CHAPTER 134

AN ACT to permit the use of certain devices for the taking of oysters
in the waters of the Potomac, to limit the use thereof, to provide
for the culling of oysters, to provide penalties for violations,
and to repeal certain acts.

[H 4]

Approved March 9, 1950

Be it enacted by the General Assembly of Virginia:
1. § 1. Handscraping, hand dredging or shaft tonging.—The tak-
ing of oysters within the limits of the Potomac River, exclusive of
its tributaries, over which Maryland and Virginia exercise con-
current fishing rights by virtue of the Compact of March 28, 1785,
shall be lawful from and including the fifteenth day of October of
each year, to but not including the first day of March of the follow-
ing year, if done by the method generally known as handscraping,
hand dredging or shaft tonging as hereinafter provided: such
handscraping, hand dredging or shaft tonging’ may only be done
by and with any device operated by hand, which shall include the
optional use of hand winders. The length and spacing of teeth in
any such device shall conform to regulations adopted by the Po-
tomac River Oyster Commission within reasonable limits for the
taking of oysters. The use of the device generally known as a
“diver” is hereby permitted. No device used to take oysters under
this act except shaft tongs shall measure more than thirty inches
from the outside tooth of the scrape, or dredge, bar to the other
outside tooth of such bar. It shall be unlawful for a boat to have
more than one handscrape or hand dredge aboard at any time,
nor shall there be aboard any boat within the above specified limits
of the Potomac River at any time any dredge, or scrape, which
exceeds, or does not conform to the requirements of this act or to
the regulations of the Commission. It shall be unlawful for any
boat, within the limits of the Potomac River, to be equipped for
taking oysters therein at any time with a mast, or boom, or power
winders, or patent tongs, or any other tackle or equipment for the
operation of a power winder dredge or of patent tongs. Each
person on any boat within the limits of the Potomac River which
is equipped in violation of any provision of this act shall be subject
to the penalties provided by section three hereof.

§ 2. Culling of oysters.—All oysters taken from the waters
of the Potomac River exclusive of its tributaries, including planting
grounds, shall be culled at the point where taken. All such oysters
which measure less than three inches from hinge to mouth, taken
from such waters, are hereby declared to be unmarketable oysters
and, together with all detached empty shells, shall be returned to
the water whence taken. All such oysters and detached empty
shells once passed from the cull board shall be considered as having
been culled and if it is found that such culled oysters contain more
than five per cent (5%) of unmarketable oysters and detached
empty shells, so ascertained by a reasonable inspection, the captain,
or person in charge of the boat on which such oysters and shells
are found, shall be guilty of a violation of this act and shall be
subject to the penalties provided in section three hereof. Possession
of such unmarketable oysters and detached empty shells in a boat
on any of the waters specified in this act shall be deemed prima
facie evidence that such oysters and detached empty shells were
taken from such waters.

It shall be a violation of this act for any person to buy, sell or
have in his possession oysters taken from the water specified in this
act which contain more than five per centum unmarketable oysters
and detached empty shells. Any person who is found on the shores
of the waters specified herein and who has in his possession more
than five per centum unmarketable oysters and detached empty
shells, shall be deemed prima facie guilty of a violation of this act
and the burden shall be upon such person to prove that such
oysters were not taken from the water so specified. Upon convic-
tion of such a violation, such person shall be subject to the penalties
provided by section three hereof.

Oysters which measure three inches from hinge to mouth and
to which a smaller oyster or shell is attached, shall not be con-
sidered an unmarketable oyster and, if the unmarketable oyster or
shell is still attached at the time of inspection, shall be considered
as having been culled in accordance herewith.

It shall be a violation of this act for any captain, or person
in charge of any vehicle, boat, or other vessel, to fail or refuse to
stop upon a suitable signal being given to that effect by a duly
authorized officer, or to fail or refuse to permit inspection of such
vehicle, boat, or other vessel, and its contents. Any person violat-
ing this provision shall be punished as provided in section three
hereof.

§ 3. Jurisdiction and penalties—Any citizen of either State
who violates the laws which the Commission is empowered to en-
force shall be considered guilty of violating the laws of the State
of which he is a citizen and shall be prosecuted according to such
laws in the appropriate court of his State. Any person who vio-
lates any of the provisions of the laws which the Commission is
empowered to enforce shall be fined for each such violation not
less than one hundred dollars nor more than five hundred dollars
for the first offense, and not less than two hundred dollars nor
more than one thousand dollars for the second and each subsequent
offense. Provided, that no person shall be deemed to be a second
or subsequent offender if such person has not been fined within a
period of three years for violating any of the laws which the Com-
mission is empowered to enforce. Furthermore, a third conviction
within a period of three years shall operate as a revocation of the
license of such convicted person and the court shall upon such con-
viction require the guilty party to forthwith surrender his license
and shall notify the Commission of its action. No license thus re-
voked shall again be issued to such an offender until such a time
as may be determined by the Commission. In addition, all oysters
of which more than five (5%) per centum unmarketable oysters
or detached empty shells are a part, shall be forfeited to the Com-
mission and disposed of as it deems proper. If the person owning
such oysters insists, he may have all such oysters culled under
the supervision of and by impartial persons selected by the inspect-
ing officer. Upon the completion of such culling, the inspecting
officer shall give to such owner a certificate specifying the total
number of tubs of oysters culled and the number of tubs, or per-
centage, of unmarketable oysters and detached empty shells. [f,
upon completion of such culling, such oysters meet the require-
ments of this act, the expense of such culling shall be borne by the
Commission. If the results of such culling prove the violation of
this act, the expense of such culling shall be borne by the owner
or person charged with the violation. Such owner, in such case,
may waive trial and elect to pay the minimum fine for which he is
liable and all of the oysters, both marketable and unmarketable,
shall be returned to a bar or area of the Potomac River as directed
by the inspecting officer. Proper evidence of such culling and re-
ceipt of any fine paid shall be given by the inspecting officer to
the violator. Such voluntary payment shall have the same effect as
a conviction by a court and upon a subsequent violation of any
law which the Commission is empowered to enforce such person
shall be liable as a second offender.

§ 4. All acts or parts of acts in conflict herewith are repealed

to the extent of such conflict. Provided, however, that nothing here-
in shall be deemed to alter, amend, abridge or repeal any of the
provisions of the Compact of March 28, 1785.
2. An emergency existing, this act shall become effective im-
mediately upon its passage, provided the State of Maryland has
enacted similar legislation, or when the State of Maryland does
enact similar legislation, and shall remain effective so long as
similar legislation exists in both States. Provided further, how-
ever, that under no circumstances shall this act become effective
until the Potomac River Oyster Commission has been created by
the legislatures of both States.