ART. 72] POTOMAC. 773

the waters of the Potomac River between the twenty-fifth day of April
and the fifteenth day of September of each year, except as hereinafter
provided in section 68D; it shall not be lawful for any person to have
in possession any oysters taken from the waters of the Potomac River
between the first day of May and the fifteenth day of September of
each year. Every person found guilty of violating any of the pro-
visions of this section shall be fined not less than fifty dollars nor more
than five hundred dollars for each offense, and the vessel, together with
its equipment and cargo, used in violating any such provisions, shall be
forfeited to the State.

1912, ch. 4, sec. 3.

68C. All oysters taken from any natural rocks, beds or shoals with-
in the Potomac River shall be 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 and replaced on said rocks, beds or
shoals; provided, that oysters once passed from the culler less than the
prohibited size, and all shells shall be considered as not having been
culled according to the provisions of this section; provided, that when
small oysters are adhering so closely to the shell of a marketable oyster
as to render removal impossible without destroying the small oyster,
then it shall be necessary to remove it. And it shall be unlawful for
any person to take, buy or 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-half inches in length from
hinge to mouth. Whenever any inspector or other officer 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 hereby author-
ized to examine the cargo of any boat or vessel, and if upon examina-
tion 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, meas-
uring from hinge to mouth, the captain of the boat or other person in
charge of said boat shall be deemed to have violated this section, and
upon conviction, if of a dredge boat or vender of oysters, shall be fined
not less than forty dollars nor more than two hundred dollars, or con-
fined in jail not less than thirty days nor more than six months, either
or both, and said cargo confiscated and returned to the natural beds
under the supervision of the oyster 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; if the boat in which
only oyster tongs are used, the said, captain or other person in charge
shall be fined not less than twenty dollars nor more than one hundred
dollars, or confined in jail not less than fifteen days nor more than three
months, either or both, and said cargo confiscated and returned to the
natural beds under the supervision of the oyster inspector or other