Chap. 471.—An ACT to amend and re-enact section 3244 of the Code of Vir-
ginia in relation to buying and selling unculled oysters. ~ [TH B 276]

Approved March 24, 1926.

1. Beit enacted by the general assembly of Virginia, That section
thirty-two hundred and forty-four of the Code of Virginia, be amended
and re-enacted so as to read as follows:

Section 3244. Buying or selling unculled oysters; penalty; not to
apply above seed line in James river.—It shall be unlawful for any
person to take, buy or sell oysters under the prescribed size, and shells
so taken as aforesaid from the natural rocks, beds and shoals. Any
person violating the provisions of this or the preceding section, either
by taking from the said rocks, beds or shoals, or by buying or selling
oysters less than three inches in length, from the hinge to mouth, or
shells as hereinbefore mentioned, in excess of five per centum of smal!
oysters and shells in shucking stock and five per centum of shells in
seed oysters, which shall be classed as unculled, shall be deemed guilty
of a misdemeanor, and, on conviction thereof, shall be fined not fess
than ten nor more than one hundred dollars, and required to throw
said unculled oysters and shells back on the public rock, and for failure
or refusing to throw back said unculled oysters and shells on said pub-
lic rock, when ordered to do so by an inspector or his deputy, shall be
fined not less than twenty-five nor more than one hundred dollars;
but so much of this section and the preceding section as prohibits the
taking and catching of oysters whose shells measure less than three
inches from hinge to mouth, shall not apply to James river above a
line drawn from Coopers creek in the county of Isle of Wight, to a
point at the south side of the main channel in said river opposite
Finches pier in the city of Newport News, thence up said channel to
the present lower corner of Miles oyster planting ground, thence to
Massey’s house on the river bank in the county of Warwick, which
shall be known as seed line, nor to the eastern side of Accomac and
Northampton counties, nor to any rivers, creeks, or other estuaries
of the Potomac river.

In the waters of this State entering the Potomac the prohibited
size shall be two and one-half inches. In addition to the penalty
above prescribed, the license of any person found guilty of violating
this section may, in the discretion of the commission of fisheries, be
revoked by order of said commission, and such person shall not be
again licensed to take or catch oysters in this State for a period of
one year after the commission of such offense. The having at one
time more than one bushel of oysters and shell on the culling board,
deck, washboard, or other receptacle above the hold of the boat of any
person oystering upon the natural rocks, beds or shoals, or the attempt
of any person to escape or to throw oysters or shells overboard into
the water, other than in the ordinary process of culling, upon the
approach of the oyster inspector, or police boat, shall be prima facie
evidence of the violation of this section. Any person offering oysters
for sale or having the same in his possession, which shall not have been
culled, as required by this section shall be deemed guilty of violating
the law, and if upon trial he shall claim that such oysters are from
private planting grounds, the burden of proving that fact shall be
upon him. Such person may be tried in any court having jurisdiction
over the waters where he is arrested or apprehended and if any such
person shall resist in any way any inspector or other authorized person
in making an examination of the oysters suspected, or upon being
requested by such officer or other authorized person to be admitted
into a boat or oyster house for the purpose of such inspection, shall
refuse to so admit such officer or other authorized person, the party
suspected shall be deemed prima facie guilty of violating this section.

2. An emergency existing, this act shall be in force from its
passage.