Chap. 275.—An ACT to amend and re-enact Section 3208 of the Code of Virginia,
as heretofore amended, relating to taking shellfish from the natural rocks, beds
or shoals in the waters of the Commonwealth, so as to permit the use of patent
tongs in certain waters of Chesapeake Bay during certain months of the year.

[H B 345]
Approved March 20, 1942

1. Be it enacted by the General Assembly of Virginia, That section
thirty-two hundred and eight of the Code of Virginia, as heretofore
amended, be amended and re-enacted, as follows:

Section 3208. Taking Oysters From Natural Rocks; Closed Sea-
son; Penalty.—It shall be unlawful 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 June
to the first of October 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, the prohibited time shall be from
the first day of April to the first day of October ; and in James River be-
low the seed line, as established, the prohibitive time shall be from the first
day of April to the first day of October ; and in the James River above the
cH. 275] ACTS OF ASSEMBLY

seed line, as established; and that in Broad Bay, Long Creek, Linkhorn
Bay, or in any of the tributaries thereof in the county of Princess Anne,
the prohibited time shall be all the year, except 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 or clams, the same shall be prima
facie evidence of the violation of this section by the person so found there-
upon, unless such person possesses a license to take or catch clams 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 pur-
pose of taking or catching oysters, shells, or clams from the natural rocks,
beds, or shoals of the State at any time, except during the months of Oc-
tober, November and December of each year, and except that in the
waters on the western side of the Chesapeake Bay between Smith’s Point
and Windmill Point, where the use of patent tongs is now permitted,
such patent tongs may be used during the months of January, February,
October, November, and December of each year. It shall not be lawful tor
any person to use patent tongs in the waters of the James, Nansemond,
East, or Piankitank Rivers at any time, and in the Rappahannock River
the use of patent tongs shall not be permitted above a line drawn from
Towles Point on the north side of the Rappahannock River to Burhan’s
wharf on the south side of said river, but the use of patent tongs below
said line may be permitted with the consent of the commission, except that
it shall be lawful to take clams with patent tongs in the channel of the
James River in water not less than twenty feet in depth between Newport
News point and the upper end of the Newport News Ship Building and
Dry Dock Company’s plant. The Commission of Fisheries is hereby au-
thorized, in its discretion, to prohibit the use of patent tongs at any time
in the taking of oysters, clams, or shells from the natural beds, rocks, or
shoals in the waters of the Commonwealth or in the waters under the
jurisdiction of the Commonwealth. A person violating any of the pro-
visions of this section, or any order of the Commission of Fisheries pro-
hibiting the use of the patent tongs, shall upon conviction thereof be fined
not less than twenty-five nor more than one hundred dollars, and be con-
fined 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 the said planted oysters during the
day time, or from shipping the same to market at any time. ,
The commission after public hearing is hereby authorized and em-
powered to make such rules and regulations, and at any time, to modify
the same, prohibiting or restricting the taking or catching of fish and all
shellfish or any one or more of the aforesaid specified classes, or the meth-
od by which the same shall be taken, the closing or opening of any speci-
fied 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
regulations 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 oyster inspector 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 conclusive evidence thereof; pro-
vided, however, that should the commission, in the exercise of the au-
thority hereby given, by. rule or regulation, so prohibit or restrict the tak-
ing of fish or other shellfish to such an extent that the industry affected
by such rule or regulation of necessity will have to suspend operations, in
that event the commission shall suspend the enforcement of such rule or
regulation until the adjournment of the next General Assembly of Vir-
ginia.

No action shall be taken under this section until after the 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.

Provided, further, that the Commission of Fisheries is hereby au-
thorized to regulate the setting of any device for the purpose of taking
or catching fish as in their discretion is to the best interests of the industry,
and such regulation to have the full force and effect of law, and provided
further, this section shall not apply to the Potomac River.