CHAP. 258.—An ACT to amend and re-enact section 28 of an act entitled
an act to revise, arrange, amend and consolidate in one act certain
laws relating to oysters, fish, clams, crabs and other shellfish, and to
repeal all acts or parts of acts of the general assembly and any sec-
tions of the Code of Virginia in conflict with the provisiona ot this
act, approved March 17, 1910. (H. B. 346.)

Approved March 16, 1916.

1. Be it enacted by the genera] assembly of Virginia, That
section twenty-eight of an act entitled an act to revise, arrange,
amend and consolidate in one act certain laws relating to oysters,
fish, clams, crabs and other shell fish, and to repeal all acts or
parts of acts of the general assembly and any sections of the
Code of Virginia, in conflict with the provisions of this act,
approved March seventeenth, nineteen hundred and ten, be
amended and re-enacted so as to read as follows:

28. License of dredges; limitations; application for license;
numbers; registration; penalty; forfeiture—The commission of
fisheries shall, if in its judgment the police force is sufficient to
protect the grounds in which dredging is hereinafter prohibited,
authorize any resident of tpiS State to take and catch oysters
with dredges or scrap the Chesapeake bay; but this privi-
Jege shall not extend to Pocomoke sound, Hampton roads, Mob-
jack bay, or Tangier sound, or west of a line drawn from the
lighthouse on Rappahany ock spit to the lighthouse on Wolf Trap
spit, or west of a line drawn from the lower end of Guinea
marshes to York spit lighthouse, and thence to Back river light-
house, or west of a line’, drawn through the Great Wicomico
river lighthouse, thence to ‘the east end of the east island of the
Dameron’s marshes; nor to any inlet, creek, or river, nor to the
mouth thereof, except the river Potomac and the following rocks
in Tangier sound, to-wit: Johnson’s rock, Thoroughfare rock,
Fox’s Island rock and the California rock; provided, that for the
purposes of this act the southern boundary of Pocomoke sound
shall be a right line running through the southeast buoy on
Watt’s Island bar, it being buoy number three, and the outer
buoy at the mouth of Chesconnessex creek; provided, that no
dredging shall be permitted between the first day of April and
the first day of November in any year. Any resident desiring
to dredge or scrape for oysters in the waters where dredging is
permitted shall make application in writing for such privilege
to the inspector of the district in which he resides, which appli-
cation shall be sworn to and shall plainly state the name of his
vessel, the owner or owners thereof, the commander or person
in charge and the length of vessel or gross tonnage at which it
is rated. Such application shall further state the district in
which the owner resides; that the applicant is a resident quali-
fied under the requirements of this act; that no non-resident
owns said vessel in whole or in part; and that it is not held with
any intention or under any agreement to return it any subsequent
time to a non-resident. Upon being satisfied of these facts the
inspector shall register such vessel and issue to such applicant
a license granting him the privilege of dredging or scraping
for oysters within the prescribed limits and season, which shall
be plainly set forth in the license; and the inspector shall also
furnish him two numbers, twenty-two inches long, in black paint
on canvas or domestic, which shall be placed by the master or
owner on the side, as hereinafter described; the number on his
mainsail to be placed above the balance reef; that in the center
of the sail, half way between the gaff and said reef; that on
the jib, above the bonnet in center of jib and on the side oppo-
site that of the mainsail. For such registration the applicant
shall pay to the inspector a fee of one dollar; provided, only
vessels operated wholly by sail shall be used for purposes of
dredging or scraping for oysters on the public grounds of this
Commonwealth or under the jurisdiction thereof; provided, that
the commission of fisheries shall be empowered to revoke or
deny to any person a license for the period of twelve months
for a violation of the cull law by any person dredging or scrap-
ing; or for dredging or scraping, or attempting to dredge or
scrape, without a license; or for resisting any officer in the per-
formance of his duties. Dredging or scraping in waters not
prohibited by law, without having paid the tax and obtained the
license provided for such purpose, shall be punishable by a fine
of pot less than twenty-five dollars nor more than two hundred
ollars.

If any person take or catch oysters or clams with a dredge
or scrape, or instrument other than ordinary or patent oyster
tongs or by hand, in any of the public waters of the Common-
wealth, except as provided in this act, he shall be deemed guilty
of a felony, and, upon conviction thereof, shall be confined in
the penitentiary not less than one year nor more than three
years; or may be confined in jail not exceeding one year and
fined not less than one hundred nor more than one thousand dol-
lars, either or both, in the discretion of the jury. In any prose.
cution for the violation of this section against the master o1
commander of a vessel or any of his crew or any person on
board thereof, proof that said vessel was equipped with crank,
dredge or scrape shall be prima facie evidence of the violation
of this section. Any vessel, boat or other craft, her tackle,
apparel, anchors, cables, sails, rigging and appurtenances, and
any dredge, scrape or other instrument used in violating any
of the provisions of this section shall, together with the cargo
of such vessel, boat or craft, be condemned as forfeited to the
Commonwealth in proceedings as provided for the enforcement
of forfeitures.