The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-03-09


In its own waters, shall be considered
guilty Of violating the laws OF the
State of which he is "A citizen, ana
shall be prosecuted according TO such
laws. IT shall not be lawful Tor any
person to take or catch fish. except by
hook and line, or oysters or crabs IN
any manner whatever In the waters
OK the Potomac river uulcss he be
citizen OF Maryland or OF Virginia.
and shall have been a resident of the
State OF which he is a citizen ror
twelve months Immediately preceding.
Any such nonresident violating this
section shall be subject to fine OF
$500: furthermore any vessel. Win its
equipment and cargo. or any net or
other appliances used In violating this
section, shall be deemed forfeited 10
the State.
2. Restrictions as to the time and
manner of taking oysters.-It shall not
be lawful for any citizen of Maryland
or of Virginia to take or catcn oys-
ters with Ii scoop. scrapc, drcdGe, or
any such instrument in the waters
of the Potomac river between the 10th
day OF March and the ST day OF No.
vember OF each year; 1t shall not De
lawful for any citizen OF either Statc
10 take oysters with tongs from the
waters of the Potomac river between
the 25th day of April and the 18th
day of September of each year, ex-
cept as hereinafter provided In sec
ton of this act; it shall not be law
full for any person to have In pos
session any oysters taken from the
waters of the Potomac river between
the first day OF May and the 18th day
of September of each year. Every
person found guilty of violating any
of the provisions OF this section shall
be fined not less than $50 nor more
than $500 for each offense, and the
vessel. together with its equipment
and cargo. used in violating any such
provisions, shall be forfeited to the
State.
5. Providing n Gull law and impos-
ing penalties.--An oysters taken from
any natural rocks, beds, or shoals,
within the Potomac river shall 10
culled on their natural rocks, BEDS. or
shoals as taken, and oysters whose
shells measure less than two and one
half inches in length. measuring from
hinge to mouth. and all shells shall
be included in said culling ana re-
placed on said rocks, beas or snoais;
provided. that oysters once passed.
from the cutler less than the pro-
hibited size and all shells shall he
according to the provisions of this
section: provided. that when small
oysters are ,dhering so closely to the
shell of marketable oyster as to
render removal Impossible without de-
stroying the small oyster, then 1t shall
not be necessary to remove 1t. And
1t shall be unlawful for any person
to take, buy o, sell the small oysters
and shells from the natural rocks.
beds and shoals as aforesaid, or to
take, buy, sell or have in possession
oysters less than two and one-halt
inches In length from hinge to mouth.
Whenever any inspector or other Off
Ger shall have reason to believe that
this section has been violated with
the reference to the culling of oysters,
such inspector or other officer is here
by authorized TO examine the cargo u,
any boat or vessel, and II upon eN-
animation of said cargo the said IN
spector or other officer shall find that
5 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. meas
uring from hinge to mouth. the cap
tain of the boat or other person in
charge of said boat shall be deemed to
have violated this section, and upon
conviction, IL of a dredge boat or ven
der OF oysters. shall he fined not less
than $40 nor more than 5000. or con-
fined In Jail not less than thirty days
nor more than six months. either or
both. and said cargo cnnfiscated and
returned to the natural beds under
the supervision OF the oyster inspec-
tor or other officer making the arrest.
and the boat or vessel on which said
oysters are found shall be held as
vi he ,Af Gg.jI no
II of boat in which only oyster
tongs are used, the said captain or
other person IN charge shall be fined
not less than $50 nor more than 500,
or confined In Jail not less than fifteen
days for more than three months.
either or both. and said cargo confis-
Gated and returned 10 the natural
beds under the supervision OF the
oyster inspector or other otiicey maxi
Ing the arrest: and the boat or yes
sci on which said oysters are found
shall be held as security for the pay
ment OF said fine. provided. however.
that when any person shall be found
with oysters in violation of this sec
ton, he shall be presumed To be n
dredger or vender OF oysters. and il
he claims to be u tohger the burden
shall be upon said person to show
that he is "a tonger only. Provided,
that this section shall not apply to
that portion OF the Potomac river
above straight line drawn from
the north point at the mouth of Up
per Machadoc creek. in the county or
King George. Virginia, to Lower Cedar
Point. in Charles county. Maryland.
4. Regulating the taking of seed
oysters and providing penalties.-1t
shall be- atsfsfsss atwaeft the ST day III
January and the LIST day Of May or
each year to take oysters of any size
with ordinary or patent oyster tongs
from the natural roc:.ss hads. and
shoals in the Potomac river s.9oye Il
straight line drawn from the norti,
point at the mouth Of Upper Machodoc
creek. In the county of King George.
Virginia, to Lower Cedar Point In
Charles county. Maryland. to be used
for planting in the waters of Mary
yand or Virginia only, but 1t shall he
unlawful at any time TO Lake. shells
TO which no oyster Is attached, ar to
take oysters from said waters at any
other time, or in any other manner or
for any other purposes than as above
provided. Any person convicted Of
taking shells as aforesaid or of taking
oysters from the Potomac river above
the said line at any other time or
in any other manner than with oys-
ter tongs, or for any other purpose
as aforesaid, shall he fined not less
than 800 nor more than $500, or con-
fined In Jail not less than thirty days,
nor more than six months. either ,r
both. Any citizen of Maryland or of
Virginia who has complied with all
the requirements OF the oyster laws
=.