OYSTERS. 2269

An. Code, sec. 68B. 1912, ch. 4, sec. 2.

72. It shall not be lawful for any citizen of Maryland or of Virginia
to take or catch oysters with a scoop, scrape, dredge, or any such instru-
ment in the waters of the Potomac River between the fifteenth day of
March and the first day of November of each year; it shall not be lawful
for any citizen of either State to take oysters with tongs from the waters
of the Potomac River between the twenty-fifth day of April and the fif-
teenth day of September of each year, except as hereinafter provided in
section 74; 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 provisions 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 vio-
lating any such provisions, shall be forfeited to the State.

An. Code, sec. 68C. 1912, ch. 4, sec. 3.

73. All oysters taken from any natural rocks, beds or shoals within
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 pro-
visions 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 authorized to examine the cargo of any boat or vessel, and if 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, 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 confined 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 super-
vision 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

See foot-note to sec. 62.