OYSTERS 2707

Potomac River between the fifteenth day of April and the fifteenth day of
September of each year, except as hereinafter provided in Section 67; it
shall not be lawful for any person to have in possession any oysters taken
from the waters of the Potomac River between the twentieth day of April
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 violating
any such provisions shall be forfeited to the State.¹

An. Code, 1924, sec. 73. 1912, sec. 68C. 1912, ch. 4, sec. 3. 1927, ch. 476, sec. 73.

66. 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 three inches in length,
measuring from hinge to mouth, whether attached to a marketable oyster
or not, and all shells shall be included in said culling and placed 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 for the purpose of
this Section shall be declared to be unmerchantable oysters; and when
oysters measuring less than three inches are adhering so closely to the shell
of a marketable oyster as to render removal impossible without destroying
the small oysters, then such oysters, including the marketable oyster or
oysters, shall be returned to the bed or tar from which they were taken.
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 or sell or have in possession oysters less than three 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 three inches in length, measuring 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, if of a dredge boat or vendor of
oysters, shall be fined not less than one hundred dollars, or confined in jail
not less than thirty days nor more than six months, either or both, and in
addition to such fine or imprisonment said cargo shall be confiscated and
returned to the natural beds under the supervision of the oyster inspector
or other officer making the arrest, and at the expense of the violator, which
expense shall be in addition to the fine imposed and collectible in the same
manner, 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 fifty 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 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,

¹ Sec. 2 of ch. 298, acts of 1931 repealed all laws inconsistent therewith to extent of
such inconsistency.