An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
Chap. 126.—An ACT providing for the énactment of concurrent legisla-
tion regarding the fish and shellfish industry in the Potomac river in
accordance with the compect entered into between the States of Mary-
land and Virginia on the twenty-eighth day of March, in the year
seventeen hundred and eighty-five, and to repeal all acts inconsistent
with the provisions of this act.
Approved March 11, 1912.
Whereas, a necessity has arisen ror the enactment of con-
current legislation regarding the fish and shellfish industry in
the Potomac river in accordance with the compact entered into
between the States of Maryland and Virginia on the twenty-
eighth day of March in the year seventeen hundred and eighty-
five; therefore,
1. Be it enacted by the general assembly of Virginia as
follows:
Who may or who may not take fish, oysters or crabs in
the Potomac river; penalties.—It shall be lawful for any citizen
of the State of Maryland or of the State of Virginia to take fish,
oysters or crabs from the Potomac river after complying with
the requirements of the laws of the State of which he is a citizen
for the taking of fish, oysters or crabs from the waters of such
State; and any citizen of either State who takes fish, oysters or
crabs from the Potomac river without having complied with the
requirements of the law of his State as to the taking of fish,
oysters or crabs in its own waters, shall be considered guilty of
violating the laws of the State of which he is a citizen, and
shall be prosecuted according to such laws. It shall not be law-
ful for any person to take or catch fish, except by hook and line,
or oysters or crabs in any manner whatever in the waters of the
Potomac river unless he be a citizen of Maryland or of Virginia,
and shall have been a resident of the State of which he is a
citizen for twelve months immediately preceding. Any such non-
resident violating this section shall be subject to a fine of five
hundred dollars; furthermore any vessel, with its equipment
and cargo, or any net or other appliances used in violating this
section, shall be deemed forfeited to the State.
2. Restrictions as to the time and manner of taking oysters.
—It shall not be lawful for any citizen of Maryland or of Vir-
ginia to take or catch oysters with a scoop, scrape, dredge, or
any such instrument in the waters of the Potomac river between
the fifteenth day of March and the first day of November of each
year; it shall not be lawful for any citizen of either State to take
oysters with tongs from the waters of the Potomac river be-
tween the twenty-fifth dav of April and the fifteenth day of
September of each year, except as hereinafter provided in sec-
tion four of this act; it shal] not be lawful for any person to have
in possession any oysters taken from the waters of the Potomac
river between the first day of May and the fifteenth day of
September of each year. Every person found guilty of violating
any of the provisions of this section shall be fined not less than
fifty dollars nor more than five hundred dollars for each offense,
and the vessel, together with its equipment and cargo, used in
violating any such provisions, shall be forfeited to the State.
3. Providing a cull law and imposing penalties.—All oysters
taken from any natural rocks, beds, or shoals, within the Poto-
mac 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 con-
sidered as not having been culled according to the provisions of
this section; provided, that when small oysters are adhering so
closely to the shell of a marketable oyster as to render removal
impossible without destroying the small 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 section has
been violated with the reference to the culling of oysters, such
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 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 section, and upon conviction, if of a dredge boat or vendor
of oysters, shall be fined not less than forty dollars nor more
than two hundred dollars, or confined in jail not less than thirty
days nor more than six months, either or both, and said cargo
confiscated and returned to the natural beds under the supervi-
sion 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 of a boat in
which only oyster tongs are used, the said captain or other
person in charge shall be fined not less than twenty dollars nor
more than one hundred dollars, or confined in jail not less than
fifteen days nor more than three months, either 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 section, he shall be presumed to be a dredger 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 only. Pro-
vided, that this section shall not apply to that portion of the
Potomac river above a straight line drawn from the north point
at the mouth of Upper Machodoc creek, in the county of King
George, Virginia, to Lower Cedar Point, in Charles county,
Maryland.
4. Regulating the taking of seed oysters and providing pen-
alties.—It shall be lawful between the first day of January and
the first day of May of each year to take oysters of any size with
ordinary or patent oyster tongs from the natural rocks, beds,
and shoals in the Potomac river above a straight line drawn
from the north point at the mouth of Upper Machodoc ‘creek, in
the county of King George, Virginia, to Lower Cedar Point in
Charles county, Maryland, to be used for planting in the waters
of Maryland or Virginia only, but it shall be unlawful at any
time to take shells to which no oyster is attached, or to take
oysters from said waters at any other time, or in any other man-
ner or for any other purposes than as above provided. Any
person convicted of taking shells as aforesaid or of taking
oysters from the Potomac river above the said line at any other
time or in any other manner than with oyster tongs, or for any
other purpose as aforesaid, 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, either
or both. Any citizen of Maryland or of Virginia, who has com-
plied with all the requirements of the oyster laws of his State
entitling him to the privilege.for a certain period of taking and
catching oysters with ordinary or patent tongs in such State
shall have the right without further license tax to take oysters
with such tongs above the said line during the open season pro-
vided for in the waters above said line.
5. Permit required for buying or carrying seed oysters, and
prescribing penalties——It shall be lawful for any citizen of
Maryland or of Virginia after having obtained a permit as here-
inafter 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 natural rocks, beds and shoals in
said river above a straight line drawn from the north point at
the mouth of Upper Machodoc creek, in the county of King
George, Virginia, to Lower Cedar Point, in Charles county,
Maryland, during the period between the first day of January
and the first day of May in any year. The said permit shall be
obtained from any oyster inspector, or any officer in charge of
a Virginia or Maryland oyster police boat, foreach 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 sub-
scribe to 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 plant-
ing the same in the waters of one or the 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 commander of the State fishery force of Maryland,
if said officer be a Maryland official, or to the secretary of the
commission of fisheries of Virginia, if said officer be a Virginia
official, to be filed by him in his office. Blank forms for such
oath and permit shall be furnished to the respective oyster in-
spectors, and the respective captains of the oyster police boats,
by the comptroller of Maryland and the auditor of public ac-
counts of Virginia. For administering said oath and issuing
said permit, the inspector or officer issuing same shall be entitled
to receive from the applicant a fee of twenty-five cents. 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 dollars nor more than one hundred dollars. And
any owner or master of any boat or vessel violating the pro-
visions of this section by buying or carrying or knowingly sell-
ing such seed oysters to be carried elsewhere, or for any other
purpose than to be planted in the waters of Maryland or Vir-
ginia, 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 and equipment, be forfeited
to the State wherein such offender is convicted. Provided no
permit shall be granted to any person engaged in taking or
catching, buying or carrying seed oysters or having in his pos-
session oysters measuring less than two and one-half inches
from hinge to mouth, who shall have any scoop, scrape or dredge
or any part thereof, on any boat or vessel to be used in taking,
buying or carrying seed oysters; and it shall be the duty of the
officer who issues said permit to first inspect said boat or vessel
and satisfy himself that no such appliance is on said boat or
vessel before he issues any permit; and any person who shall
have any scoop, scrape or dredge or any part thereof on any boat
or vessel engaged in catching, buying or carrying seed oysters
or ovsters measuring less than two and one-half inches from
hinge to mouth, and any owner or master of any boat or vessel
violating the provisions of this section by having any scrape,
scoop or dredge or anv part thereof on any boat or vessel en-
gaged in taking, catching, buying or carrying seed oysters shall
be fined not less than two hundred and fifty dollars nor more
than five hundred dollars, and in addition thereto, the boat or
vessel so used with its cargo and equipments be forfeited to the
State wherein such offender is convicted.
6. Regulations for the taking of fish and crabs in the Poto-
mac river; how licenses procured; penalties—Any citizen of
Maryland or Virginia desiring to fish for market or profit with
a pound net, fyke net, gill net, haul seine, sturgeon net, skirt
net, weir or other device, in the waters of the Potomac river,
shall first apply to the regularly constituted officer as determin-
ed by the laws or regulations of the State of which he is a resi-
dent and in the district or locality in which said applicant re-
sides, except that the applicant for license to fish with a fixed
device shall apply to the officer of the district or locality in
which such fixed device is proposed to be located for a license,
and state on oath, the true name or names of the person or rper-
sons applying for said license, that they are, and have been for
twelve months next preceding, residents of the State in which
such application has been made, the place at which the net,
seine, fyke, weir or other device is to be fished, and that during
the period of the license he will not violate any of the laws of the
State in which he resides in relation to the taking and catching
of fish; provided nothing in this section shall apply to any per-
son using a net solely for the purpose of supplying his own
table. Such oyster inspector or other authorized officer shall
thereupon grant license to use such net, or other device, and
state in such license the name or names of the person or persons
who shall use the same, the place at which it is to be located or
used, the season for which said license is granted, which season
shall begin on the first day of February in any year and end on
the thirty-first day of January of the year following, and the
paioumt of tax as prescribed by the laws of the State where
issued.
Any citizen of either Maryland or Virginia desiring to take
or catch crabs from the waters of the Potomac river by any
method, or any person desiring to engage in the business of buy-
ing crabs for picking or canning or shipping the same shall
pay to the oyster inspector or other designated official in the dis-
trict in which he resides such specific license tax as is prescribed
by the State of which he is a resident.
If any person shall use or set, or cause to be used or set,
any such net or seine as aforesaid, or shall take or catch crabs,
in the waters of the Potomac river within the jurisdiction of
the States of Maryland or Virginia without having first paid the
tax and obtained the license provided for under the laws of the
State in which such net is set, or crabs are taken, he shall be
deemed guilty of a violation of the provisions of this section,
and shall, for each such violation, be fined not less than ten dol-
lars nor more than two hundred dollars, and shall forfeit to the
State such net or other fishing devices used in said violation.
It shall be unlawful for any person to use a haul seine or
pound net, head or pocket having a smaller mesh than two
inches, stretched measure, for the purpose of catching food fish.
Any net having a funnel-mouth, round-mouth, or square-mouth,
with head above water, shall be construed as a pound net. Any
person or persons using a net in violation of this provision shall
be fined not less than ten dollars nor more than one hundred dol-
lars for each offense, and such net or nets shall be forfeited to
the State.
7. Concurrent jurisdiction for punishment of offenses in Po-
tomac river.—All offenses committed against the provisions of
this act by persons not citizens and residents of either State,
may be punished by any of the magistrates or courts of either
State having criminal jurisdiction; all offenses committed
against the provisions of this act by citizens of either State, shall
be punished by any of the magistrates or courts of the State of
which he is a citizen having criminal, jurisdiction.
The authorities of either State shall have the right to exam-
ine into the right of any person taking fish, oysters or crabs in
the Potomac river, or having same in his possession; and any
person taking fish, oysters or crabs in the Potomac river or hav-
ing same in his possession shall exhibit his authority for so
doing, whenever required by the police or other legal authority
of either State. The legal authorities of either State shall have
the right to arrest any such offender, and, if necessary in order
to arrest, shall pursue such offender beyond the boundary line
of either State upon navigable waters and arrest such offender
whenever found upon such waters.
8. Penalties where not otherwise provided; forfeiture of ves-
sel—Any person violating any section of this act, where not
otherwise provided, shall, upon conviction thereof, be fined not
less than twenty-five dollars nor more than three hundred dol-
lars; and where forfeiture of boat, vessel, net or other equipment
is provided for in any section of this act the said boat, vessel,
net, or other equipment shall be sold at public auction by the
sheriff of the county for cash after ten days’ notice; in case
of appeal the appellant shall remain in custody, and the boat,
vessel, net or other equipment shall be sold as above provided,
unless recognizance be entered into for double the amount of the
fine and double the value of said boat, vessel, net or other equip-
ment, conditioned on the performance of the final judgment of
the court. Upon such recognizance being given, the party con-
victed and the aforesaid property shall be discharged.
9. Failure of officer to perform duty; penalty.—If any oys-
ter inspector or other officer empowered with the duties of en-
forcing the provisions of this act knowingly fail to report viola-
tions of the same or to perform any of the duties herein re-
quired of him, he shall, for every such offense, be liable to a fine
of one hundred dollars, to be applied to the oyster fund of his
tate.
10. An emergency existing for the passage of this act be-
cause of the depletion of fish and shell-fish in the Potomac river,
the same shall take effect from the date of its passage; provided
concurrent legislation has been passed by the General Assembly
of Maryland, or, if not passed, then immediately upon the pass-
age thereof.
11. Nothing in the ten preceding sections shall be construed
in any way to impair, alter or abridge any rights which either
State or the citizens thereof may be entitled to, either by,
through, under or against the compact entered into between the
States of Maryland and Virginia on March twenty-eighth, sev-
enteen hundred and eighty-five.
12. And be it enacted, That upon the taking effect in the
State of Maryland of the provisions prescribed in this act, the
governor of Virginia shall issue his proclamation, declaring the
provisions of this act to be effective.
13. And be it enacted by the general assembly of Virginia,
That all acts or parts of acts in conflict herewith are hereby
repealed.