourage the planting of oysters in the deep waters of
Chesapeake bay, and to provide the mode of obtaining and holding assignments
therein.

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That any citizen
of this State who desires to plant oysters in Chesapeake bay mey make
application to the board of fisheries for such bottom as he desires ic plant
upon, setting forth in his application the location, depth of water at low
tide, and quantity of the bottom desired; and thereupon it shall be the
duty of the said board to examine such application as soon as practicable,
and inquire and determine as to the advisability of renting the bottom
applied for, and what would be a proper rental charge therefor. But the
board shall have the right to accept or reject any application made here-
under as they may deem best for the public interest. If the determina-
tion of the board be in favor of renting the bottom so applied for, it may
authorize the inspector of the district wherein such bottom lies to assign
the same to the applicant in such quantity, at such price, and upon such
terms as it may deem proper, the same to be set forth in an order to be
entered by the secretary upon the minutes of the board, and a copy thereof
to be furnished the inspector.

2. Thereupon it shall be the duty of the inspector to assign to the
applicant the bottom as designated in said order in the manner provided
by law for making other assignments, so far as the same is not incon-
sistent with the provisions of this act, and the bottom so assigned shall
be designated and marked by suitable buoys or other appropriate metes
and bounds, the plat of survey to be recorded as required by law in other
cases. And thereafter the assignee shall continue to hold said bottom
during the time agreed upon and designated by the board in its said order
so long as he shall continue to pay the rent as fixed by said order, such
holding to be governed by the law applicable to other holdings, so far as
not inconsistent with the provisions of this act.

3. No such assignment shall be made for a longer period than twenty
years, and no greater quantity than five thousand acres shall be assigned
to any one individual, firm, or corporation; nor shall any bottom be as-
signed at a less rate of rental than twelve and one-half cents per acre for
the first five years; twenty-five cents per acre for the next five years, or
fifty cents per acre for the remainder of the term, said rent to be paid an-
nually, as in the case of other assignments.

4. No bottom shall be assigned under the provisions of this act in legs
than fifteen feet of water at low tide, unless the same be more than two
niles from shore, nor shall any natural oyster rock, bed, or shoal, or any
bottom within one-half mile of any such rock, bed, or shoal be assigned,
nor shall any bottom occupied previous to such application by a pound
net or other fishing device, and not abandoned for such purpose, be as-
signed.

5. The compensation to inspectors and surveyors for their services in
making and surveying such assignments shall be as fixed by the board of
fisheries. Where there is uncertainty as to the district or county in which
the bottom applied for lies, or if it lie in more than one county or dis-
trict, the assignment shall be made and the rent collected by such in-
spector or inspectors as may be designated by the board for that purpose,
and likewise as to the surveyor who makes the survey; and in such case
the plat of survey shall be recorded in the clerk’s office of such county or
counties as may be designated by the board.

6. The occupant of any bottom assigned under the provisions of this
act shall have the right to plant oysters or shells thereon, and to catch
and take up the same therefrom at any time and in any manner he may
deem best: provided, no dredging shall be done except during the day-time.

%. All acts and parts of acts inconsistent with the provisions of this act
are hereby repealed, so far as the same woud affect the operation of this
act.

8. This act shall be in force from its passage.