Chap. 393.—An ACT to amend and re-enact subsection 3 of section 3299 of the
Code of Virginia, as heretofore amended, the said section being in chapter
129 of the said Code on the subject of Potomac river statutes. [H B 409]

Approved March 24, 1926.

1. Be it enacted by the general assembly of Virginia, That sub-
section three of section thirty-two hundred and ninety-nine, of the
Code of Virginia, as heretofore amended, be amended and re-enacted
so as to read as follows:

Section 3299. (3) Providing a cull law and imposing penalties.—
All oysters taken from any natural rocks, beds, or shoals, within the
Potomac river shall be culled on their natural rocks, beds, or shoals
as taken, and oysters whose shells measure less than three inches in
length, measuring from hinge to mouth, and all shells shall be in-
cluded in said culling and replaced on said rocks, beds or shoals; pro-
vided, that oysters once passed from the culler less than the pro-
hibited size and all shells shall be considered 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 three 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 refer-
ence 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 three inches in length, measur-
ing 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 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; 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 confis-
cated 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 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
a tonger only; provided, that this section shall not apply to that por-
tion 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.

This act shall not become effective however, until a like act is
passed by the State of Maryland and this act is proclaimed by the
governor.