CHAPTER 43

An Act to amend and reenact § 28-158 of the Code of Virginia, as
amended, as to dredging planting ground.
Be it enacted by the General Assembly of Virginia:

1. That § 28-158 of the Code of Virginia, as amended, 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 assign-
ment 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 * twelve months 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 planting ground for the cultivation of oysters
and may refuse to grant said permit if it 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 Com-
erate of Fisheries refusing to grant said permit as provided in

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

(8) 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 mainsail and jib, if operated by sail.

(5) Bond required.—Nor shall any person have or enjoy the priv-
ilege hereinbefore granted of 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 pertaining 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 en-
gaged in dredging or scraping shall employ, in whole or in part, any non-
resident 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 any 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
vperation 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.

Provided, however, that any equipment to be used in dredging, with
the permission of the Commissioner, shall not be carried on board the
boat of the licensee, or his employee, except when actualy in use, or going
to or coming from the grounds on which the dredging is to take place,
to and from the place where the boat is usually docked.

(8) Penalty for violation—Any person found guilty of dredging or
scraping oyster-planting grounds in this State, or of having in his pos-
session 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 dredging of oysters, including all buoys, lights, or otherwise,
without first obtaining written permission to do so from the Commis-
sioner of Fisheries shall be guilty of a misdemeanor.