CHAPTER 643

An Act to amend and reenact § 28-158, as amended, of the Code of Vir-
ginia, relating to dredging of oyster planting ground. '
[S 445]

Approved April 4, 1952

Be it enacted by the General Assembly of Virginia:

1. That § 28-158, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 28-158. Dredging planting ground.—(1) Permit required.—It shall
be lawful for any resident of this State holding under legal assignment
oyster planting ground and having paid the rent therefor, to dredge or
scrape the same at any time, except on Sunday or at night; provided he
obtain from the Commission of Fisheries a permit to do so, such permit
to show date of issue and date of expiration, which expiration date shall
not be * more than thirty days from date of issue and may be renewed for
like periods from time to time; and provided, further, that the Commission
may after a hearing refuse to grant a permit or renew the same to dredge
or scrape any oyster planting ground unless it be proved that the holder
thereof has planted seed oysters or shells thereon and is using said plant-
ing ground for the cultivation of oysters and may refuse to grant said
permit if 1t appears to the satisfaction of the Commission at said hearing
that the holder of said ground is an habitual violator of the seafood laws;
provided further that applicant for said permit shall have the right of
appeal from any decision of the Commission of Fisheries refusing to grant
said permit as provided in § 28-135.

(2) Revocation of privilege.—Such privilege of dredging or scraping
such oyster planting ground may be revoked in any case by the Commis-
sion of Fisheries, or Commissioner, whenever, in its judgment, it may be
proper or necessary to do so.

(3) Marking ground.—No person shall have or enjoy the privilege
hereinbefore granted of dredging or scraping his oyster-planting ground
unless he shall have first properly designated and marked the oyster lines
of his planting ground by placing prominent and fixed buoys thereon by
means of anchors, or in any other manner sufficient to hold them in place,
such buoys to be so many inches in diameter and to extend so far above
water as the Commission of Fisheries or the Commissioner, may direct,
and the same shall be kept up and maintained so as to distinctly mark the
outer line or lines of such planting ground. The buoys shall be painted
white, and shall have the initials of the person or firm whose property they
are placed upon them near the top, in black letters, of not less than five
inches in length.

(4) Marking boats.—Such initials shall also be placed upon each side
of the prow of any boat or craft used or employed in dredging or scraping
such planting ground, if propelled by motor or upon opposite sides of main-
sail and jib, if operated by sail.

(5) Bond required.—Nor shall any person have or enjoy the privilege
hereinbefore granted or dredging or scraping his oyster-planting ground
unless and until he enter into a bond before the clerk of the county in
which he resides in the sum of five hundred dollars, payable as required
in § 49-12, upon condition not to violate the provisions of any laws per-
taining to the dredging or scraping of planting ground. Such bond shall
remain in force for the calendar year in which issued and no further bond
shall be required under this section while the same is in force.

(6) Nonresident crew, etc., prohibited.—_No person or firm so engaged
in dredging or scraping shall employ, in whole or in part, any nonresident
crew, unless by written permission of the Commissioner of Fisheries, or
employ any boat or craft of any kind owned, in whole or in part, by an
nonresident of this Commonwealth in the dredging or scraping of such
oyster-planting ground.

(7) It shall be unlawful for any person or persons to have in his or
their possession, or on his or their boat, whether such boat be in operation
or not, in any of the tidal waters of the Commonwealth of Virginia any
equipped dredge, scrape or other instrument of like nature, or device, of
any kind used in the dredging of oysters, including all buoys, lights or
otherwise, without first obtaining written permission to do so from the
Commissioner of Fisheries.

(8) Penalty for violation.—Any person found guilty of dredging or
scraping oyster-planting grounds in this State, or of having in his posses-
sion or on his boat, whether such boat be in operation or not, in any of the
tidal waters of the Commonwealth of Virginia any equipped dredge, scrape
or other instrument of like nature, or device of any kind used in the dredg-
ing of oysters, including all buoys, lights, or otherwise, without first ob-
taining written permission to do so from the Commissioner of Fisheries
shall be guilty of a misdemeanor.