The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-07-25
TO PROTECT OYSTER FISHERIES
r. FALLIGANT,
Judge E. j. c. of Ga.

And to Encourage the Cultivation of
Oysters i'll Georgia Waters.
The following bill has been offered as q
substitute for the Oemler oyster bill:
SECTION /. It shall not be lawful to pick, tong
dredge or in any other manner take or catch
oysters from the public beds in any of the
waters Of this state, from the first day of May
TO the thirty-tlrst day of August inclusive, of
each and every year, except for the purpose of
replanting the same in the waters of this state ;
nor shall 1t be lawful for oysters to be taken for
any purpose during any season from one hour
after sunset on Saturdays until one hour before
sunrise on the succeeding Mondays
Sec. 2. 1t shall not be lawful to rough or
take or catch oysters from any of the public
DedS within the waters of this state un ess the
same shall be culled over the beds from which
tney may be taken, except when the weather is
such as to render it dangerous to remain at the
beds; provided that the torn of this section
snail not apply to the taking of oysters for the
purpose OF replanting the same in any of the
waters Of the state.
Sec 3. Section 1918 of the code of 1882, pro-
Vlding in what manner oysters may be taken,
shali be amended by striking therefrom all the
WordS after the words in general use for
taking oysters in lines four and five, and the
inserting in lieu thereof the following words,
to-wlt: Except within waters more than
20 teet distant from the shore line, at
ordinary mean tide, and when private beds,
lawfully staked out, are not thereby encroached
upon; provided, that oysters may be taken by
any means or device from any public bed within
SAID limit Of 70 feet, upon the consent and APP
proVal or the county commissioners for the
county OF the coast of which such beds may be
located, or upon the consent and approval of
Inc ordinary for those counties which may
have no board Of county commissioners which
consent shall be given in all cases in which ap-
pcatlon is made for the purpose of trans
planting oysters from such beds as are not
resorted to by the public for the purpose of
procuring oysters" SO that said section as
amended, shall read as follows: 1T shall not
Do lawful to take or catch any oysters in
any OF the waters of this state with or by a
scoop, rake, drag or dredge, or by the use of
any other instrument than the oyster tongs
heretofore IN general use for taking oysters
except within waters more than rs feet distant
from the shore line at ordinary mean tide, and
Wnen private beds, lawfully sUaked out, are not
thereoy encroached upon; provided, that
oysters may be taken by any means or device
from any public bed within said limit OF rs feet,
Upon the consent and approval Of the county
commissioners for the county off the coast OF
whlch sad beds may be located, or upon the
consent ana approval of the ordinary for those
counties which may have no boards of county
commissioners, which consent shall be given in
all cases i'll which application is made for the
purpose of transplanting oysters from such
beds as are not resorted to by the public for the
purpose OF procuring oysters"
!, SEC. s. Any person violating any or either OF
the three foregoing sections of this act shall
upon upon conviction be deemed guilty of a INSIDE
-A4NA4Ni anu oltti De punished as prescribed in
section 1910 OF the Code Of 1882
: SEC b. Section 1921 of tie Code of 1882 con
Ierring exclusive right on certain landowners
shall be amended by striking out the words
one hundred and twenty feet s in line three of
SAID section, and substituting therefor the
words "one hundred and thirty feet" so that
sald section when amended, shall read as fol-
lows: When oyster banks, or beds Of oysters,
or natural formation, be within rivers or creeks
OF Ghis state, not exceeding 100 feet in
Wiuth, and not used for purposes
OF navigation, thepersons hatihg the ownership
OF the Lands upon both sides OF such creeks or
rivers shhll have the exclusive right to the
usuItfuctpf such banks or beds Of oysters afore-
SEC 2, The county commissioners in each Of
saul counties, or where there is no board Of
county commissioners, then. the ordinary for
saiQ GO lnty upon application of any person for
gerIalL territory opposite the public marshes Of
LIS ~ te and within distance of 100 feet from
oue shtre, at ordinary mean tide, shall execute
q lease for ten years, with privilege of renewal
t a te years more, to such applicant as may
Il apply for such territory not already an
proprl1ted, at an annum rental at the dscre-
tl9n OF the authority executing said lease: pro-
SIusa, however, that any person who has al
10y PLANTED any ground within said county
--'1A1 nave the preference IN obtaining a lease