Chap. 411.—An ACT to make it unlawful to take oysters, or to purchase oysters
taken from the public oyster rocks, beds and shoals, or from certain leased
oyster grounds, or to buy shell oysters taken from such rocks, beds and
shoals without a permit; to provide for the inspection of such oysters; to
prescribe a tax on oysters taken from such rocks, beds and shoals and pro-
vide for the disposition of the revenue derived therefrom; to prescribe pen-
alties for violations thereof; and to repeal an act 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,
and all acts amendatory thereof. [S B 319]

Approved March 30, 1934

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. It shall be unlawful for any person, firm or corporation,
to take, or to purchase oysters taken from the public oyster rocks, beds
and shoals of this State, or taken from any oyster grounds, leased by
the Commonwealth, for market 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, beds and shoals,
of this State, or from any oyster grounds, leased by the Commonwealth,
until a permit has been obtained from the Commissioner of F isheries,
or from the oyster inspector of the district in which the ground from
which the oysters to be taken lie, or from the captain of any oyster po-
lice boat of this State. The commissioner, or any inspector. deputv. or
captain of any oyster police boat of this State shall have the right, at
all times, to inspect any of the oysters taken from any of the public oy-
ster rocks, beds and shoals of this State or from any of the oyster
grounds, leased by the Commonwealth, loaded on any boat or vessel, or
sold to any person, firm or corporation wherever they may be, as to the
quality or measure, and from such inspection, the owner or master of
such boat or vessel, or any other purchaser, shall pay a tax to the com-
missioner, or to any inspector, deputy, or State oyster police boat cap-
tain, designated by the commissioner to receive the same; and for such
inspection, as is herein provided for, the owner or master of such boat
or vessel, or the purchaser of any oysters taken from the public oyster
rocks, beds and shoals of this State, or from any oyster grounds, leased
by the Commonwealth, shall pay a tax to the commissioner, or to the
person so authorized to receive the same, of not less than one nor more
than two cents per bushel on each bushel of oysters taken from the
public oyster rocks, beds and shoals of this State, or from any oyster
ground, leased by the Commonwealth, it being the intent and purpose
of this act to impose a tax upon all the oysters taken from the public
oyster rocks, beds and shoals of this State or from any oyster grounds,
leased by the Commonwealth, located therein. There is excepted from
the imposition of the tax aforesaid all oysters, which are to be replanted
in any of the waters of this Commonwealth. A strict account of all
oysters taken from the waters of the Commonwealth beds and shoals
of this State, and from any oyster ground leased by the Commonwealth,
by other than buy boats, shall be kept by the purchasers and packers
and the tax on same shall be paid, by such purchasers and packers, as
herein provided, between the first and tenth of each month, immediately
following that in which such purchases were made. Such purchasers
shall obtain permits, monthly, to buy such oysters, as herein provided
for, and they shall keep an accurate and complete itemized daily record
of all such oysters purchased, in a book to be kept for that purpose,
which book shall be, at all times, open for inspection by the com-
missioner, or any person designated by him to inspect the same; and,
a failure to keep such record shall be unlawful and shall be punished
as hereafter provided.

Section 2. It shall be the duty of the oyster inspector, in whose dis-
trict a cargo of oysters is to be loaded, to inspect 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 shucking 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 cer-
tifying over the signature of the Commissioner of Fisheries, counter-
signed by the inspector or police captain, that the tax on each load is
paid, a copy of which said certificate shall be sent to the office of the
Commissioner of Fisheries.

Section 3. When at any time there is to be loaded in any one district
more than one vessel at the same time, the inspector is empowered to
appoint a sufficient number of deputy inspectors for the purposes herein-
before set forth; and on or before the tenth of each month the inspector
shall render a statement to the commissioner, on blanks furnished by
the commissioner, showing the amounts collected, from what vessels
collected, and to whom paid.

Section 4. All taxes collected from the above inspection shall be
forwarded by the inspectors to the commissioner with his other collec-
tions.

Section 5. Of the revenue derived from this act, after deducting
ten per centum to be credited to the Commission of Fisheries fund to
reimburse the said Commission of Fisheries for the additional cost in-
curred in collecting said revenue, twenty-five thousand dollars per an-
num, or so much thereof as may be necessary, shall be used for bacte-
riological sanitation or biological work, as required by the State Health
Commissioner of this State, for protecting and developing the oyster
and clam industry of Virginia, and the public health, and shall be ex-
pended under the direction of the Governor.

Section 6. The revenue derived from this act shall go into the gen-
eral fund and be appropriated out under the budget.

Section 7. Thirty days prior to the opening of the oyster season the
Commission of Fisheries shall designate a tax, not less than one cent
nor more than two cents per bushel, to be collected by the inspectors,
police captains, or other persons authorized to collect same, sufficient
to cover the fifteen thousand dollars to be appropriated to the Health
Department, and ten thousand dollars for the purchase of shells for
purpose of repletion, and should it appear to the Commission of Fish-
eries between the first day and the fifteenth day of January of the fol-
lowing year, that the tax so levied, based on the number of bushels ex-
pected to be handled, will not be sufficient to raise twenty-five thousand
dollars, after deducting ten per centum to pay the cost of collecting
same, they are hereby empowered to raise the tax to a sufficient rate,
not to exceed two cents per bushel, to take care of the apparent defi-
ciency, and should there be collected during that season an excess over
the amount required by the Health Department, and repletion, after
deducting the ten per centum to pay the cost of collection, this amount
shall be held in trust, and be taken into consideration when the rate is
set for the following oyster season.

Section 8. The Commission of Fisheries shall study the anticipated
demand for oysters in the following season, and shall levy only a suf-
ficient tax of not less than one nor more than two cents per bushel in
order to raise only, or approximately a sufficient amount to cover the
appropriation of twenty-five thousand dollars, and ten per centum for
collecting the same.

Section 9. Any person who shall violate any of the provisions of this
act shall, upon conviction thereof, be punished by a fine of not less than
twenty dollars nor more than two hundred dollars.

2. Be it further enacted, that an act 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 twenty-fourth, nineteen hundred and twenty-six, and all acts
amendatory thereof, be, and the same are hereby, repealed.