Chap. 137.—An ACT to regulate the taking of seed oysters in a certain part
of the Potomac river, and to provide penalties for the violation of this act.

Approved March 5, 1908.

1. Be it enacted by the general assembly of Virginia, That it shall
be lawful between the first day of January and the fifteenth day of
May to take oysters of any size with ordinary oyster tongs from the
natural rocks, beds, and shoals in the Potomac river above a line drawn
from Swann Point in Charles county, Maryland, to the present steam-
boat passenger pier in the town of Colonial Beach, Westmoreland county,
Virginia, to be used for planting in the waters of Maryland or Vir-
ginia, but it shall be unlawful to take oysters from said waters at any
other time, or in any other manner, or for any other purposes than as
above provided, except that they may be taken for other purposes during
the aforesaid season, provided their shells measure not less than two and
one-half inches measuring from hinge to mouth, provided that in the
taking of said oysters all shells be thrown back upon said rocks, beds
and shoals.

Any person convicted of taking oysters in the Potomac river above the
said line in any other manner than with ordinary oyster tongs shall be
fined not less than one hundred dollars, nor more than five hundred
dollars, or confined in jail not less than thirty days, nor more than
six months or both. Any citizen of Maryland or Virginia, who has
a license to take oysters with ordinary oyster tongs from the waters
of the Potomac river shall have the right under his said license to take
oysters with ordinary oyster tongs above the said line during the open
season provided for said waters.

2. 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 the natural rock, beds and shoals in
said river above a line drawn from Swann Point in Charles county,
Maryland, to the. present passenger steamer pier in the town of Co-
lonial Beach, in Westmoreland county, Virginia, during the period be-
tween, the first day of January and the fifteenth day of May in any year.

3. The said permit shall be obtained from an oyster inspector, or an
officer in charge of a Virginia or Maryland oyster police boat, for each
boat or vessel to be used in carrying said oysters as aforesaid, and shall
state the name and tonnage (if registered in the custom house) 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 an oath before said
officer that the said boat or vessel will not be used for carrying said
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 other of
the said States, and that he will not sell said 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 subscribed, together with
a memorandum of the permit issued, shall be returned by said officer
to the shell-fish commissioner of Maryland or to the secretary of the
commission of fisheries of Virginia, to be filed by him in his office.
Blank forms for such oath and permit shall be furnished to each
oyster inspector, and to the captain of each oyster police boat by the
auditor of public acounts of Virginia, and the shell-fish commissioner
of Maryland. For administering said oath, and issuing said permit
the inspector or officer issuing the same shall be entitled to receive
from the applicant a fee of twenty-five cents on boats and vessels under
-wenty tons burthen and one dollar on those over twenty tons burthen.
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-
five dollars, nor more than one hundred dollars. And any owner or
master of any boat or vessel violating the provisions of this act, by buy-
ing or carrying, or knowingly selling such seed oysters to be carried
elsewhere and for any other purpose than to be planted in the waters
of Maryalnd 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 be forfeited to the State
wherein such offender is convicted.

Because of the necessity that legislative regulating the taking of
oysters in the Potomac river shall be concurred in by the States of
Maryland and Virginia, an emergency. is declared to exist and this
act shall take effect from its passage; provided a similar act has there-
tofore been passed by the general assembly of Maryland, or if not
passed, then this act shall take effect immediately upon the passage
thereof.

4. When after the passage of this act the governor of Virginia shall
be notified that the general assembly of Maryland has passed a similar
act he shall issue his proclamation declaring that this act is in effect.

5. All acts or part of acts in conflict with this act are hereby repealed.