Chap. 489.—An ACT to amend and re-enact chapter 387 of the acts of the gen-
eral assembly of Virginia, of 1926, entitled “an act requiring all oysters from
the public rocks of the Commonwealth to be inspected when loading on
vessels ; measurements; tax; penalties,” approved March 24, 1926, as amended,
so as to include all oysters, taken from such public rocks. IS B 236]

Approved March 26, 1928

1. Be it enacted by the general assembly of Virginia, That chapter
three hundred and eighty-seven, of the acts of the general assembly of
Virginia, of nineteen hundred and twenty-six, approved March twenty-
fourth, nineteen hundred and twenty-six, as amended, be amended and
re-enacted so as to read as follows:

Section 1. It shall be unlawful for any person, firm, or corpora-
tion to take or to purchase oysters, taken from the public oyster rocks
of this Commonwealth, for planting or replanting, for shucking pur-
poses; or for replanting; or to shuck; and it shall be unlawful for
any person, firm, or corporation operating buy boats or vessels, to buy
shell oysters taken from the public oyster rocks of this Commonwealth,
until a permit has first been obtained from the oyster inspector from
whose district the said oysters are to be taken, or from the captain oi
one of the oyster police boats. The said inspector or police boat captain,
shall have the right, at all times, to inspect oysters taken from the public
rocks of the Commonwealth, loaded on any boat or vessel, or sold to
any person, firm or corporation, as to quality and measure, and for
this inspection the owner or master of such vessel, or the purchaser,
shall pay a tax to the inspector, or police boat captain, of one and one-
half cents per bushel on the number of bushels of oysters taken or
purchased from such public rocks, it being the intent and purpose ot
this act to impose said tax upon all oysters taken f rom the public rocks
for any purpose.

A strict account of all oysters taken from the public oyster rocks
of this Commonwealth by others than buy boats, shall be kept by the
purchasers, and the tax on same shall be paid, by such purchasers, as
herein provided, between the first and tenth of each month immediately
following that in which such purchases are made. Such purchasers
shall obtain, monthly, permits to buy such oysters, as herein provided
for, provided, however, that in view of the fact that different condi-
tions obtain in different localities, the commissioner of fisheries shall
be hereby empowered to direct the several oyster inspectors of the
State to issue permits and to collect the tax as herein provided, from
time to time, and in such manner as he, the commissioner of fisheries,
in the exercise of his judgment, may deem advisable; and such pur-
chasers shall keep an accurate and complete itemized daily record of
all such oysters bought, in a book to be kept for that purpose, which
book shall be, at all times, open for inspection by the commissioner of
fisheries, his agents or inspectors, and failure to keep such record shall
be unlawful and punished as hereafter provided.

Section 2. That it shall be the duty of the oyster inspector, in
whose district a cargo of oysters 1s to be loaded to inspect, if he deems
it necessary, said oysters as they are taken on board of vessel and to
see that all measures are a full legal bushel of oysters; that any shuck-
ing stock taken does not have more than five per centum of shells or
small oysters, and when said vessel is loaded to collect the tax on
same, and furnish the owner or master with a certificate showing the
number of bushels.in each load and certifying over the signature of
the commissioner of fisheries, countersigned by the inspector or police
captain, that the tax on each load is paid, a copy of which said cert1-
ficate shall be sent to the office of the commission of fisheries.

Section 3. That when at any time there is to be loaded in any one
district more than one vessel at the same time, the inspector is em-
powered to appoint a sufficient number of deputy inspectors for the
purposes hereinbefore set forth, if he deems it necessary; and that on
or before the tenth of each month the inspector shall render a state-
ment to the office of the commission of fisheries, on blanks furnished
by the commission, showing the amounts collected, from what vessels
collected, and to whom paid. The inspector and his deputies shall be
allowed for their services ten per centum on all sums collected for tax.

Section 4. That all taxes collected from the above inspection, after
said inspectors and deputies shall have received their ten per centum,
shall be forwarded by the inspectors to the State treasurer monthly,
with his other collections.

Section 5. That if it should develop that the compensation herein-
before allowed for inspectors and their deputies is not sufficient, such
compensation may be increased by the commission of fisheries, sub-
ject to the direction and with the consent of the governor.

Section 6. Of the revenue derived from this act, twenty-five thou-
sand dollars per annum shall be used for bacteriological sanitation or
biological work, any or all, as required by the State health commis-
sioner of this State for protecting and developing the oyster and clam
industry of Virginia, and the public health, and shall be expended
under the direction of the governor.

Section 7. The revenue derived from this act shall go into the
general fund and be appropriated out under the budget.

Section 8. All the rest and residue of the funds derived from the
tax imposed by this act shall be set up as a special fund in the budget,
to be known as the oyster repleting fund, to be appropriated and ap-
plied for the repletion of the depleted natural oyster rocks, shoals and
beds of this State. The money to be so appropriated and applied shall
be spent for seed oysters or oyster shells, or both, to be planted upon
such of the depleted natural oyster rocks, shoals, and beds, in the waters
of this State, and the expense attendant upon such planting, as may be
determined upon, from time to time, by the commissioner of fisheries,
by and with the advice of the oysters advisory commission, to be ap-
pointed by the governor, as is hereinafter provided, it being the intent
and purpose of this act to restrict the expenditure of all money re-
ceived, from any source connected with the oyster industry of this
State, now or hereafter, to the conservation and development of that
industry.

Section 9. The planting of such seed oysters or oyster shells, or
both, upon such depleted natural oyster rocks, shoals and beds, as shall
be designated, as provided in this act, shall be done under the super-
vision of the commissioner of fisheries, or one or more of his deputies,
selected by him; the oyster inspector of the district in which such
planting is to be done; and one or more practical oystermen, to be select-
ed by the commissioner of fisheries; and, in the event of any disagrec-
ment as to the method of planting between the parties so selected, a
meeting of the oyster advisory commission, as herein provided for,
shall be called for the purpose of settling the disagreement.

Section 10. The governor shall appoint, as soon as practicable aiter
this act is effective, three citizens of this Commonwealth, who shall
compose and be called the “oyster advisory commission,” to hold office
during the pleasure of the governor, and to aid and assist the commis-
sioner of fisheries in the discharge of his duties with respect to the
repletion of the depleted oyster rocks, shoals and beds, as herein pro-
vided.

Section 11. The members of the said commission shall be compen-
sated from the fund made up of the taxes collected for the repletion
of the natural oyster rocks, shoals and beds, of this State, as provided
for in this or any other act of the general assembly of Virginia, at the
rate of ten dollars per diem for the days they are actually in session,
not to exceed thirty days in any one calendar year, and in addition
thereto, they shall be paid for their actual expense of travel and sub-
sistence.

Section 12. The commissioner of fisheries shall have the power.
and it shall be his duty, to cause to be clearly marked the depleted
natural oyster rocks, shoals and beds, of this State, the repletion of
which is undertaken; and to cause a plat thereof to be made, and filed
or recorded in his office; to properly police the same; and to prevent
any oysters from being taken therefrom until such time as the corn-
mission of fisheries shall determine that such depleted area has grown
a crop of marketable oysters sufficient to open the same to the public.
Notice of the time when the public shall be permitted to work such
area shall be by printed hand bills, posted in the community surround-
ing the same, and in such other manner as the commissioner of fisheries
shall direct, for at least thirty days.

Section 13. The oyster advisory commission may meet at such time
or times, place or places, as it may determine upon, and the commissioner
of fisheries shall, when required so to do, meet with the said commission
and, further, he shall put at the disposal of the commission any boat
or vessel, belonging to the Virginia oyster navy which is not then
otherwise necessarily engaged, that may be required by the commission
to enable it to properly do its work.

Section 14. At any meeting of the oyster advisory commission.
herein provided for, two members may constitute a quorum for the
transaction of any business that may come before it or proper for it
to dispose of; and, at any such meeting, any one of the members may
be designated as chairman of that meeting, who shall sign the minutes
of the meeting. The clerk of the commission of fisheries shall act as
secretary of the oyster advisory commission, shall record the minutes
thereof in a book to be kept by him for that purpose, which shall,
when not in use, be kept in the office of the commission of fisheries.
open to public inspection as other public records. In the event that
the secretary of the commission of fisheries is unable to attend any
meeting of the oyster advisory commission, some one from the office
of the commission of fisheries shall be deputized by the commissioner
of fisheries to act in that behalf. .

Section 15. A complete detailed account of all expenditures made
hereunder, for the repletion of the depleted natural oyster rocks, shoals
and beds, in this State, shall be made and kept by the commission of
fisheries, and open to public inspection. The commission of fisheries
may employ such force, with the approval of the oyster advisory com-
mission, as may be necessary to carry out the provisions of this act,
or any other act of the general assembly of Virginia, which now, or
hereafter, may be in force or effect, relating to the repletion of the
natural oyster rocks, shoals and beds; of this State. All proper ex-
penses incurred in and about the repletion of the depleted natural
oyster rocks, shoals and beds, shall be paid out of the appropriation
herein referred to upon warrant of the comptroller, issued according
to law.

Section 16. Any person found guilty of violating any of the provi-
sions of this act shall, upon conviction thereof, be fined not less than
twenty nor more than two humdred dollars.

Section 17. All acts and parts of acts in conflict herewith are hereby
repealed.