Chap. 138.—An ACT to provide a cull law for the Potomac river, and to
impose penalties for the violation of this act.

Approved March 5, 1908.

1. Be it enacted by the general assembly of Virginia, That all
oysters taken from any natural rocks, beds or shoals in the waters of
the Potomac river shall be culled on their natural rocks, beds or
shoals as taken, and oysters whose shells measure less than two and
one-half inches in length, measuring from hinge to mouth, and all
shells shall be included in said culling and replaced on said rocks,
beds or shoals; provided, that oysters once passed from the culler 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 a
marketable oyster 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 from the natural rocks, beds and shoals as aforesaid,
or to take, buy, sell or have in possession oysters less than two and one-
half inches in length from hinge to mouth. Whenever any inspector
or other officer shall have reason to believe that this act has been
violated with reference to the culling of oysters, said inspector or
other officer is hereby authorized to examine the cargo of any boat
or vessel, and if upon examination of said cargo the said inspector
or other officer shall find that five per centum or more of said cargo
shall consist of shells and oysters whose shells measure less than two
AQIS OF ASSEMBL 1). Lae

and one-half inches in length, measuring from hinge to mouth, the
captain of the boat or other person in charge of said boat shall be
deemed to have violated this act, and upon conviction, if of a dredge-
boat or vendor of. oysters, shall be fined not less than fifty dollars
nor more than two hundred and fifty dollars, or confined in jail not
less than thirty days nor more than six months, or both, and said
cargo confiscated and returned to the natural beds under the super-
vision of the oyster inspector or other officer making the arrest, and
the boat or vessel on which said oysters are found shall be held as
security for the payment of said fine; if the boat in which only
oyster tongs are used, the said captain or other person in charge
shall be fined not less than twenty-five dollars nor more than seventy-
five dollars, or confined in jail not less than fifteen days nor more
than three months, or both, and said cargo confiscated and returned
to the natural beds under the supervision of the oyster inspector
or other officer making the arrest. And the boat or vessel on which
said oysters are found shall be held as security for the payment of
said fine; provided, however, that when any person shall be found
with oysters in violation of this act, he shall be presumed to be a dredgor
or vendor of oysters, and if he claims to be a tonger, the burden
shall be upon said person to show that he is a tonger. Provided, that
this act shall not apply to that portion of the Potomac river above
a line drawn from Swann Point, in Charles county, Maryland, to the
present passenger steamer pier in the town of Colonial Beach, in
Westmoreland county, Virginia. Because of the necessity that legisla-
tion regulating the taking of oysters in the Potomac river shall be
concurred in by the States of Maryland and Virginia, it is further
provided that this act shall take effect from the date of its passage;
provided, concurrent legislation has been passed by the general as-
sembly of Maryland, or, if not passed, then immediately upon the
passage thereof.

2. And be it enacted, That upon the taking effect in the State of
Maryland of the provisions prescribed in the preceding section, thc
governor of Virginia shall issue his proclamation declaring the pre-
visions of this act to be effective.

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