The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-08-02
THE NEW OYSTER LAW.
PROVISIONS or THE BILL NOW BE-
FORE THE LEGISLATURE.

ESRZ LGGlSL Hh.
The Use Of Natural Beds Restricted
The Limit Within Which Daep Waite
Leases May be Granted Lessened
Natural Beds Defined and Protection
Provided Against Robbery-The Bill
an Important One to the Oyster In
dustry.
The bill to amend the state oyster laws il
accordance with the recommendations 0
the oyster commission appointed by tn
governor to investigate the needs of the in
dustrY has been read twice and is now o
its third reading. The committee on agri
culture to which the bill was referred, tn
largest committee in the House, uuani
mously recommended its passage.
The bill is Of considerable interest &c
many people in this section of the
state. as 1t makes some important
changes in the existing law. The
act amends the law by restricting the use
Of natural beds, by showing the method OF
stalking, By removing restrictions upon sun
leasing, by lessening the limit within Whlcn
deep water leases may be granted, by reRn,
lating tho buOys, by providing what shali
be evidence of natural oyster beds and OF
vacant land, and by requiring lights upon
boats engaged in night work, and prescrlD-
ing punishment for violation OF the act
PROTECTION FOR THE BEDS.
Section l makes it unlawful for any per-
son or corporation engaged 10 any other
state in the business OF shipping or canning
oysters to procure oysters FROM the natural
beds of the state.
Section 2 amends the law for the leasing
of fve-acre lots for oyster purposes by
striking out the words "low tiden and in
sorting in lieu thereof high water in all
cases where the leased ground is opposite
the public marshes of this state, and in all
other cases where tue consent of the ad-
lacent land owners can be obtained"
The amended section provides:
That the county commissioners In each of the
counties, or where there Ia no board of county
commissioners then the ordinary for the
certain territory in any OF the navlgable
waters OF this state, and within a dis
tance o. 1000 feet from the shore, at
ordinary mean low tide, upon satisfactory
proof on hearing had before the county com
missioners or ordinary, that such territory has
been duly staked off at the line of ordinary
mean high water, in all cases where the leased
ground is opposite the public marshes of this
state, and 10 all other cases where the consent
of the adjacent land owners can be
obtained, for a period OF thirty days
before the hearing of such application,
shall execute a lease for twenty years, with q
privilege Of renewal for thirty years more, to
such applicant as may first apply for such ter
ritorY not already appropriated, where there
are no natural public beds which have, prior TO
the application, been Tesorted to by the public
for the purpose of procuring oysters with the
use OF tongs for consumption or sale.
The person who has already plan ted
grounds in any county has the prefere nee
In obtaining lease in that county.
THE STALKING OF LEASED BEDS.
Section 8 also amends "low tide" to "high
water" II provides for the stalking of the
leased lots by the use OF posts not less than
six feet above ground, with board at
tached at intervals Of 100 yards along the
line Of ordinary mean high water of the
planting ground in all cases where the
leased ground is opposite the public
marshes aud In all other cases where the
consent Of the adiacent land owners can be
obtained.
Section is one Of the most important
OF the whole bill and provides for the ad-
dltlon of new section TO the present act
which reads as follows:
Whenever It is impracticabe to obtain, as
provided for in section 8, as much as 800 acres
OF continuous territory within the lines 1000
feet from mean low water then the person or
persons applying for the lease under said sec
ton 9may make up the deficit by extending the
erea to low water mark opposite the public
marshes and TO point within 100 feet
habitabie Highlands where there are
no natural beds, and the county commissioners
or ordinary shall grant leases to such extended
territory applied for, agRregating not more
than 500 acres, including the territory already
granted. II impracticable TO maintain the
huoys in position in consequence of the strength
OF the current or for other causes, ranges and
range stakes, il shown on the surveys recorded
he q arb Of ha
shall be deemed sufficient
This amendment will be of great advant-
age to the oyster companies, as it removes
unnecessary restrictions and enables them
to take up lands in larger bodies for oyster
culture.
ENSIGN BRAKES SURVEY ADOPTED.
Section 10 provides for the maintenance
OF the natural oyster teds of the state and
the adoption of the United States coast and
geodetic survey, known as bulletin No, 10,
showing the natural beds and other
lands suitable for oyster cultivation
along the coast with the provision
that wherever beds shown by the bulletin
TO be natural beds shall, rs matter of fact,
not extend below low water mark, then tSe
territory below low water mark shall never
theless DO open to lease under the terms of
this act. Except, as herein stated, it shall
not be lawful for the county commissioners
or ordinary to grant leases to any ground
shown on said bulletin No. 10 to contain a
natural bed, and it shall be lawful for them
TO grant leases to any or all territory
indicated upon said bulletin No. 10 as va
cant"
Section II provides that it shall not be
lawful to tong OF ca Gu oysters between sun
set and sunrise, unless an unobstruoted light.
SIX feet above the gunwale, be carried on
board the toats used for such purposes, and
any person who shall be convicted of a vio-
lation OF this section shall lie punished as
prescribed in section 1910 of the Code.
This is to prevent the robbing of beds by
parties at night.
The bill will be Of great advantage to the
companies in the oyster business enabling
them TO take up larger bodies of land ana
TO extend their control from low water
mark to high water mark.
1t is also highly approved
of by those who are largely interested in
maintaining the natural oyster beds, as it
distinctly defines the limits and position Of
all the natural oyster beds along the coast,
and by means of this chart persons and
will be prevented from taking
up any Of the natural oyster beds which
have been set aside as public property.