The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1906-05-04
CHAPTER ASS.

An Act to Regulate the Taking of
Oysters in the Potomac River
Section l. BE it enacted by the
General Assembly of Maryland, That
all oysters taken from any natural
rocks, beds or shoals in the waters OF
the Potomac river, shall be culled on
their natural rocks, beds or shoals as
taken, and oysters whose shells meas
ure less than two and one-half inches
in length, measuring from hinge to
mouth, and all shells shall be includ-
ed in said culling and replaced upon
said rocks. beds or shoals, provided
that oysters once passed from the cul-
Ter less than the prohibited size. and
all shells shall be considered as not
having been culled. according to the
provisions of this Act: provided, that
when small oysters are adhering so
closely TO the shell of a marketable
oyster as to render removal impossi-
Bile without destroying the young oys-
ter. then il shall not be necessary to
remove il. And IL shall he unlawful
for any person to take. buy or sell the
small oysters and shells from the ma
tuTai rocks. beds and shoals as afore-
said. or To take buy, or sell or have
in possession oysters less than two
and one-half inches in length from
hinge 10 mouth. Whenever any in
spector or other officer shall have rea-
son TO believe that this Act has been
violated with reference to the culling
of oysters, said inspector or other Of
icer. is hereby authorized to examine
the cargo OF any boat or vessel and
II upon examination OF said cargo, the
said inspector or other officer, shall
find that five per centum or more of
said cargo shall consist of shells and
oysters whose shells measure less
than two and one-half inches In
length. measuring from hinge TO
mouth. the captain of the boat or
other person in charge OF said boat.
shall Ice deemed to have violated this
Act. and upon conviction. II a dredge-
boat or a yender of oysters, shall be
fined not less than one hundred dol
lars nor more than two hundred and
fifty dollars. and confined in Jail not
less than thirty days or more than six
months, And said cargo confiscated
and returned To the natural beds I'M
der the supervision OF the oyster in
specior or other officer making the
arrest. and the boat or vessel on
which said oysters are found. shall be
AiElN as security thE the payment
said fine. il boat In which only oys-
ter tongs are used. the said captain
or other person In charge, shall be
fined not less than fifty dollars nor
more than one hundred and twenty
five dollars, and confined in Jail not
less than fifteen days nor more than
three months. and said cargo confis.
Gated and returned to the natural
hsaffG nndaF tho rNfz of
ter Inspector or other officer making
the arrest. And the boat or vessel
on which said oysters are found shall
be held as security for the payment
OF said fine: provided. however, that
when any person shall be found with
oysters in violation of this Act. he
shall be presumed To be a dredger or
yender OF oysters. and II he claims
to be a longer. the burden shall be
upon said person To show that he is q
longer. Because of the necessity that
legislation regulating the taking of
oysters in the Potomac river shall be
concurrent as to the States of Mary
land and Virginia. ii is further pro-
vided that this Act shall take effect
from the date of its passage. provid-
ed concurrent legislation has hereto
fore been passed by the General AS
sembly of Virginia or IL not passed
then Immediately upon the passage
thereof.
Section 2. And be il enacted. That
upon the taking effect in the State OF
Virginia of the provisions prescribed
in the preceding section. the Cover
nor of Maryland shall Issue his pro-
clamation declaring the provisions OF
this Act to be effective.
Approved. April ). 1906