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STATE OF SOUTH CAROLINA,

EXECUTIVE DEPARTMENT.
By the ‘Secretary of State.

This is to certify the foregoing and hereto
attached copy of an Act to provide for the appoint-
ment of a State Board of Fisheries, define their

3 Duties, to regulate the catching and shipping of

shell fish, shad, etc., and to provide for a tax on the
same, to be a true and correct copy as taken from
and compared with the a now on file in this.
office:
Given under my hand and the Seal
of the State, at Columbia, this the
(SEAL) third day of March A. D. 1917.
By W. BANKS DOVE,
Secretary of State.

AN ACT

To Provide for the Appointment of a State Board of
Fisheries, Define Their Duties, to Regulate the
Catching and Shipping of Shell Fish, Shad, etc.,

and to Provide for a Tax on Same.

Section 1. Ali Beds of Rivers State Property—
Oyster Beds Not to be Granted. :

Be it enacted by the General Assembly of the State of
South Carolina: From and after March 1, 1917, all the beds
of the bays, rivers, creeks and shores of the sea within the
jurisdiction of this State, and not conveyed by special grant
or compact according to law, shall continue and remain the
property of the State of South Carolina, and may be used
asa common by all the people of the State for the purpose of
fishing and fowling, and taking and catching oysters and
other shell fish, terrapin, shad, sturgeon and other fish,
subject to the provisions of this Article, and any future laws
that may be passed by the General Assembly: and no grant
shall hereafter be issued by the sinking Fund Commission
to pass any estate, title or interest of the State in or to any
natural oyster bed, rock or shoal, whether the said bed,
rock or shoal shall be bare or not.

Section 2. Governor to Appoint Board of
Fisheries

It shall be the duty of the Governor to appoint three
(3) persons, who shall constitute and be known as the
Board of Fisheries of South Carolina, whose terms of office
shall be two (2) years. One of these appointees, who shall be

2

the Chairman, shall be versed in and have practical know-
ledge of the oyster and fish industry and shall be from the
tide-water section of the State. The Governor shall appoint
the other two members of this Board from different sections
of the State: Provided, that no member of the Board of
- Fisheries, nor any of the Inspectors shall be engaged in the
business for market or profit in the shell fish, terrapin or
fish industries either directly or indirectly.

Section 3. Oath of .Office—Bond.

All members of said Board shall file the oath of office
with the Secretary of State, who shall thereupon issue to
each of them a commission designating each of them asa
member of the Board of Fisheries of South Carolina, and also
designating the Chairman; each commission to have the sig-
nature of tne Governor,to be countersigned by the Secretary
of State, and bear the seal of the State. The Chairman of the
said board shall enter into bond in the penalty of two thou-
sand ($2,000) dollars with sufficient security,to be approved
by the Governor, payable and conditioned as required by
Section 658.

Section 4. To Establish an Office.

It shall be the duty of the said Board to establish an of-
fice or offices in some convenient place in the tide-water sec-
tion of the State,and stated meetings shall be held by the said
Board as often as may seem advisable and necessary, under
the restriction imposed in Section 7, ‘

Section 5. Duties of Board.

It shall be the duty of the said Board to see that all laws
relating to oystering, planting and cultivation of oysters and
clams in the waters of the State, and all laws relating to the
catching and propagation of migratory and shell fish, in
the waters of this state are faithfully observed, and that
all persons engaged in thefish and oyster industry are fully
protected in all their respective rights. °

The Board of Fisheries shall have authority, if it be
practicable, to use a part of their appropriation, not to ex-
ceed the sum of one hundred ($100.00) dollars for the pur-
pose of planting oysters upon suitable bottoms, in the public
waters of the State, and the results shall be carefully ob-
served and reported by them, and any profits which may
be derived from such planted beds shall be paid into the
State treasury and credited tothe account of the Board of
Fisheries.

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Section 6. Authority of Board.

The Board shall have authority to adopt rules and
regulations for policeing the waters of the State. The Board
shall take cognizance of communications made to them
by Inspectors or other officials relating to violations
orevasions of the laws of the State affecting said industries;
taking such action as may be necessary to correct the same
under existing laws and to do any and all things which, in
their judgement, may seem right and proper to protect the
oyster and fish industries and all persons and property law-
fully engaged therein. They may employ such surveyors
as from time to time may be necessary.

Section 7, Salary of Chairman and Compensation
of Members. |

The salary of the chairman of said Board is hereby
fixed at eighteen hundred ($1,800.00) doliars per year,and he
shall be required to devote his whole time and attention to
the duties of said office. The remaining members of the
Board shall receive a per diem of four ($4.00), dollars and -
actual expenses, provided they shall not receive compensa-
tion for more than thirty (80) days in any one year. The Gov-
ernor shall have the power to remove any and all of them for
neglect of duty,misfeasance or malfeance in office and to fill
any facaney or vacancies which may occur at any time in

e Board.

Section 8. Duty of The Chairman.

It shall be the duty of the Chairman of said Board to
preside at all meetings of the Board, to call special meetings
as may appear proper and advisable, and to maintain a con-
stant supervision of the general industries and the public
domain underthe care of the Board; to keep all accounts and
records of the Board, and to make all reports and returns
of the Board to the Comptroller General.

Section 9. Records—Annual Report--Recom-
mendations.

All records or accounts in the office or offices of the said
Board shall be openat all times to the examination of the
Governor and Comptroller-General or their aecredited
agents. It shall be the duty of this Board to make an an-

d

nual report to the Governor; and to report to the General
Assembly whenever that body convenes in regular session
in which shall be plainly set forth the amounts of revenue
derived from the several industries embraced within their
supervision, and the expenses incurred in the enforcement
of this Article and Sections 30 to 44, both inclusive, of the
Criminal Code, and they shall recommend such legislation
as in their judgment and experience, may be deemed
advisable.in the interest of those industries and the reve-
nues of the State to be derived therefrom.

Section 10. Inspectors to be Appointed by
Board of Fisheries —Compensation—Bond
of Inspectors

There shall be four (4) Inspectors to carry into effect
and enforce the provisions of this law. The Inspectors shall
be appointed by the Board of Fisheries, and shall have been
residents for at least two years inthe Counties within the
- boundaries of which their duties are to be performed, and
shall receive salaries as follows: The Inspector of the First
Division shall receive a salary not exceeding seventy-five
($75.00) dollars per month, and the Inspectors of the other
three divisions shall each receive asalary notexceeding sixty
($60) dollars per month, in the discretion of the Beard of
Fisheries. The term of office of said Inspector shall be at
the discretion of the Board, who shall have the power to re-
move any Inspector at any time,and the Inspectors shall not
be paid for any longer time than he serves. Every Inspector
shall, before the Clerk of Court of the district in which he
resides, take the oath and give bonds prescribed by Section
658. The bonds shall be in the penalty of five hundred
($500.00) dollars, and conditioned for the faithful perfor-
mance of their duties. The Clerk of Court shall transmit a
copy of the bond to the Chairman of the Board of Fisheries
within thirty (30) days after its execution.

Section 11. Duties of the Board.

If shall be the duty of the Board of Fisheries to en-
force all laws of the State pertaining to the collection of
taxes, fines, rents and other revenues due to the State
which are now, or may hereafter be lawfully laid, assessed
or fixed on or pertaining to migratory fish, oysters, clams,
sturgeon and terrapin, and they shall direct and require the
Patrolmen-Inspectors to carefully observe and report to the
Board all violations in this respect and to also require each

5

Inspector during the first ten (10) days of each month, to
make and render to the Board a complete report of all col-
lections during the preceeding month in their respective dis-
tricts from any source under his supervision, giving in tab-
ulated form and detail, from whom said collections were
made, as well as the proper classification of said collections
and whether from sane finba pants or other sources, copies
of which shall at the same time be sent by the said Inspectors
to the County Treasurer of the County in which said collec-
tions are made, and upon failure to make the said reports,
as above requred, the Inspector so failing shall forfeit to
the Board of Fisheries, unless excused for reasonable cause
by the Board, one month’s salary, which shal] become a part
of the general funds of the Board of Fisheries.

Section 12. Duty and Power of Cousty
Treasurer.

The County Treasurer shall collect all fines, taxes and
allsums due as rent upon grounds leased for the propaga-
tion of fish, terrapin and shell fish imposed by this Article
and when the lessee remains in default in the payment of
the annual rent for such planting grounds or any part
thereof, for thirty (80) days, the lease shall automatically be-
come null and void: Provided, That the lease may be rein-
stated with all the force and effect as in the first instance
upon the application of the former lessee, if made to the
Board within thirty (80) days from the time the lease became
null and void, and upon payment of such costs and expenses
as may be imposed by the Board in connection with the
same,

Section 13. Blanks for Reports.

The Comptroller General shall provide the Board with
necessary blank forms for the use of the Beard and for the
Inspector’s reports as may be required in execution of
their duties.

Section 14. Operation and Custedy of Launches

The Inspectors shall have charge of the Launches and
vessels used by the said Board for the protecticn and the
guarding of the shell fish, terrapin and fish industries of the
State, and tu enforce the said laws, thereof. Each Inspec-
tor may employ, by the month, one helper for each launch
or vessel, subject however, to the approval of the Board.
The pay of the helpers shall be fixed by the Board and shall

6

not exceed twenty ($20.00) dollars per month,and the Inspec-
tors on each launch or vessel shall forward to the Board
- during the first six (6) days of each month a report of the
services of his launch or vessel for the preceding month
and also a tabulated statement in detail of expenses incur-
red during the month, and such statement shall embrace
first, the payment of the helper, giving his name: repairs,
fuel and other incidental expenses of such launch or vessel,
and any failure to furnish such report shall subject the de-
linquent Inspector to suspension and forfeiture of pay, or
absolute removal, at the discretion of the Board.

Section 15. Repairs and Maintenance of Launches
—Purchase of Launches.

The Board shall have authority to provide for repairs
to be made to launches and vessels, machinery and furniture
as may be neccessary to keep them in serviceable condition,
and it shall be its duty to see that the launches and vessels
and their appurtenances are at all times kept clean and
otherwise in good, serviceable condition, and the Board
shall have authority to sell or exchange any launch or vessel
belonging to said police fleet, and if sold, to reinvest the
proceeds of such sale or make further exchanges, as may
appear to them to be necessary and best for the interest
of the State; Provided, that no additional expense shall he
incurred to the State by reason of such sale, exchange or
reinvestment without authority of the General Assembly.
The board shall have authority to maintain four (4) launches.

Section 16. Duty of Persons Desiring to Plant
Oysters--Rent.

It shall be the duty of any person desiring to obtain
a location for the planting or propagating shell fish, terrapin
or fish in any portion of the water front, beds, bottoms, or
marshes below highwater mark, the property of the State,
not naturally producing oysters or clams in sufficient quan-
tity to warrant catching them for the market, or which. by
reason of the smal! quantity of oysters thereon shall not, in
the judgment of the Board, be considered natural oyster
beds within the meaning of the law, apply to the Board of
Fisheries and have its location ascertained and designated
_ and surveyed, and the same shall be marked with suitable
stakes, smooth and free from snags and spurs, or by other
metes and bounds, courses and distances, having their

7

places or beginning and ending designated by permanent
objects on the shores, agreed upon by the applicant and
Inspector, and he shall pay the Inspector for his services a
fee of one ($1.00) dollar and he shall also pay to the County
Treasurer rent for the lands assigned to him, at the rate of
twenty-five (25) cents per acre for the first five (5) years,
and after five (5) years, at the rate of fifty (50) cents per
acre for each and every year of his rental, to be payable on
the first day of September of each year, and so long as he
continues to pay such rent he shall have exclusive right to
occupy such land for a period of fifteen (15) years, subject to
such rights, if any, as any other person or persons may
have previouly acquired, and shall havea prior right to re-
new such lease atsuch rate per acre as in the judgment
of the Board may seem just and proper. ‘The first year’s
rent to be a pro-rata of the yearly rate, based on the time
elapsed from execution of the lease to the first day of Sep-
tember next following. Incase of two or more applicants
for the same bottom, preference shall be given to the owner
or owners of the adjacent lands. In case no such owner or
owners apply, then preference shall be given in order of
application. The lessee shall be required to deposit, under
the supervision of the Inspector of his district, within such
time as may be designated by the Board in the lease, shells
or oysters to the amount of notless than ten 10 nor more
than one thousand 1,000 bushels per acre for the entire area
leased, the amount to be fixed by the Board. The lessee
shall be required to prove compliance tothe satisfaction of .
the Board of Fisheries, and in default of such proof, the
lease shall be annulled. Ifany portion of said water fronts,
beds, bottoms or marshes be occupied with oysters, or clams
actually planted thereon or held by any person or persons,
under proper assignment, the occupant shall have the prior
right against all others to have the land so occupied by him
assigned to him by the Inspector; Provided, the said occu-
pant shall have the land so assigned to him ascertained and
designated, and surveyedand rents paid within thirty (30)
days from the time the Inspector is called to locate the
same.

Section 17. Disposition of Moneys and Fines
Collected.

All licenses, fees, rentals and penalties and all moneys
whatsoever collected under the supervision of this chapter
shall be paid into the State Treasury by the officers herein
charged with the duties of collecting the same: Provided,

g

that one-half of all penalties collected for violating the pro-
visions of said section shall be paid to the informer. These
moneys shall be entered by the State Treasurer on the ac-
count of the Board of Fisheries, together with allsums ex-
pended under the provisions of this Act. If, atthe end of
any fiscal year, there be a balance to the credit of the ac-
count, the State Treasurer shall place one-half of the bal-
ance into the general fund of the State, and shall remit the
other one-half to the Treasurers of the counties in which
said licenses, rentals, penalties, etc., sha]l have been collec-
ted, to be credited to the general funds of said counties in
the proportion in which each county has contributed to
said fund.

Section 18. Leases and Lands.

Not over five hundred (500) acres shall be rented to
any one individual or corporation. Leases shall be granted
only for reasonable contiguous and compact areas, subject
to the discretion of the Board of Fisheries. All applications
for leases shall be made to the said Board in writing, and
advertised in one or more papers atthe cost of the appli-
cant, and published for three (8) consecutive weeks in the
county in which the lands applied for are located. The Board
of Fisheries is authorized to lease any of the marsh lands of
the State for the purpose of the erection of wharves and
depositories of shells to those who establish, or intend to
establish, oyster canneries. These leasesto be granted in
the discretion of the Board of Fisheries, and run for a
term not exceeding fifteen(15) years, with privilege of re-
newal: Provided. said marsh lands so leased shall be used
Ned purposes leased within two (2) years from date of said

ease.

Section 19. Duty of Those Occupying Oyster Beds
—Survey

Any person, firm or corporation who is now occupy-
ing oyster planting grounds, or is desirious of occupying
any oyster planting ground, shall notify the Inspector of
his desire to continue to occupy, or his desire to occupy
certain oyster planting grounds, and the Inspector shall
notify the surveyor, employed by the applicant or applicants
who shallsurvey the said grounds and make a plat of same,
the surveyor to receive for surveying and making plat fifty
(50) cents per acre,or portion thereof‘for five (5) acres, or
less, twenty-five (25) cents per acre; for more than five (5):
acres and up to thirty (80) acres, fifteen (15) cents for each

9

acre, more than thirty (30) acres and up to fifty (50) acres,
and ten(10) cents per acre, for all over(50) acres, the cost of
surveying and plat to be paid by the renter. This survey
and plat to remain good so long as the rent is annually paid,
and the ground is occupied by the party paying for the sur-
vey and plat under the conditions of Section 16. This said
survey and plat shall indicate the metes and bounds,courses
and distances having their beginning and ending by fixed and
permanent objects on the shore as accurately as may be,and
the same, as soon as possible after completion, shall be filed
by the Inspector in the office of Clerk of Court of his
county, there to be forthwith recorded in a well bound and
substantial book, and indexed in the name of the assignee,
and thereupon at once a written memorandum thereof shall
be filed with the Clerk of Court. The Clerk of Court shail
receive the said survey and plat and record same, and shall
be paid by the assignee for his services the same fees he
now receives for recording deeds and plats. After the same
is recorded the assignee shall be entitled to withdraw the
original from the Clerk’s office. Each county shall furnish
the Clerk with the necessary books for recording same. The
fees due the Clerk of Court for the recordation and filing of
said surveys and plat shall be collected as other fees due
the Clerk. The Inspector shall furnish copies of said sur-
veys, plats and memorandum tothe Board of Fisheries.

Section 20. Oysters, etc., to be Deemed Goods
and Chattels.

Oysters or clams imbedded or planted, oysters or clams
deposited by any person making up a cargo for market and
shells planted for the formation of oyster or elam beds, shall
be deemed goods and chattels of which larceny may be com-
mitted, although there be no interval between the severing
and the taking away.

Section 21. Canning Factories to Keep Books
to be Open for Inspection.

All managers, persons in charge of canning factories
shall be requred, undera penalty of not less than one hun-
dred ($100.00) dollars, to keep a book in which shall be enter-
ed the names of each person from whom they shall pur-
chase oysters, together with the date of purchase and
quantity purchased, the name, color and approximate tun-
nage of the boat in which the oysters were brought to the

10

a

factory, the quantity of oysters canned each day, and the

_ quantity of oysters packed for shipment each day, the date

and amount of each shipment of canned oysters, together
with a copy of the bill of lading of said shipment, and to
make an itemized written report to the Board of Fisheries ©
not later than the fourth day of each month, said book to be
open at all times to the inspection of the Board of Fisheries
or its Agents or the Comptroller General, orhis agents, and
shall within the first five (5) days after the first day of May in
each year makea report to the Board of Fisheries of the
number of canned oysters, stamps of each kind and denomi-
nation of hand on the first day of May. All who catch or
buy terrapin or clams for the purpose of sale or export
shall be required to keep a book, in which shall be entered
the date of each purchase of terrapin or clams, together:
with the number of terrapin and the true. name and address
of the person or persons from whom the terrapin are pur-
chased, the date of each shipment, together with the num-
ber shipped and the way bill covering each shipment, and
to make itemized written reports to the Board not later than
the fourth day of each month, said book to be open at all
times to the inspection of the Board of Fisheries, or its
agents, and the Comptroller General, or his agents. All
persons engaged in shipping or sale of shad, raw shucked
oysters or clams, shall be required to keep a book, in which
shall be entered the date and the quantity of each shipment
or sale, tegether with a certified copy of the bill of lading
covering said shipment, and to make itemized written re-
ports to the Board not later than the fourth day of each
month, said book to be open at all times for the inspection

-of the Board oi Fisheries or its agents, and the Comptroller

General or his agents. All common carriers and their
agents are hereby required to keep a full and correct record
of each shipment of clams, oysters, terrapin or shad, and
said record shail be open at all times for the inspection of
the persons charged with the enforcement of this Article.

Section 22. Tax Upon all Shell Fish, Shad, ete—
Canned Goods — Labeling

For the support of the Board of Fisheries and to de-
fray the expenses of this article, for the improvement of
the natural beds, for the protection of the private beds, an
impost tax shall be placed upon all oysters, clams and ter-
rapin, and the tax shall be at the rate of one, (1) cent upon
each sixty, (60) ounces of canned oysters, two, (2) cents upon
each gallon of raw shucked oysters gathered in this State;
ten, (10) cents upon each bushel of clams in the shell;
five, (5)cents uponeach terrapin. Each package containing

oysters canned in this State, or raw shucked oysters gath-

11

ered in this State, clams gathered in this State, or ter-
rapin offered for sale or transportation, shall be stamped
by the mannfacturer by the number of ounces, or quan-
tity of oysters and number of terrapin, and the number
of bushels of clams contained therein, and the number of
ounces and fraction of ounces of oysters contained in each
can shall be plainly stamped in the metal cap of each can of
oysters canned within the State from and after the passage
of this Act. It shall be the duty of the County Treasurer to
furnish said stamps in any and such denominations as they
may decide will be the best to meet the requirements of the
shippers or dealers, and to sell said stamps direct to the
persons using the same. The County Treasurer of each
county in which any impost tax stamps are sold, or taxes
collected under this article, shall keep a book, in which
shall be entered all impost tax stamps received by him,
showing the kind, denomination, quantity and seria] num-
ber of all stamps received and each sale of such stamps
made by him, the name of the purchaser, the date of such
purchase, kind, denomination and quantity sold; and shall,
within the first five (5) days of each month forward to the
Chairman of the Board of Fisheries a statement showing the
quantity of each kind and denomination sold, the dates of
sales, and the names of the purchasers, and as renumeration
of the services required of them by the provisions of this
chapter, the County Treasurers of Beaufort, Colleton, Char-
leston, Georgetown and Horry Counties shall each be paid
by the State Treasurer, upon the warrant of the Comptroller
General, each year, from the moneys collected and paid into
the State Treasury by him, under the provisions of this
chapter, three (8) per cent. of the amount so collected by
him during the year. The County Treasurer of each county
in which any impost tax stamps are sold shall, in January,
April, July and October of each year, and on or before the
fifth day of said months, forward to the Chairman of the
Board of Fisheries a statement of all such stamps in his
hands, showing the kind, denominations, quantity and serial
numbers of the same.

Section 23. License to Pen or Export Terrapin.

Each and every person, firm or corporation engaged
in the penning or exporting from this State of terrapin,
shall apply to the Board of Fisheries for a license for the
same, and the said Board shail, upon the payment of twenty-
five (25) dollars by the said person or persons, firm or cor-
poration, issued tosuch personor persons, firm corpor-
ation a license to penin. this State and export from the
State, terrapin for one (1) year, subject, however, to the

12

|

provisions of Section 17 and Section 38 of the Criminal Code,
All persons, firms or corporations, other than common car-
riers, who, for themselves or others, hold terrapin in con-
finement for the purpose of sale or delivery, shall be deem-
ed and considered as being engaged in the business of pen-
ning terrapin within the meaning of this article, and when-
ever any one person, firm or corporation shal] maintain a
a penin more than one place, the payment of a separate
license of twenty-five ($25) dollars for each pen, where
such business is conducted, is hereby required: Provided,
that nothing herein contained shall be construed so as to re-
quire any such person or persons, firm or corporation to
- take out any license for any employee or employees engaged
by such person or persons, firm or corporation, respectively,
for catching or gathering terrapin. Any person or persons,
firm or corporation buying or receiving terrapin for the
purpose of re-selling or using them in any way for commer-
cial purposes, shall be subject to the same license of twenty-
five ($25) dollars as herein required for penning; and all
terrapin penned in this State shall be subject to a tax of five
(5) cents each, whether the same shall have been gathered,
caught or bought within the State or not.

Section 24. Shad.

It shall be unlawful to catch, buy, sell or ship shad
between the twenty-fifth day of March and the thirty-first
day of December in any year, within thirty (30) miles of the
mouth of any river emptying into any gulf, bay or ocean,
and above said limits to the source of any river between the
fifteenth day of May and the thirty-first day of December of
any year. An impost tax of three and one-half (31-2) cents
shall be put upon each shad offered for sale or shipped from
any point within this State to another point within this
State, or without the State: Provided, Shad caught in the
State for personal use only, shail be exemnt from this tax.
No net shall be used under five and one-half (5 1-2) inches

mesh, and no net shall be stretched more than one-half way
across any navigable stream, nor within two hundred (200)
yards of each other; and no nets of any kind shall be allowed
below aline where Mosquito Creek empties into Winyah
Bay, across said bay in an easterly direction to the opposite
shore of said bay, nor shall any device, net or seine for the
stoppage or collection of fish be setor used in any manner
whatsoever within one mile of the mouth of the Waccamaw,
Great Pee Dee and Bull Creek Rivers.

13

Section 25. Open Season for Catching and Ship-
ping Sturgeon.

That there be an open and closed season for the
catching and shipping of sturgeon and caviar as follows: The
open season shall be from April thirtieth to August first in
each year, and no person or persons shall fish for, catch or
have in his or their possession any sturgeon between the
first day of and thirtieth day of April, both dates inclusive.
Each person, firm or corporation fishing for sturgeon shall
make a sworn report to the Inspector on or by the first day
of May of the number of nets he, she or tney have or will
use during the season, and they shall make a written report
to the Chairman of the Board of Fisheries within five (5)
days after the close of the season of the number of sturgeon
caught by such person, firm or corporation, and the num-
ber of pounds of caviar shipped.

ection’ 2¢. Sturgeon Nets Shall Have Licenses
Attached.

No sturgeon net shall be used without having.a
license attached to the same whenin use, in such manner
that it shall be ontop of or above the water in plain sight at
alltimes. No nets shall be used less than nine (9) inches
mesh. There shall be a license for the catching, buying and
shipping of sturgeon or caviar as follows: Each sturgeon
net license fifteen ($15.00) dollars; each person or firm ship-
ping caviar or sturgeon seventy-five ($75.00) dollars; nun-
residents fishing for sturgeon, ten ($10.00) dollars, non-resi-
dents buying or shipping sturgeon or caviar, five hundred
($500.00) dollars; non-residents using personal nets or
boats, two hundred ($200.00) dollars. A license issued pur-
suant to these rules is not transferable, and if a licensed
net be used by any other person than the licensee, or per-
son in his employ or under his immediate supervision, it
shall be deemed forfeited and revoked. The owner of each
non-resident license must exhibit the same when requested
by each Inspector or member of the Board of Fisheries.
Applicants for license shallapply to the County Treasurer,
license blanks, tags, etc., to be furnished to the Treasurer
by the Board of Fisheries. The Board of Fisheries may re-
voke any license granted hereunder at any time for any
reason, which to the Board, may seem sufficient.

Section 27. Closed Season for Migratory Fish.
That it shall be the duty of the Board of Fisheries
14

herein provided for to enforce all existing laws in regard
and relating tothe open and close seasons in reference
to migratory fish.

Section 28. Annual Appropriation.

To meet the necessary expenses of this Board, there
shall be appropriated annually the sum of seventy-two
hundred ($7,200) dollars, or so much thereof as may be
necessary, which shaliinclude the salaries as provided in
this article.

Section 29. Construction of Article With Penel
Code.

Sections 30 to 34 of the Criminal Code, both inclusive,
oe ne construed in connection with, and as a part, of this
rticle.

Section 30. Board of Fisheries.

The regulation of catching, gathering, selling, export-
ing or canning oysters, terrapin, clams, shad and sturgeon
is under the supervision of the Board of Fisheries mention-
ed in Section 12 of the Civil Code.

Section31. Craft Used ia Violating Law to be
Condemned.

Any vessel, boat or other craft, tackle, appearal,
anchors, cables, sails, appurtenances, and any dredge,
scrape or other instruments used in the violation of this
chapter shall together, with the cargo of such vessel, craft
or boat, be forfeited to the State, and upon being condemn-
ed as forfeited in proceedings upon a hearing before the
Board, the net amount realized from the condemnation
proceedings shall be paid over by the order of the Board in-
to the treasury of the State. The persons charged with the
enforcement of Sections 31 to 44, inclusive, shall have the
right, without warrant, to arrest any person or persons who
has, or have, in his, her or their possession any oysters,
clams or terrapin or shad in violation of Section 30 to 44, in-
clusive, and take such person or persons to the nearest
Magistrate and swearout the proper arrest warrants. The
unlawful possession of such oysters, clams. or terrapin, or
shad, shall be prima facie evidence of guilt, and if such
person or persons is or are held for trial by the Magistrate
eonducting the preliminary examination, the said Magistrate

15

shallissue an order for the release of the terrapin, and the
dumping of the oysters and clams. Any person or persons
violating the provisions of this Section shall be fined not
less than twenty-fine ($25.00) dollars nor more than one
hundred ($100.00) dollars, or imprisonment for not less than
twenty nor more than thirty days. The persons charged
with the enforcement of Sections 31 to 44, tnclusive, shall
have authority to enter and search any vessel, car, vehicle
or place suspected of containing any oysters, clams, terra-
pin, shad or sturgeon, in violation of Sections 31 to 44, in-
clusive, and shall be authorized to open and examine any
package containing any article subject to taxation under the
provisions of said Sections.

Section 32. Unlawiul for Non-residents to Gather
Oysters—Proviso. :

It shall be unlawful for any person to gather or catch
clams, oysters, or terrapin from the public grounds of the
State, who is nota bona fide resident of this State, and who
has not continuously resided herein for two years: Provid-
ed, however, hat nothing contained in this section shall
prohibit a non-resident who shall have leased any lands for
the purpose of planting and cultivating shell fish, under the
provisions of Sections 16, 17, 18, and 19 of the Civil Code,
from gathering oysters from the natural beds of the State
for the purpose of planting and cultivating them upon
leased lands: Provided, however, That nothing in this Sec-
tion shall prevent the gathering of oysters by non-residents,
who are engaged in the business of cperating oyster can-
ning factories within this State or shucking raw oysters
within this State, or who are employed by those who are
engaged in the said business. Subject to the provisions of
this Chapter, the employment of non-residents by citizens
of this State lawfully engaged in any of the fishing indus-
tries, shall be permitted, butno non-resident shall be al-
lowed to gather or catch any shell fish, or other fish, from
the publie lands and waters of this State for market pur-
poses, exceptas such employee. Any person or persons,
firm or corporation violating the provisions of this Section
shall be guilty of a misdemeanor, and, npon conviction,
sha'l be fined not less than fifty ($59) dollars nor more than
one hundred ($109) dollars, or be imprisoned for a term of
of not less than twenty nor more than thirty days.

Section 33. Closed Season for Sale of Oysters.
It shall be unlawful for any person or persons, firm or
16

corporation to remove, buy or sell any oysters from the
natural reefs, bottoms, beds or marshes, the property of
the State, between the first day of May and the first day of
October, inclusive: Provided, That nothing in this Section
shall be taken to forbid the removal of oysters, from the
said natural reefs, beds, bottoms or marshes for the purpose
of replanting said oysters. Possession of oysters during
the term specified shall be prima facie evidence of infringe-
ment of this provision, and that the onus of proof that such
oysters coming from private beds, or from without the
State, are to be used for planting purposes shall rest upon
the accused. Any person or persons violating the provisions
oi this Section shall be guilty of a misdemeanor, and, upon
conviction, shall be fined not less than twenty-five ($25.00)'
dollars nor more than one hundred ($100) dollars, or im-
prisonment fornot less than twenty (20) nor more than
thirty (30) days.

Section 34. Regulation of the Use of Scoops.

It shall be unlawful for any person or persons to use
scoops, scrapesor dredges for the purpose of taking or
catching oysters from the public grounds in any bed, river,
creek, strait, or any tributary of suchin this State under
twelve (12) feet in depth atlow tide. Any person or per-
sons violating the'provisions of this Section shall be guilty
of a misdemeanor, and, upon conviction, shall be fined
not less than twenty-five ($25.00) dollars normore than one-
hundred ($100) dollars, or be imprisoned for not less than
six months.

Section 35. Unlawful to Garry Oysters Out of
This State.

It shall-be unlawful for any person or persons, firm
or corporation to carry any oysters in the shell out of this
State in any boat or vessel, or by other mcde of transporta-
tion; and all boats, all vessels, or other vehicles of transpor-
tation found loaded with oysters in the shell for transpor-
tation out of this State shall subject the owner, or person in
charge thereof, to a fine of not less than one hundred, ($100)
dollars nor more than five hundred, ($500) dollars, or to im-
prisonment for not less than one, (1) month nor more thart
twelve, (12) months: Provided, however, That oysters which
have been cultivated from lands leased from the State may
be exported in the shell from the State, provided they be
shipped in barrels or other packages and that a tax of one
and one-half (14%c) cents per bushel be paid for each bushel
so exported, and that a stamp or stamps purchased from the

17

County Treasurer in payment of said tax be affixed to each
package, certifying that the tax upon the same has been
paid. Any person or persons, firm or corporation shipping
or transporting such oysters without the aforesaid stamps
attached to each package shall be punished as above pro-
vided in this section, and all persons or corporations engag-
ed in exporting such oysiers shall be required to keep a
book in which shall be entered the date and amount of each
shipment, and shall make an itemized report thereof within
the first four (4) days of each month to the Board of Fisher
ies under penalty of a fine not exceeding one hundred ($100)
dollars, or imprisonment not exceeding thirty (30) days.

Section 36. What Oysters May be Removed.

All oysters taken from the public grounds of this
State, with whatsoever instruments or implements, shall be
culled, and all oysters whose shell measures less than three
inches from hinge to mouth, except what are attached to a
larger oyster and cannot be removed without destroying the
small oyster, and all shells taken without the said oysters
shall be returned to the public grounds near and where
taken; and no oyster shall be allowed by the Inspector to be
marketed which shall consist of more than ten per cent. of
such smaller oysters in shells. The manager or person in
charge of each canning factory in this State shall each year
distribute upon such lands or bottoms, between high and
low watermark, as shall be designated by the: Chairman of
the Board of Fisheries or by an Inspector under his approv-
al,.and in such manner as said Chairman or Inspector shall
require, a quantity of oyster shells which shall be equal to
not less than three per cent., or more than thirty per cent.
of the quantity of oysters in the shell purchased or re-
ceived by such canning factory during the said year,
the quantity of shells within the above limits required
to be deposited and distributed by the manager or
persons in charge of such canning factory, to be fixed
by the Board of Fisheries, or by the Chairman of the
said Board for each year, of which requirement they shall
be duly notified and shall deposit said shells not later than
the first day of June: Provided, That the grounds or bot-
toms designated shall be within ten (10) miles of the can-
ning factory from which the shells shall be required to be
deposited and distributed uponthem. Any person, or. per-
sons, firm or corporation violating the provisions of this
section shall be guilty of a misdemeanor, and upon convic-
tion thereof, shall pay a fine of not less than one hundred
($100) dollars, or be imprisoned for a term of not less than
one (1) month nor more than six (6) months.

18

Section 37. How Oysters Shall be Measured.

All oysters sold in the shell in this State shall be
measured in a circular tub with straight sides, straight solid
bottom, holes in the bottom not more than one half inch in
diameter. The said measure shall have the following di-
mensions; A bushel, but shall measure eighteen (18) inches
from inside across the bottom, and twenty-one (21) inches
from bottom to top of chime. All measures usedfor buy-
ing or selling oysters shall have a brand, to be adopted by
the Board of Fisheries stamped thereon by said Board by its
lawful Inspector. Any person violating this section shall be

uilty of a misdemeanor, and, upon conviction thereof, shall

e fined not less than ten ($10) dollars nor more than fifty
($50) dollars, or imprisoned for not more than thirty (30)
days nor less than ten (10) days; and all measures found in
possessions of any such person not meeting the require-
ments of this section shall be destroyed by said Board or
its lawful agents.

Section 38. Transportation of Oysters Without
Tax Tags.

It shall be unlawful for any person or persons, firm
or corporation, to sell or ship, and it shall be unlawful for
any person or persons, firm or corporation to receive or
transport said canned oysters, raw shucked oysters, terrapin
or shad, except there be affixed to each package a stamp or
_ stamps, furnished by the Board of Fisheries, certifying that
the said impost tax upon canned oysters, terrapin, or shad
contained therin has been paid. Any person or persons,
firm or corporation violating the provisions of this section
shall be guilty of a misdemeanor, and, upon conviction,
Shall be fined not more than one thousand ($1,000) dollars
nor less than five hurdred ($500) dollars, or to be imprison-
ed for not more than twelve (12) months nor less than six
(6) months. ;

Section 39. Counterfeiting Stamp of Board.

It shall be unlawful for any person or persons to coun-
terfeit any stamp adopted by Board of Fisheries, or produce
any similar design thereof, or to aid or assist in the uttering.
Any person or persons, firm or corporation violating this
section shall be guilty of a misdemeanor, and, upon con-
viction thereof, shall pay a fine of not less than five hun-
dred ($500) dollars nor more than one thousand ($1,000) dol-
lars, or be imprisoned for not less than (6) months ner
more than (12) months.

19

Section 40. Reports Required.

Any person or persons, firm or corporation failing or
refusing to make the reports required by Section 21 of the
Civil Code, or who shall make false entries in the books re-
quired by said Section of the Civil Code, or who shall make
false reports, shall be deemed guilty of a misdemeanor, and,
upon conviction in any Court of competent jurisdiction,
shall be fined not less than twenty-five ($25.00) dollars nor
more than one hundred ($100) dollars, or imprisoned for
not less than ten (10) days nor more than thirty (30) days.

Section 41. Closed Season for Terrapin—Penalty
for Having Terrapin in Closed Season.

It shali be unlawful for any person or persons, firm or
corporation to catch, purchase, trap, sell, except as herein-
after provided, or to have in his possession terrapin be-
tween the first day of April and the fifteenth day of July in
each year. Any person or persons, firm or corporaticn
having terrapin in his, her or its possession previous to the
first day of April in any year desiring to carry them over
and retain possession of the same until the succeeding fif-
teenth day of September, shall within ten (10) days after
the first day of April of each year make a report under
oath, to the Board of Fisheries of the number of terrapin
he, she, they or it has or have in his, her, their or its pos-
session for that purpose on the first day of April of each
year, said report to state the location of said terrapin and in
what pen said terrapin are kept so that said Board may be
able to find said terrapin or pens, and ascertain the correct-
ness of the report. Any person or persons, firm or cor-
poration violating the provisions of this section shall be
cuilty of a misdemeanor, and, upon conviction thereof, shall
be subject to a fine of not less than twenty-five ($25) dol-
lars nor more than two hundred ($200), dollars, or imprison-
ee not less than thirty (30) days nor more than six (6)
months.

Section 42. Length of Terrapin that May be
Kept.

It shall be unlawful to catch, sell, hold in possession
any terrapin less than five inches in length under the med-
ial line of the bottom shell, or to use any seine of a smaller
mesh than five and three-fourth (5 3-4) inches for the pur-
pose of catching terrapin. The having of terrapin under
five inches in length, ora pen for the penning of terrapin,
where the owner or manager has not taken out license to

20

‘

pen terrapin, as provided in Section 23 of the Civil Code, or
of a terrapin seine of smaller mesh than five and three-
fourths inches, whether the owner or manager of said boat
has taken outa license to gather terrapin or not, shall be
prima facie evidence of the violation of this Section, and the
person charged with the enforcement of this Section shall
have the right to arrest such person or persons without
first procuring a warrant and take such person or persons
to the nearest Magistrate and there swear out the proper

. arrest warrant. Any person or persons, firm or corpora-

tion violating the provisions of this Section shall be punish-

ed by a fine of not more than one hundred ($100) dollars

nor less than twenty-five ($25.00) dollars, or be imprisoned

ion not more than thirty (30) days nor less than fifteen (15)
ays.

Section 43. Penalty for Stealing Oysters From
Oyster Beds.

Any person or persons who shall unlawfully gather,
remove, take or steal from any oyster bed, laying or fishery,
any oysters or oyster brood there growing, lying or being,
such oyster bed, laying or fishery being the property of
another person or persons, or cultivated and used by the
proprietor or proprietors thereof for the production, grow-
ing and improvement of oysters, and being sufficiently
marked out, shall be deemed and held guilty of larceny,and
he, she or they, his, her or their aiders, helpers, abbetors
or accessories, being therefor convicted by due ccurse of
law, shall be punished as in case of larceny.

Section 44. Penalty for Using Nets, Dredges,
etc.—Not to Apply to Fishing

If any person or persons shall unlawfully and wilfully
use any dredge or net, instrument or engine whatsoever,
within the limits of any such oyster beds, laying or fishery,
as aforesaid, for any purpose of taking oysters or oyster-
brood, although none be actually taken, or shall have any
net, instrument or engine drag upon the ground or soil of
any snch oyster bed, laying or fishery, every person or per-
sons so offending be held and deemed guilty of a misde-
meanor, and, upon conviction thereof, shall be punished by
a fine or imprisonment, or both, as the Court may award,
such fine not to exceed one hundred ($100) dollars, and such
imprisonment not to exceed six (6) months. Nothing con-
tained in this section, or section 43 shall be so construed to
prevent any person or persons from catching or fishing for

an

any swimming or floating fish with any net, instrument or
engine adopted for taking swimming or floating fish.

Section 45. Clams.

That no clams to be taken from the public grounds of
the State for a period of two (2) years; Provided, this ap-
plies to clams taken for commercial purposes to be shipped —
without the county in which they are taken, and not the
clams taken by any person or persons for their personal
use or for sale and consumption in the county where taken.
Any person or persons, firm or corporation violating the
provisions of the above shall bé punished by a fine of not
more than one hundred ($100) dollars or less than twenty-
five ($25),dollars or be imprisoned for not more than sixty
(60) or less than fifteen (15) days.

Section 46

All Acts or parts of Acts inconsistent with this Act are
hereby repealed.

Section 47

This Act shall take effect immediately upon its ap-
proval by the Covernor.

Approved the first day of March, A. D. 1917.

RICHARD I. MANNING,
Governor.

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LIBRARY OF CONGR

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