Chap. 249.—-An ACT to amend and re-enact section 3240 of the Code of Vir-
ginia, relating to the taking of oysters, fish, crabs, clams and all other
shell fish. [S B 126]

Approved March 24, 1930

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

Section 3240. Hereafter it shall not be lawful for any person to
take or catch oysters from any of the natural oyster beds, rocks or
shoals in any of the waters of this Commonwealth, with tongs, or any
other way, from the first of May to the fifteenth day of September of
each year; provided, that in all the waters of Virginia on the western
side of the Chesapeake bay from Mobjack bay and its tributaries to the
Potomac river (exclusive), the prohibited time shall be from the first
day of April to the first day of October, and in the Potomac river the
prohibitive time shall be from the first day of April to the first day of
October ; and in James river below the seed line, as established in sec-
tion thirty-two hundred and forty-four, the prohibitive time shall be
from the first day of April to the fifteenth day of September; and in
the James river above the seed line, as established in section thirty-two
hundred and forty-four; and on, the eastern or ocean side of Accomac
and Northampton counties, the prohibited time shall be from the first
day of May to the fifteenth day of September, and that in Broad bay,
Long creek, Lickhorn bay, or in any of the tributaries thereof in the
county of Princess Anne, the prohibited time shall be all the year, ex-
cept the months of October and November, and that in the waters of
Pocomoke sound the prohibited time shall be from the first day of
April to the first day of October in each year. And if any person be
found upon the natural rocks, beds or shoals of this Commonwealth
during the prohibited season with tongs or other device for taking or
catching oysters, the same shall be prima facie evidence of the violation
of this section by the person so found thereupon, unless such person
possesses a license to take or catch clams or crabs with such tongs or
other device during such prohibited season. And it shall not be lawful
for any person to use or employ patent tongs for the purpose of taking
or catching oysters or shells from the natural rocks, beds, or shoals of
the State at any time except during the months of October, Novemer
and December of each year, nor for any person to use patent tongs in
the waters of the James, Nansemond, East or Piankitank rivers at any
time. The commission of fisheries is hereby authorized in its discre-
tion to prohibit the use of patent tongs at any time in the taking of
oysters from the nature oyster beds, rocks, or shoals in the waters of
the Commonwealth, or any of them. A person violating any of the
provisions of this section or any order of the commission of fisheries
prohibiting the use of patent tongs, shall upon conviction thereof, be
fined not less than twenty-five dollars, nor more than one hundred
dollars, and be confined in jail not less than ten days nor more than six
months. This section shall not be construed as prohibiting the owner
of planted oysters from working on or changing the location of said
planted oysters or from shipping the same to market at any time at
the option of the owner.

The commission after public hearing is hereby authorized and em-
powered to make such rules and regulations, at any time to modify the
same, prohibiting or restricting the taking and catching of fish, crabs,
oysters, clams, and all other shell fish, or any one or more of the afore-
said specified classes, the closing or opening of any specified area, for
the taking or catching of same, or any one or more of them, or any
devices or methods used in connection therewith, which rules and regu-
lations shall have the full force and effect of law; and any violation
thereof is hereby declared to be a misdemeanor and punishable as such.
Before, however, such rules and regulations shall be effective they shall
be posted, by the ovster inspectors, or deputies, in two or more public
places in each inspection district where applicable for at least ten days;
and a certificate of such oyster inspector or deputy, showing that the
same has been posted, is hereby declared to be sufficient evidence there-
of ; provided, however, that should the commission, in the exercise of the
authority herein given, by rule or regulation, so prohibit or restrict the
taking of fish, crabs, oysters, clams or other shell fish to such an ex-
tent that the industry affected by such rule or regulation of necessity
will have to suspend operations, in that event, the commission shall sus-
pend the enforcement of such rule or regulation until the adjournment
of the next general assembly of Virginia.

No action shall be taken under this section until after said public
hearing which shall be held after advertisement of the time, place and
purpose thereof for two successive weeks in at least three newspapers
circulated in the tidewater section of the Commonwealth.