CHAPTER 642

An Act to amend and reenact § 28.1-97 of the Code of Virginia, relating
to permits to buy or carry seed oysters from certain grounds.

[S 287]
Approved April 6, 1966

Be it enacted by the General Assembly of Virginia:

a That § 28.1-97 of the Code of Virginia be amended and reenacted as
ollows:

§ 28.1-97. —(1) Permit required.—It shall be unlawful for any
person, without first having obtained a permit therefor, as hereinafter
provided, to buy or carry oysters to be planted in this State, whose shells
measure less than three inches in length, from the eastern side of Accomack
and Northampton counties, or from James River above the seed line, as
heretofore established. Any person desiring to buy or carry such oysters,
from such localities to be planted in this State, shall first obtain for each
cargo a permit therefor from the inspector for the district wherein such
cargo is loaded, or from an officer of a police boat, for each boat, vessel,
or motor vehicle to be used, which permit shall state the name and tonnage
(if registered in the customhouse), of the boat, vessel, or motor vehicle,
or other conveyance, the name of the owner and master thereof, and to
what place in this State, it is intended to carry such oysters in such boat,
vessel, or motor vehicle, and * may be loaded under the supervision of the
inspector, and in the order of the presentation of the permit to the inspec-
tor in the seed oyster district in which such boat, vessel, or motor vehicle
or other conveyance is, to obtain its cargo. Such permit shall further
certify to the identity and residence of the person making application
to buy or carry such oysters.
(2) Oath required.—Before such permit shall be granted, the owner,
operator, or mate of such boat, vessel, or motor vehicle shall make oath
before the inspector or officer of a police boat that the boat, vessel, or motor
vehicle or other conveyance will not be used for the purpose of carrying
seed oysters measuring less than the size aforesaid out of this State, and
that he will not sell such oysters to any other person for the purpose of
carrying the same out of the State. The oath so taken and subscribed,
together with a memorandum of the permit issued, shall be returned by
the inspector or officer of a police boat to the Commissioner, to be filed
in this office.

(3) Penalties for violations.—If any person in charge of a boat,
vessel, motor vehicle or other conveyance, obtain a permit to take seed
oysters to some place in this State, and thereafter take said seed oysters
to another place in this State, unless within twenty-four hours after taking
said seed oysters he shall notify the Commission of the place in this State
to which said seed oysters are to be taken or were taken, or if he take said
seed oysters out of this State, shall be guilty of a misdemeanor. The owner
or master of any boat, vessel, or motor vehicle or other conveyance found
buying or carrying seed oysters from the place aforesaid to any point in
this State without a permit therefor shall be guilty of a misdemeanor.