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Session Laws, 1961
Volume 654, Page 1173   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                            1173



(c) Provisions for resurveys of State waters.—The Department of
Tidewater Fisheries may, at any time hereafter, resurvey any of the
submerged areas of this State for the purpose of determining the
position and extent of any natural oyster bars, clam beds, or crab
beds. If, upon such resurvey, the Department finds that natural
oyster beds, clam beds, or crab beds be incorrectly located on exist-
ing charts, or that the existing charts do not reflect the actual condi-
tion of the bottoms at the time of the resurvey,
the said Department
of Tidewater Fisheries shall amend such charts or prepare new
charts and shall cause to be marked or defined as accurately as
possible thereon the correct location and bounds of all natural
oyster bars, clam beds, crab beds, then existing in the area being
surveyed. A natural oyster OR NATURAL CLAM bar shall be con-
strued to mean and include all oyster
OR CLAM beds or bars under
any of the waters of this State whereon the natural growth of oysters
OR CLAMS is of such abundance that the public have resorted
to such beds or bars for a livelihood, whether continuously or at
intervals, within five years prior to the resurvey or provided that
at the time of the resurvey there are oysters
OR CLAMS to be
found naturally and in sufficiently large quantities in such beds
or bars to enable the public to use such bars or beds for a livelihood.
Within ninety days after such resurvey, a copy of such amended
charts or new charts shall be deposited in the Department of Tide-
water Fisheries and another copy sent to the clerk of the circuit
court in which or nearest to which the area resurveyed is located.
No lease shall be invalidated either in whole or in part by facts
determined in such resurvey unless the lessee forfeit his lease volun-
tarily or by nonpayment of rental or other fees, or by failure to use

for the purpose of which the lease was granted.

(d) Reclassification of area.[Before] If upon a resurvey the
Department of Tidewater Fisheries [may] desires to reclassify any
submerged area of the State from natural oyster bed, excluded

from leasing, to barren bottom open to being leased, it shall re-

examine the area in question and it shall advertise the time, place,
and purpose to re examine the area, twice a week for two successive
weeks, in a newspaper of general circulation in the county, if the

area is within county waters, or in a newspaper of general circula-

tion in the State, if the area is not within the waters of any county

Any members of the public may be present at the re-examination.

If any person present then and there offers to make further tests

in the presence of the agents of the Department of Tidewater fish-
eries they shall witness same and make note of the findings. If upon
re examination the Department of Tidewater Fisheries proposes to

reclassify the area from natural bed to barren bottom, it shall first

hold a public hearing, and the time, place, and purpose shall be

advertised as aforesaid. Any person may, by way of appeal from
the decision of the Department, file petition in the circuit court

of the county, at any time until expiration of thirty days from

the filing of an amended chart in said circuit court showing the re-

classification, and the same proceedings shall be had thereon as are
now provided in sub-section (k) of this section and with the same


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Session Laws, 1961
Volume 654, Page 1173   View pdf image (33K)
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