Chap. 173.—An ACT to amend and re-enact independent section 11 of an act ap-
proved February 25, 1892, in relation to oysters, as amended and re-enacted br
an act approved March 5, 1896, as further amended and re-enacted by an act

approved February 5. 1900, and as further amended and re-enacted by an «act
approved March 7, 1900. °

Approved April 24, 1903.

1. Be it enacted by the general assembly of Virginia, That inde
pendent section eleven of an act approved February twenty-fifth, eighteen
hundred and ninety-two, in relation to oysters, as amended and re-enacted
by an act approved March fifth, eighteen hundred and ninety-six, as fur-
ther amended and re-enacted by an act approved February third, nine-
teen hundred, and as further amended and re-enacted by an act approved
March seventh, nineteen hundred, be further amended and re-enacted so
as to read as follows:

§ 11. All oysters taken from any natural rocks, beds, or shoals, in the
waters of this State, except on the eastern side of Accomac and North-
ampton counties, shall be culled on their natural rocks, beds, or shoals,
as taken, and oysters whose shells measure less than three inches in length,
measuring from hinge to mouth, and all shells shall be included in said
culling and replaced upon said rock, beds, or shoals: provided, that oys-
ters once passed from the culling board to the inside of the boat less than
the prohibited size, and all shells shall be considered as not having been
culled according to the provisions of this act: provided, that when small
oysters are adhering so closely to the shell of the marketable oysters as to
render removal impossible without destroying the young oyster, then it
shall not be necessary to remove it. And it shall be unlawful for any
person to take, buy, or sell the small oysters and shells so taken as afore-
said from the natural rocks, beds, and shoals as aforesaid. Any person
violating the provisions of this act, either by removing from the said
rocks, beds, or shoals, or by buying or selling oysters less than three inches
in length, from hinge to mouth, or shells as hereinbefore mentioned,
shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall
be fined not less than ten dollars, nor more than one hundred dollars: pro-
vided, however, that so much of this section as prohibits the catching and
taking of oysters whose shells measure less than three inches, from hinge
to mouth, shall not apply to James river above a line drawn from Day’s
point, in the county of Isle of Wight, to Deep creek, in the county of
Warwick. In addition to the penalty above prescribed, the license of
any person found removing from the natural rocks, beds, or shoals, ovs-
ters of the size prohibited, or shells as aforesaid, shall be revoked, and
such person shall not be again licensed to take or catch oysters in this
State for a period of one year after the commission of such offense. And
the having at one time of more than one bushel of oysters and shells on
the culling board of any person oystering upon the natural rocks, beds,
or shoals, or the attempt of such person to escape or to throw oysters or
shells overboard into the water, otherwise than in the ordinary process of
culling, upon the approach of an oyster inspector, or police boat, shall be
prima facie evidence of the violation of this section.

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