Chap. 46.—An ACT to provide for the examination of the oyster and clam
beds and waters of Virginia; to provide for the marking of polluted
areas and to prohibit the taking of oysters and clams from polluted
areas; defining violations of the act and fixing penalties therefor.

(H. B. 1.)
Approved February 17, 1916.

1. Be it enacted by the general assembly of Virginia, That
for the purpose of protecting the shell fish industry of the State
and preventing the sale of polluted, deleterious or contaminated
shell fish, the dairy and food commissioner is hereby directed
to cause to be made from time to time examinations or analy-
ses of the oyster and clam grounds located in the State and the
shell fish intended for food purposes found thereon and the said
commissioner shall also cause examinations to be made of the
waters flowing on and over said grounds and when the said
commissioner is satisfied as a result of such examination or
analysis or the surroundings that such beds or waters or shell
fish are polluted or contaminated, he shall in collaboration with
the commissioner of fisheries of the State, cause the limits or
boundaries of such polluted or contaminated areas to be prop-
erly marked to indicate that the designated area is polluted or
contaminated.

2. When such polluted area or areas or waters have been
determined and marked as hereinbefore provided, it shall be un-
lawful for any person or persons, firm or corporation, to take
shell fish from such waters or areas for any purpose whatso-
ever except as hereinafter provided.

3. When shell fish are found to be located on polluted areas
or in contaminated waters on beds belonging to private parties
under lease or deed, and it is desired to remove said shell fish
so located to areas and waters free from pollution or contamina-
tion, the said shell fish may be removed for the aforesaid pur-
pose only provided the person or persons desiring to remove
such shell fish shall first secure a permit for such removal from
the commissioner of fisheries; and the said commissioner of fish-
eries is hereby authorized to grant, in his discretion, and under
such rules and regulations as may be prescribed by him, per-
mits for the removal of shell fish to unpolluted areas or uncon-
taminated waters; provided, further, that when shell fish shall
have been so removed by permit, as hereinbefore provided, from
privately owned polluted areas to areas free from pollution, it
shall be unlawful to remove such shell fish again, unless they
have remained on the unpolluted area at least seven days.

3-a. When shell fish are found to be located on polluted
areas or in contaminated waters, on beds belonging to the State
(public grounds), the said shell fish may be removed by persons
holding licenses to take oysters with ordinary tongs only from
the said public grounds, but only during the period from May
urst. to August fifteenth of each year, and only for the purpose
of transferring the said shell fish to areas and waters free from
pollution or contamination; provided further that when shell
fish shall have been so removed from polluted areas to areas
free from pollution, it shall be unlawful to remove such shell
fish again, unless they have remained on the unpolluted areas
at least seven days.

3-b. It shall be deemed to be and shall be a violation of the
provisions of this act for any person or persons to have in their
possession, to store, to sell or offer for sale shell fish which have
been unlawfully removed from polluted or contaminated beds
or waters contrary to the provisions of this act.

4. That for the purpose of carrying out the provisions of
this act, the dairy and food commissioner and the commissioner
of fisheries and such agents or assistants of either of the said
commissioners as are now or may hereafter be duly appointed,
may enter on any premises located in the State or on any boat,
vessel or barge or other conveyance, car, wharf, shucking or
packing house or store or stall, and if it appears that the pro-
visions of this act have been violated, may, with or without a
warrant, arrest any person or persons who have been or who
are believed to have been, in charge of such shell fish, or who
may have such shell fish in their charge or possession, in viola-
tion of the provisions of this act, and may seize in the name of
the State of Virginia and take possession of any shell fish be-
lieved to be in violation of this act, and may seize and take pos-
session of any vessel, boat, craft or other thing used in violation
of any of the provisions of this act, together with the cargo of
such vessel, boat or craft; and any vessel, boat, craft or other
thing, together with the cargo so seized, may be held by the
official making the seizure or the official in whose district the
same was seized, until the accused has paid the penalty of his
offense, if upon trial he is found guilty, or has upon trial been
acquitted as the case may be. Any person or persons impeding,
hindering or interfering with the said commissioners, thei c
agents or assistants or persons appointed by either of the said
enmmissioners in the discharge of their duties in carrying out
the provisions of this act, shall be guilty of a violation of the
provisions of this act. Any person or persons, firm or corpora-
tion who shall violate any of the provisions of this act, shall
be guilty of a misdemeanor, and upon conviction shall be fined
not less than twenty-five dollars for the first offense and for any
subsequent offense not less than fifty dollars, or may be punished
by imprisonment not exceeding one year or by both fine and im-
prisonment in the discretion of the court, and such fines shall
be paid into the treasury of the State through the oyster officials
as in the case of all fines imposed and collected for violations of
the oyster laws; and in addition to the penalties herein provided,
the shell fish taken from areas and waters contrary to the pro-
visions of this act shall be forfeited to the State; provided, how-
ever, that when an oyster inspector is directly instrumental in
apprehending and bringing to trial an offender, against whom
a fine is imposed and collected under this act, one-fourth of the
fine shall go to the said inspector and the remaining three-fourths
shall be paid to the auditor of public accounts, and credited as
are all other fines imposed for violation of the oyster laws.

5. The person liable for any fine for violation of this act
may pay the officer directly instrumental in apprehending such
person such sum as may be agreed upon between such person
and officer and all costs; and thereupon such person shall be
discharged from all legal proceedings that may be instituted
against him for such offense; provided that the.amount so agreed
upon be not less than the minimum fine imposed for such offense,
any such agreement to be in the nature of a compromise, and
not to be used as evidence in any proceeding for such violation.

6. The dairy and food commissioner and the commissioner
of fisheries of the State are hereby charged with the enforcement
of the provisions of this act, and for the purpose of carrying out
the provisions of this act, the said dairy and food commissioner
and the said commissioner of fisheries, are hereby authorized
to make uniform rules and regulations in accordance with the
provisions of this act, and it shall be the duty of every Common-
wealth’s attorney, to whom the dairy and food commissioner or
the commissioner of fisheries, shall report any violation of this
act. to cause the proceedings to be commenced and, prosecuted
without delay for the fines and penaities.11- such “cases pre;

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