CHAPTER 477

An Act to amend and reenact § 28-158, as amended, of the Code of Vir-
ginia, relating to dredging oyster planting grounds. CH i
587

Approved March 29, 1958

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 (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 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 satisfac-
tion 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
ie 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 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 mainsail and jib, if operated by sail.

(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 Fish-
eries, 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 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.

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 actually 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 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 dredging of oysters, including all buoys, lights, or otherwise, without
first obtaining written permission to do so from the Commissioner of
Fisheries shall be guilty of a misdemeanor.