Section 9-12-33

Culling of oysters.

(a) All oysters taken from the public reefs of this state shall be culled upon their natural reefs or beds as taken, and all oysters which measure less than three inches in length and all dead shells shall be immediately replaced and scattered and broadcast upon the natural reefs or beds from which they have been taken, and it shall be unlawful for any captain or person in charge of any vessel or any canner, packer, commission man, dealer or other person to purchase, sell or have in his possession or under his control any oysters off the public reefs or bedding grounds not culled according to the provisions of this section, or any oysters from such reefs or bedding grounds under the legal size aforesaid. Any excess of over five percent of dead shells and oysters under the size prescribed in this section shall be considered a violation of this section. In order that the inspector may arrive at the percentage of unculled oysters he shall cause to be culled according to law all or any part of cargo or stock on hand, and if the cargo or stock on hand is found to contain more than five percent of dead shells and oysters under three inches in length, the inspector shall condemn said cargo and stock on hand and cause the same to be reculled and cause the shells and young oysters to be taken to some place designated by an agent of the Division of Marine Resources; provided, however, that the Commissioner of Conservation and Natural Resources shall have the authority by duly promulgated regulations to reduce the legal measure of oysters to be culled to a length of not less than two and five-eighths inches, with an allowance of not more than five percent for undersized oysters and not more than five percent for dead shells, when the said Commissioner of Conservation and Natural Resources so deems the said reductions expedient or necessary; and provided further, that the Commissioner of Conservation and Natural Resources may in his discretion designate certain public reefs as to which an allowance of not more than 25 percent for undersized oysters may be provided from January 1 through May 31 in each year.

(b) Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction for his first offense, he shall be punished by a fine of not less than $50.00 nor more than $100.00; upon his second conviction thereof, he shall be punished by a fine of not less than $100.00 nor more than $150.00; and, upon conviction of a third offense thereof, he shall be punished by a fine of not less than $100.00 nor more than $200.00 and by the revocation of his license.

(Acts 1936-37, Ex. Sess., No. 169, p. 192, § 9; Code 1940, T. 8, §131; Acts 1945, No. 307, p. 500, § 1; Acts 1953, No. 708, p. 964, § 1; Acts 1963, 2nd Ex. Sess., No. 25, p. 192.)