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SECOND BI-ENNIAL REPORT
SHELL FISH DIVISION
STATE OF FLORIDA
FOR THE YEARS 1915 and 1916
T. J. APPLLEYARD, STATI PRINTER
SECOND BI-ENNIAL REPORT
SHELL FISH DIVISION
STATE OF FLORIDA
FOR THE YEARS 1915 and 1916
'. J. APPLEYARD, STATE PRINTER
TfARPO'N, B1or'Y11'R KNOWN AS THE -8IIXER KING,- FLORItIA"S SPORT FISH.
~i~i: ~C~ F
STATE OF FLORIDA.
Department of Agriculture-Shell Fish Division.
WV. A. McRAE, Commissioner of Agriculture, Tallahassee,
T. R. HODGES, Shell Fish Commissioner, Tallahassee, Fla.
P. B. McDOUGALL, Clerk, Tallahassee, Fla.
L. G. THOMPSON, Bookkeeper and Stenographer.
SPECIAL CIVIL ENGINEERS.
Frank Jarrett, Pensacola, Fla.
R. G. Ridgely, St. Petersburg, Fla.
Jas. A. Howze, Palmetto, Fla.
E. L. Wood, St. Andrews, Fla.
C. M. Rogers, Daytona, Fla.
DEPUTY SHELL FISH COMMISSIONERS AND PATROLMEN.
S. Tildon Davis, Jr., Sarasota, Fla.
C. D. Deaver, 508 Winter Place, Jacksonville, Fla.
Jas. A. Kimes, Old Town, Fla.
Leroy Kimes, Old Town, Fla.
N. D. Loyd, St. Andrews, Fla.
Guy L. Moore, Delray, Fla.
R. O. Park, Lakeland, Fla.
Griff J. Register, Jasper, Fla.
J. B. Richardson, Cedar Key, Fla.
R. L. Richardson, Cedar Key, Fla.
C. H. Van Auken. Ft. Lauderdale, Fla.
B. C. Williams, St. Petersburg, Fla.
J. D. Carter, Oak Hill. Fla.
W. A. Dunham, Pensacola, Fla.
Quitmnn Hay, Crystal River, Fla.
D. E. Little, Fernandina, Fla.
Geo. W. Livingston, Newberry, Fla.
A. A. Meyer, Apalachicola, Fla.
John L. Richbourg, Jr., Camp Walton, Fla.
Bryan Stapleton, Cedar Key. Fla.
J. F. Surrency, Fernandina, Fla.
E. R. Washington, New Port Richey, Fla.
W. J. Williams, New Augustine, Fla.
LETTER OF TRANSMITTAL.
Department of Agriculture, State of Florida,
Shell Fish Division.
To His Excellency,
Sidney J. Catts,
Governor of the State of Florida.
We have the honor to submit herewith the Biennial Re-
port of the Shell Fish Division, of the Department of
Agriculture, for the years 1915 and 1916.
W. A. McRAE,
Commissioner of Agriculture.
T. R. HODGES,
Shell Fish Commissioner.
*-- .. ~
STEAM PATROL BOAT ROAMER.
STEAM PATROL BOA %l I IUMEIU SII 1MVN-G M( U DEJ.HUL
SUMMARY OF REPORT.
The department has collected from the various sources
of revenue, incorporated in the Fish and Shell Fish laws,
for the years 1915-16, $45,949.58. Of this, $25,427.57 was
expended for Deputy and Patrol service.
Property and Credits Acquired.
In order to properly carry on the business of the De-
partment it was necessary to purchase property, which
added to other credits, are as follows:
Office Fixtures, including exhibit cases ....... 936.35
Boats and Equipment ...................... 2,592.57
Fees paid State for licenses. ................. 797.65
Replanting Oyster Bars ..................... 1,224.86
Exhibit .................... ............ 138.55
Cash deposited in State Treasury in General
Revenue Fund ......................... 2,460.30
Cash on hand to credit Shell Fish Fund...... 9,361.80
This leaves total Credits to the State in the Shell Fish
Fund of $17,512.08.
The Legislature of 1915 appropriated the sum of $15,000,
with which to buy a steam patrol boat for the Shell Fish
Commissioner, and $14,364.88 was expended for this pur-
pose and the balance of .i;::i.12 for final payment on
Patrol Boat Seafoam.
The sum of .1i0li.i was appropriated to be used in car-
rying out the provisions of the Salt Water Fish Law, as
the law went into effect immediately upon passage and no
revenue could be collected until the expiration of four
On account of the extensive territory tp be covered by
those engaged in this work, naturally it proved expensive,
but "853.61 of the appropriation is still in the Treasury
and other credits in the way of boat and office property
acquired to the amount of .
The Legislature of 191; made an appropriation of
$2,000 for books, nlaps, and printing; $1,672.55 of this has
been expended, leaving a balance in the Treasury of
The Commnission operates twenty-two boats in the patrol
service, at an average cost of $27.33 per day.
This includes salaries of boatmen, fuel. food, equipment,
repairs and all other incidental expenses pertaining to the
operation of the boats. This includes the large patrol
steamer Roamer and the gasoline patrol boat Seafoam.
STATE SHELL FISH BOAT SEAFOAM.
FLEET OF TYPICAL OYSTER BOATS IN HAtBO-h.
SHELL FISH FUND.
Fish Dealers' Licenses .........
Fish Boats Licenses ...........
Alien Boats Licenses ..........
Alien Fishing Licenses ... :....
Excess Net Tags ..............
Oyster Dealers' Licenses ........$
Oyster Boats Licenses...........
Lease Rentals ................
Two Cents Privilege Taxes .....
Deposits on Survey and Lease ..
Sale of Tags and Measures .... .
M miscellaneous .................
Total amount collected, 1915-16
Balance in Shell Fish Fund from
Last Report ................
SIInEL FISH FUND.
EXPENDITURES, 1915-1 6.
Office property ................$ 936.35
Office salaries ................. 1,625.00
Postage ...................... 750.84
Shcll Fish Industry.
Office supplies and expenses.... 114.33
Telephone and telegrams....... 251.30
Stenographer and janitor....... 492.54
Freight and express............ 255.26
Deputies' salaries ............. 9,716.69
Deputies' expense account...... 639.48
Bond premiums ................ 115.00
Boats and boat property....... 2,592.57
Boat salaries ................. 6,456.13
Boat equipment and repairs.... 2,319.31
Boat merchandise account...... 2,566.73
Gasoline and oil ............... 2,229.89
Coal ........................... 1,213.62
Dockage ..................... 200.50
Boat insurance ................ 262.50
Miscellaneous boat expense..... 85.22
Refunds on leases and licenses.. 159.70
Paid to surveyors .............. 63.49
Fees paid into State Treasury.... 797.65
Replanting oyster bars......... 1,224.86
Attorneys' fees and expenses.... 318.81
Exhibit ...................... 138.55
Tags and Measures ............ 143.95
Witness fees and sheriff's costs.. 126.80
Paid General Revenue Fund.... 2,460.30
Miscellaneous ................... 18.58
Balance in Shell Fish Fund....
APPROPRIATION FOR PURCHASE OF BOAT.
By appropriation for purchase of
boat for State Shell Fish Com'r... S.:>.iiiiii.t.I
To State Shell Fish Steamer "Roam-
er" and equipment ..............$14,364.88
To final payment on State Shell
Fish Patrol Boat "Seafoam".... 635.12-$15,000.00
FISH INDI)ISTY APPROPRIATION.
By appropriation ................. $10,000.00
Office property ................. .$ 90.50
Office salary .................... 314.50
Stenographer and janitor......... 44.63
Postage ......................... 101.20
Office supplies and expenses....... 23.02
Telephone and telegrams .......... 39.66
Express and freight .............. 21.13
Deputies and Patrolmen salaries... ::, :5.!92
Deputies expense account......... 89.99
Deputies bond premium ........... 5.00
Boat property ..... ............. 503.10
Boat salaries ................... 1,839.58
Boat equipment and repairs....... 416.53
Boat merchandise account ......... 627.77
Gasoline and oil .................. 1,036.06
Coal ............................ 93.50
Insurance ....................... 275.00
Dockage ........................ 21.00
Attorneys expenses .............. 14.30
Balance in State Treasury........ 853.61
BOOKS, MAPS AND PRINTING, OYSTER
By appropriation ..........................$ 2,000.00
To amt. expensed for books, maps and printing 1,672.55
Balance to credit of fund.................$ 327.45
TYPETS01F PATROL BOATS ISED P Y TIHE SHELL FISTI C'OMATSSION.
FAST IP.\TI I. OAT ")IE NITCE.
ENFORCEMENT OF LAWS.
The enforcement of conservation laws, as a general rule,
is a difficult matter-first, on account of the vast terri-
tory to be policed, and secondly, on account of lack of
appreciation of the importance of such enforcement by
the public generally. Conservation laws are enacted for
the benefit of the people, as the primary object of their
enactment is to encourage, protect and build up some
public resource in order that the people of a State may
enjoy more fully the fruits of the particular industry con-
The territory in Florida to be patrolled in the enforce-
ment of the fish and oyster laws cover approximately
three thousand miles, and the water lines of some of our
counties is as extensive as some of our sister States.
Patrolmen can travel an entire day within the confines
of one county.
To begin with, the Commissioner and patrolmen were
beset with many obstacles, but nearly if not all of them
have been overcome, and they now have the co-operation
of a great majority of those engaged in the industry.
The closed season on the mullet, during the spawning
time, has been closely observed during the past two sea-
sons and the illegal net is fast disappearing.
The laws have been violated, of course, and arrests have
followed, with convictions and the burning of illegal nets.
Much more efficient results have been secured during the
past season than last, as the patrol service has become
During the period covered by this report the Shell Fish
Commissioner has been almost constantly following up
the patrolmen by land and water and directing person-
ally the carrying out of the provisions of the law. He has
traveled during this time approximately forty-four thou-
MULLET, THE MONEY FISH OF FLORIDA. GREATLY IN NEED OF PROTECTION.
~L:LI8 ~F -M7''
SPANISHI MACKEREL. A MIGRATO IRY SALT WATER FISH WHICH BRINGS TO THE STATE A LARGE
Within the past two years a new industry has been
developed in Florida that is now worth over a million
Where formerly a very small quantity of shrimp were
caught and marketed in the State, now hundreds of boats
are engaged in the industry and trawl nets are being used
instead of the small haul seines.
Shrimp are now being canned extensively at Fernan-
dina, Apalachicola and Pensacola. The express records
show that twenty-seven thousand barrels of raw shrimp
have been shipped out of Fernandina during the past year
and over sixty thousand barrels have been canned. Apa-
lachicola follows a close second, while Pensacola has just
begun operations and bids fair to outstrip her competi-
The large Florida shrimp, or "prawns," as they are
called, are now filling the cans and being labeled by
Northern packers as their choicest brands.
SHRIMP, CRABS AND CRAY FISH.
The fin fishes, oysters and clams of Florida are pro-
tected, but the shrimp, crab and cray fish (Florida
Lobster), have had no provisions made for their future
While each of these delightful food products come un-
der the general term of "fish" no close season is pro-
vided for spawning or other restrictions laid down for
The stone crab is fast disappearing, also his cousin,
the "Florida Lobster," which is not excelled by any shell
fish that swims as a delightful article of food.
SEA TROUT, A GOOD MONEY PRODUCER. VERY MUCH IN DEMAND IN NORTHERN MARKETS.
I. t -
A CATCH OF ONE HUNDRED AND FIFTY-FOUR SEA TROUT IN TWO HOURS WITH TWO RODS
Florida has a great expanse of fish-propagating waters,
both fresh and salt, but no provisions have been made
for a fish hatchery.
Florida should have at least two fish hatcheries in
order that the many lakes and streams of the State
might be stocked with young fish. One should be located
on a fresh water stream, emptying into the Atlantic
ocean, and the other into the Gulf of Mexico, in order
that both fresh and salt water fish might be hatched
that inhabit these particular waters.
SURVEY OF OYSTER REEFS. FRANKLIN COUNTY.
A very comprehensive survey of the oyster reefs in
Franklin County has been completed by the Bureau of
Fisheries, Washington, D. C., a complete map of which
is made a part of this report.
Several months time was consumed by the Bureau in
making this survey, which shows all bearing bottoms,
desirable planting grounds, depth of water and consist-
ency of the bottoms.
The cost of this survey was approximately $10,000,
which expense was borne by the UT. S. Government.
This map will be of invaluable assistance to this depart-
ment in replanting the barren bottoms.
It is expected that another appropriation will be se-
cured through Congress to continue the survey of oyster
reefs in other counties of the State.
SIIAD. ONE OF THE SALT WATER FISH OF FLORIDA FOR WHICH A HATCHERY IS NEEDED.
STURGEON, ANOTHER VALUABLE SALT WATER FISH FOR WHICH A HATCHERY IS BADLY NEEDED.
The oyster may be determined as an edible mollusc.
one of the Lamellibranchiate Mollusca. It belongs to the
genus Ostrea, family Ostraeidfe, the members of which
are distinguished by the possession of an inequivalve shell.
the one half or valve being larger than the other. The
shell may be free, or attached to fixed objects, or may be
simply imbedded in the mud. The fry or fertilized ova
of the oyster are termed "spat" and enormous members of
ova are produced by each individual oyster during the
spawning season. Oysters will spawn in the Florida
waters during every month in the year, but the spawning
season is generally considered to be the best from March
until September in Southern waters.
A normal oyster is supposed to spawn ten million eggs
or "spat." The "spat" being discharged, each embryo is
found to consist of a little body inclosed within a minute
but perfectly formed shell, and possessing vibratile fila-
ments or cilia, by which the young oyster at first swims
freely about until it comes in contact with some kind of
clean cultch, such as shell, posts or any object in the water
that is not covered by mud or slime.
The young oyster grows very rapidly in the waters of
this State for the first twelve months, attaining a length
of three or more inches from hinge to bill. Of course this
rapid growth is more marked at certain locations along
the coast according to the feeding matter contained in the
waters. Ordinarily an oyster will attain its growth to a
marketable size of from three to five inches within two
years, the second years' growth being considerable less
than the first year. If undisturbed, oysters will grow to a
length of from six to twelve inches long.
Oysters have practically the same food value as meat
and are even more easily digested and therefore an im-
portant part of the invalids' diet. In buying beef, mut-
ton, poultry or fish, there is always considerable waste
in the form of bones, inedible portions, feathers, etc. In
a cut of steak, for instance, the waste often runs as high
as 30 to 60 per cent. In the oyster there are no bones or
feathers and no inedible portions. It is all meat and par-
ticularly rich in those elements which go to repair over-
worked brains and nervous systems.
It is estimated that a quart of oysters contains on an
average about the same quantity of actual nutritive sub-
stance as a quart of milk, or three-fourths of a pound of
beef, or two pounds of fresh codfish, or a pound of bread.
The nutritive substance of oysters contains considerable
protein and energy-yielding ingredients.
Prof. Frederick P. Gorham, Associate Professor of
Biology at Brown University, and Sanitary expert of the
Rhode Island Shell Fish Commission, says: "There is no
reason today why we should not give the oyster promi-
nent place in our dietary as a cheap, delicious, nutritious,
healthful and pure food product."
It is a well known fact that every food product has ad-
vanced in price while the oyster or clam market has not
changed. It cannot be "cornered" by the rich, and the
rich and poor alike may enjoy them.
POMPANO. CONSIDERED TO BE ARISTOCRAT OF ALL SALT WATER FISH.
SIIEI'A'SIEA). A BOTTORuM FISH 01' CONSIDERABLE VAUI E.
SHELL FISH INDUSTRY OF FLORIDA.
Among the many natural resources of the State of
Florida, may be considered the Shell Fish Industry. The
term "Shell Fish" includes only Oysters and Clams, ac-
cording to the construction of the State Shell Fish law.
This magnificent industry, like many others, had long
been neglected until badly depleted by unscrupulous deal-
ers and oystermen, who took without restriction oysters,
both large and small. Vast tracts of water bottoms, once
productive of carloads of marketable oysters daily, were
raked and scraped until the very oyster shell cultch itself
was removed from the natural oyster reefs, thus prevent-
ing Nature itself from reproducing the oysters that would
have naturally grown thereon by the catching of the
"spat" or spawn during the spawning season.
Perhaps few have ever considered the extent of the coast
line of the State of Florida, covering as it does a greater
distance than all the other Atlantic Coast States com-
bined. Including the bays,.creeks and salt rivers in which
oysters grow, we have approximately three thousand miles
of territory. Beginning at Pensacola, on the Gulf of
Mexico, and continuing around to Fernandina on the At-
lantic Ocean, or. we might say, on the "inland passage,"
on the Atlantic side of the State, there is scarcely a county
but what has thousands of acres of valuable water bot-
toms on which the very finest oysters and clams can be
Oysters are being cultivated extensively in Florida.
When we say "cultivation" we mean that either small
"coon" or seed oysters are being planted on these produc-
tive bottoms, or oyster shell, brush or some kind of cultch
is being placed on the bottoms on which the "spat" catches
and thus produces the oyster. Cultivated oysters, grown
since the passage of the State Shell Fish law, are now
being marketed at a good profit by some of the lessees.
Three large oyster canning plants are located at Apa-
lachicola. There is also a canning plant at Nassau City
in Nassau county. These factories turn out carloads of
fine can stock for which they have a ready market.
The raw houses and canning plants have used 869,266
bushels of oysters and clams during the past twenty-
Lee county might be determined the "home of the
clam" of Florida. The variety grown in our waters are
what is commonly known as Quahaugs or Venus Mercer-
naria. These clams are to be found from Pensacola to
Fernandina in scattering quantities, but in Lee county
they are in sufficient numbers to warrant the location of
canning factories and two large factories are located at
Marco and Caxambas. About 13,000 bushels of clams are
canned annually by these two factories.
RED FISH. FOUND IN ALL SALT WATERS OF THE STATE AND APPRECIATED BY THE SPORTSMEN.
CRAY FISH, (FLORIDA LOBSTER). BADLY IN NEED OF PROTECTION.
Conservation of the natural resources of a State by
the present generation is the birthright of the generations
to come. If our sons and daughters are to enjoy the use
of our forests, game, fish and oysters and other natural
resources, then it is the duty of the men and women of
today to see that they are not totally destroyed, but built
up and conserved in such a manner as to be a blessing to
those that are to follow.
Nearly every State in the Union has been active along
this line for several years, while Florida has been very
backward in preserving these God-given talents and caus-
ing them to multiply ten fold for her people.
Realizing the importance of the preservation and cul-
tivation of the Shell Fish Industry of Florida, the legis-
lature of 1913 enacted a law, having as its main purpose
the building up and protection of the oyster and clam
business of the State. The administration of this law
for two years convinced the people of the State that not
only the oysters and clams of the State should have pro-
tection, but the fishing industry as well.
The legislature of 1915 gave much thought and con-
sideration to the matter of protective legislation and
enacted a law that guaranteed to the fish industry of the
State necessary protection, and at the same time, pro-
vided means by which the machinery of the law might
be operated at the expense of those who were enjoying
the privilege of the exclusive right to make a livelihood
from the fish and oysters, and at the same time, yield a
revenue to the General Treasury, which might be enjoyed
by those not participating in this particular line of busi-
Formerly all restrictions were disregarded and the fish
laws of the State were practically a dead-letter. Strict
enforcement means the future of the fishing industry of
STONE CRAB, A DELICATE CRUSTACEAN. FAST DISAPPEARING. FOUND ALONG THE SAND REEFS OF
BLUE CRAB. WHICH AFFORDS A DELICIOUS FOOD. FOUND GENERALLY IN ALL SALT WATERS OF
THE STATE. WORTH ANNUALLY TO THE STATES OF MARYLAND AND VIRGINIA $1,646,458.00.
LIST OF LEASES WITH RENT PAIl) TO .JANUARY
Name. County. Acreage.
Aitchison, Archer ......... Pinellas .......... 14.30
Allen, C. C................ Pinellas .......... 1.90
Armstrong, F. C............Manatee ........... 8.60
Baker, A. C.............. Volusia .......... 7.00
Baker, O. A .............. Volusia .......... 2.20
Baker, O. A ............... olusia .......... 2.60
laker, A. C .............. Volusia .......... 3.00
Baker, Mrs. A. G. II....... olusia .......... 10.00
Baker, Mrs. A. G. H .......Volusia .......... t.50
Barney, Everett, II........Manatee ............. 24.70
Baumgartner, E. ........ .IIillsborough ...... 12.50
Baumgartner, E. ......... lillsborough ...... 8.60
Baumgartner, E. & C. E. .. .Hillsborough ...... 8.00
Baumgartner, E. & C. E ... Ilillsborough ...... 3.00
Bay Biscayne Company.... )ade ............. 8.20
Beekman, J. C ............ Pasco ............ 19.70
Benjamin, H. C. & II. R .... Pinellas .......... 3.60
Bingham, F. F ............. Escambia ......... 1.50
Blum, Chas ....... ..... Nassau ........... 1.28
Bowen, Wmi. ........... St. Lucie ......... 20.00
Brandon, J. W ............. Hillsborough ...... 9.70
Brandon, Raymond ....... Hillsborough ...... 9.30
Braren, John SR............ Volusia .......... 72.00
Bryant, Vesta A.......... Nassau ........... .43
Bryant, J. M............... St. Johns ........ 13.60
Burland, W B. ......... Citrus ........... 4.00
Burnett & Kickliter ........ Tillsborough ...... 2.70
Burnett & Kickliter. ....... Ilillsborough ...... 6.50
Cahoon, W D........... ..Santa Rosa ....... 1.0.00
Capo, Paul ................ St. Johns ......... 1.80
Cook, B. W ................Nassau ........... .46
Corbett, G. W.............. St. Johns ......... :38.70
Corbett, G. W ............. St. Johns ......... 2.70
Name. County. Acreage.
Corbett, G. W .............St. Johns ......... 50.00
Corbett, G. W ............. St. Johns ......... 5.30
Corbett, G. W ........... St. Johns ......... 5.25
Cornish, A. E............. Pinellas .......... 8.60
Daniels, M. B. & S........ St. Lucie ......... 10.00
Dawley, Byron ..........St .Lucie ......... 30.00
Dondanville, Ed ..........Volusia .......... 15.00
Drew, Frank .............Nassau ........... 63.00
Dupont, Dan ............. Volusia .......... 6.00
Durrance, J. R ........... Pinellas .......... 10.60
Dye, W H ................Volusia .......... 3.00
Earnhardt, W C..........Volusia .......... 1.00
Earnhardt, W. C..........Volusia .......... 2.00
Edwards, C. S.............Citrus ............ 10.00
Edwards, W. S............Volusia .......... 3.00
Faber, C. Leon ............ St. Lucie ......... 17.00
Faubel, J. H.... .......... Manatee .......... 25.30
Fellows, Dr. J. H........... Escambia ......... 2.00
Ferguson, H. T........... I'inellas .......... 11.90
Fessenden, J. H. & Cul
breath, John ............ Hillsborough ...... 82.70
Freeman, 'G. W ............Volusia .......... 2.00
Freeman, Anthony ........ Volusia .......... 2.00
Freeman, Robert .......... Volusia .......... 2.00
Freeman, Solomon ........Volusia .......... 1.00
Freeman, Hannah ......... Volusia .......... 2.00
Gerbing, G. .............. Nassau ........... 20.40
Gerbing, G. ............. Nassau ........... 151.00
Gibson, J. B. & R. E....... Hillsborough ...... 12.00
Gibson Brothers .......... Hillsborough ...... 27.00
Gillman, J. R. & Son....... Volusia .......... 15.00
Gonzalez, D. B............ Escambia ......... 92.90
Griner, T. M .............. Wakulla .......... 20.00
Gutierrez, G. .......... Hillsborough ...... 9.00
Haff, A. J................. Volusia ......... .75
Hailig, Mrs. A............. Nassau ........... .63
Name. County. Acreage.
Hall, Chas. R ............. Pinellas ........... 8.40
Harris, J. L............. Volusia .......... 3.20
Henry, W. L..............Hillsborough...... 19.80
Hickman, I. M.............Volusia .......... 2.00
Hirth, L. G...............Nassau ........... 32.00
Hurd, Fred ...............Escambia ......... 20.00
Inglis, John L ............. Citrus ............ 8.90
Jackson, J. C............. Volusia .......... 3.00
Jackson, R. C............. Hlillsborough ...... 2.50
Johnson, H. G............. Volusia .......... 2.00
Jones, Henry ............ Volusia .......... 36.90
Kennedy, F. R............ Pinellas .......... .90
Lathan, Geo. A............Duval ............ 5.20
Lathan, Geo. A............Duval ........... 1.50
Lathan, Geo. A............Duval ............ 5.00
Lathan, Geo. A........... Duval ............. 10.50
Lathan, Geo. A........... Duval ............ 8.00
Lathan, Geo. A............ )uval ............ 7.00
Leach, Julia May.......... Volusia .......... 3.00
Leflingwell, Jack B. &
Brooks, John ...........Manatee .......... 15.21
Linton, W. F............ Wakulla .......... 25.00
Litsey, S. B .............. Volusia .......... 3.00
Lohman, W.. ............. Nassau .......... .35
Longe, E. G............... Volusia .......... 25.60
Lowe, Chas. A.............Volusia .......... 6.00
Lowe, D. O................Volusia .......... 2.00
Make, Michael ........... Nassau ........... 39.62
Masters, J. M ............. Volusia .......... 3.60
Matheny, Geo. H. & Son .... Manatee .......... 20.40
Matheson, Hugh M.......... Dade ............. 5.00
Maus, Edgar C............ Manatee .......... 1.20
Morford, G. W ............. Volusia .......... 4.50
Morse, Geo. A .............Nassau ........... 9.80
Murphy, B. A..............Escambia ......... 7.00
Murry, E. R ............... Hillsborough ...... 38.00
iName. County. Acreage.
McDonald, G. W ......... Volusia .......... 3.40
McDonald, E. F ...........Volusia .......... 5.00
McDonald, A. F...........Volusia .......... 15.00
McKean, Geo. R...........Manatee .......... 3.40
Neider, Carl ..............Hillsborougl ...... 3.30
Nordman, Fred .......... .Volusia .......... 2.00
Nordman, Fred ........... Volusia .......... 2.00
O'Brien, W H ............ Citrus ............ 8.50
Ogden, W B. ............ .Dade ............. 20.00
Organ, F. A ...............Pinellas .......... 3.48
Palmer, Mrs. Potter........ Manatee .......... 53.33
Palmer, Mrs. Potter.......Manatee .......... 104.90
Palmquist, A. P........... Pinellas .......... 8.40
Peck, W H ............... Nassau ........... .53
Prifer State Bank......... Levy ............. 356.00
Prifer State Bank ......... Levy .............. 50.00
Pinkham, W. S. M......... St. Johns ......... 2.80
Platt, Edgar H ...........Nassau ............ .37
Price, C. C............... Volusia .......... 1.00
Ramm, F. W ............. Pinellas .......... 11.40
Ramm, F. W ............. Pinellas .......... 5.62
Richards, A. S............ Hillsboroug-1 ...... 1.27
Richardson, A. 'W......... Nassau ........... .37
Roberts, T. H .............Volusia .......... 4.70
Roberts, J. S.............. Volusia .......... 3.70
Roberts, Leroy ............ Volusia .......... .2.00
Roberts, Louis ............ Manatee .......... 5.60
Roberts, Clarence ......... Manatee .......... 9.60
Rogers, W S.............. Volusi; .......... 10.00
Romer, R. S.............. Nassau ........... .75
Saunders, R. B............ Escambia ......... 3.00
Sawyer, S. T.............. Manatee .......... 7.00
Schultz, Dr. F. Win........ Manatee .......... 6.67
Severson, Geo. H .......... Volusia .......... 2.00
Sherrill, J. H.............. Santa Rosa ....... 150.00
Short, John E............. Hillsborougli .. (.
Name. County. Acreage.
Smith, J. Archer ..........Volusia .......... 16.40
Snell, C. P. & Hanna, R. S. .Pinellas .......... 7.00
Starrett, Harrison ........ I)uval ............... 7.50
Stover, Edward ........... Volusia .......... 1.00
Sullivan, W. E ............ Volusia .......... 4.80
Thompson, L. I............Volusia .......... 4.00
Townsley, F. M ............ Volusia .......... 1.50
Townsley, P. M ............ Volusia .......... 2.00
Van Eepoel, August....... Hillsborough ...... .70
Van Eepoel, August........Hillsboroughl ...... 28.15
Vinson, T. J.............. Escambia ......... 20.00
Vinson, .T. J.............. Escambia ......... 4.00
Whittaker, Dr. F. C........Manatee ........... 8.40
W illiams, C. C............ Duval ............ 23.50
W illiams, A. E ........... Duval ............ 11.00
Williams, 0. L ...........Hillsborough ...... 18.40
Wilmarth, Samuel ........ Volusia .......... .75
Wilson, R. V. & Rawlins,
Archer ................. Hillsborough ...... 27.33
Woodard, W. H...........Volusia .......... 2.20
Worcester, Thos. M ........ anatee .......... 5.00
Yent, W H ............... Citrus ............ 10.00
A FULL GROWN OYSTER (ELEVEN INCHES LONG) FROM INDIAN PASS
A TI 1O OF ';I'ItEI':SENTATIVE OYSTERS FItOM FIANKI,N (()I'NTY.
CHAPTER 6532-(No. 112).
AN ACT to Encourage, Protect, Regulate and Develop
the Shell Fish Industry of the State of Florida, and to
Increase the Revenue of the State of Florida There-
from, by Recognizing and Declaring the Ownership of
the State in and to the Bottoms or Beds of the Bodies
or Streams of Water Along the Coast of the Gulf of
Mexico and Along the Coast of the Atlantic Ocean
Within the Jurisdiction of the State of Florida Not
Heretofore Granted or Conveyed, for the Purpose of
Giving Exclusive Rights to Plant Oysters and Clams
by Recognizing and Declaring the Ownership of the
State in and to All Reefs and Beds of Oysters, Clams
and Other Shell Fish Growing Naturally Thereon; for
the Protection of Those Heretofore Engaged in the
Growing of Oysters; by Creating the Office of Shell
Fish Commissioner of the State of Florida, and Defin-
ing His Powers and Duties; by Providing for the Leas-
ing of Oyster and Clam Lands Belonging to the State;
by Providing for the Licensing, Registration and Desig-
nation of Vessels Employed in the Oyster and Clam
Industry; by Levying a Special Assessment or Privil-
ege Tax on Oysters and Clams Produced in Said Wa-
ters; and a Police License on Persons, Firms, Corpora-
tions and Vessels Engaged in the Oyster and Clam
Industry; by Providing for the Manner of Collecting,
Handling, Depositing and Disbursing the Revenues De-
rived from Said Industry, and the Distribution of the
Surplus Revenues; by Providing for the Protection and
SEnlargement of the Natural Oyster and Clam Reefs and
Beds of This State, and for the Creating of the Artificial
Reefs or Beds by Authorizing the Counties to Make Ap-
propriations Therefor; by Providing Such Other Regu-
lations and Provisions As Are Necessary to Properly
Carry Out the Objects and Purposes of This Act; by
Providing Penalties for the Violations of This Act; and
by Repealing and Superceding All Laws on the Same
Subject Matter and in Conflict With the Provisions of
Be It Enacted by the Legislature of the State of Florida:
Control of Beds of Bays, Etc.
Section 1. That all beds and bottoms of the rivers,
bayous, lagoons, lakes, bays, sounds and inlets bordering
on or connecting with the Gulf of Mexico and the Atlantic
Ocean and the beds or bottoms of the Gulf of' Mexico
and the Atlantic Ocean within the jurisdiction of the
State of. Florida, and all oysters, clams, and other shell
fish naturally growing thereon shall continue and remain
the property of the State of Florida, and shall be under
the control of the Commissioner of Agriculture of the
State of Florida, which said Commissioner may permit
of their use by residents of the State of Florida, firms
composed of residents of the State of Florida, and Flor-
ida corporations and foreign corporations which have re-
ceived permits to do business in this State, for the purpose
of fishing, taking, catching, bedding and raising oysters,
clams and other shell fish subject to the reservations and
restrictions hereinafter imposed by this Act.
Convle ance,,s Under This Act.
No grant, sale or conveyance of the lands forming the
bottoms or beds of said bodies or streams of water, ex-
cept conditional leases and dispositions hereinafter pro-
vided for, shall hereafter be made by the State, the In-
ternal Improvement Fund, the Commissioner of Agri-
culture, or by any other official or political corporation.
Persons and corporations which have received, or may
hereafter receive, permits to do business in this State,
with their factories, shucking plants and shipping de-
pots located in this State, may enjoy the right of fishing
oysters and clams from the natural reefs and of bedding
oysters and clams on leased bedding grounds, and shall
have the right to employ such boats, vessels, or labor
and assistance as they may need; Provided, such oysters
and clams are canned, shucked or packed in this State, or
shipped raw in shell from a shipping depot in this State
for consumption either in or out of the State; but no
person, firm or corporation shall ship oysters or clams
out of the State for canning or packing, or carry them
out of the State for shipping. The words shell fish shall
be construed to be oysters, clams and wilks, and the pow-
ers and authority herein conferred upon the Shell Fish
Commissioner, as named herein, shall only relate to oys-
ters. clams and wilks.
Notice of O.wnership of Oyster Beds.
Sec. 2. That all grants prior to June 1, 1913, made in
pursuance of heretofore existing laws, where the person,
firm or corporation receiving such grant, his heirs or as-
signs, have bona fide complied with the requirements of
said law, be and the same are hereby confirmed as under
said laws provided for; Provided, that if any maternal
or natural oyster or clam reefs or beds on such granted
premises are one hundred square yards in area and con-
tained natural oysters and clams (coon oysters not in-
cluded) in sufficient quantity to have been resorted to
by the general public for the purposes of gathering oys-
ters or clams to sell for a livelihood at the time they were
planted by such grantee, his heirs or assigns, such reefs
or beds are hereby declared to be the property of the
State; and when such beds or reefs exist within the terri-
tory heretofore granted as above set forth, or that may
hereafter be leased, such grantee or lessee shall mark the
boundaries of such oyster and clam reefs or beds as may
be designated by the Shell Fish Commissioner as natural
oyster or clam reefs or beds, clearly defining the boun-
daries of the same, and shall post notice or other device,
as shall be required by the Shell Fish Commissioner, giv-
ing notice to the public that such oyster or clam bed or
reef is the property of the State, which said notice shall
be maintained from September 1st to June 1st of each
and every year, on each oyster bed or reef and on each
clam bed, for such period of each year as the Shell Fish
Commissioner may direct, at the expense of the grantee
or lessee. The said Shell Fish Commissioner shall in-
vestigate all grants heretofore made, and where, in his
opinion, the lessee or grantee has not bona fide complied
with the law under which he received his grant or lease,
he shall report the same to the Commissioner of Agri-
culture, who is hereby authorized and required to insti-
tute legal proceedings to vacate the same, in order to
use such lands for the benefit of the public, subject to the
same dispositions as other bottoms.
Compensation and Powers of Shell Fish Commissioner.
Sec. 3. The Governor shall appoint one competent
person, who shall fill the office of Shell Fish Commissioner
of the State of Florida, and who shall not be financially
interested in the oyster or clam industry, who shall hold
the office for a period of four years and until his suc-
cessor is appointed and qualified, and he shall be under
the general direction and supervision of the Commissioner
of Agriculture, and shall receive, as full compensation,
out of any funds not otherwise appropriated in the office
of the State Treasurer, $166.66 per month and actual
traveling expenses, while engaged in the discharge of his
official duties, not to exceed. $800.00 per annum, which
salary and expenses for the previous month shall be pay-
able on the 15th of each and every succeeding month.
Said Shell Fish Commissioner shall be, and he is hereby,
vested with full and complete police power and authority
on behalf of the State, to such an extent as his powers
and discretion shall be authorized by the provisions of
this Act and subsequent Acts of the Legislature. Said
Shell Fish Commissioner shall be removed by the Gov-
ernor for cause. The said Shell Fish Commissioner shall
permit no clerks, agents, deputies or employees of his
to be interested in the oyster industry, or to be in the
employ of any person, firm or corporation engaged in the
oyster industry, under penalty of forfeiture of all rights
sought to be acquired by said clerks, agents, deputies or
employees. Said Shell Fish Commissioner shall have his
domicile at such a place within this State as he may
select, and at which said office the records of the Shell
Fish Commissioner shall be kept.
Duties of Commissioner of Agriculture.
Sec. 4. The Commissioner of Agriculture shall have
authority, in the name of and for the State, to buy, sell,
hold, lease and hypothecate property, real, personal and
mixed, in connection with the shell fish industry; to make
and execute all contracts, and generally to do and per-
form all things necessary to carry out the provisions of
this Act, subject to all limitations and duties herein pro-
vided. Copies of all regulations of said Commissioner of
Agriculture, and copies of his proceedings, or leases,
papers and other records, certified to by him under his
seal, concerning any matter touching on the oyster and
clam industry or business, shall be received in all courts
as prima facie evidence of the acts, documents, records
and proceedings of said Commissioner of Agriculture
concerning the same. Said Commissioner of Agriculture
shall adopt rules and regulations for a comprehensive
accomplishment of this Act and the control of tIle oyster
and clam industry, and he is hereby authorized to sus-
pend, close or prevent the catching of oysters or clams
for a period at any one time not exceeding two years,
from any natural or artificial reefs or beds, or from any
bed, planted by the State or any County.
Any person in interest who feels aggrieved by any such
rule or regulation of the Commissioner of Agriculture
concerning any oyster or clam matter shall have the right
to test the legality, justice or reasonableness of the same
in the chancery courts.
It shall be the duty of the said Commissioner of Agri-
culture to examine all accounts, and determine, together
with the Shell Fish Commissioner, what work shall be
undertaken. The Shell Fish Commissioner shall, under
the direction of the Commissioner of Agriculture, im-
prove, enlarge and protect the natural oyster reefs of
this State as the means at their disposal will permit,
and they may deem advisable. Said Shell Fish Commis-
sioner and his deputies shall assist and give the same
attention and as great effort in protecting the leases and
grants of persons holding grants or leases in the enjoy-
ment of their right as he does in protecting the nat-
ural oyster reefs or beds of the State, and he shall make
to the Commissioner of Agriculture a detailed report of
his acts and doings as such Shell Fish Commissioner, and
of the condition of the Shell Fish Industry, and the oyster,
clam and shell fish territory belonging to the State, and
the Commissioner of Agriculture shall make to each ses-
sion of the Legislature a detailed report of his acts and
doings in the Shell Fish business hereunder, and such rec-
ommendations for the development of the Shell Fish In-
dustry, and the proper protection of the rights of the
State, and private holdings as he may deem advisable.
Duties of Attorney General.
Sec. 5. It shall be the duty of the Attorney General
to do and perform the legal business of said Commis-
sioners, but if at any time any question of law or any
litigation arises, and the Attorney General is otherwise
occupied and cannot give the time and attention neces-
sary to such question of law or litigation as the occasion
demands, it shall be the duty of the several State at-
torneys to attend to any such question of law or litiga-
tion arising within their respective Circuits, and if such
State Attorney is otherwise occupied and cannot give the
time and attention necessary which such question of Court
or litigation as the case may demand, the said Commis-
sioner of Agriculture may employ additional counsel for
that particular cause, with the advice and consent of
the Attorney General, which additional counsel's fees shall
be paid out of any funds to the credit of the Shell Fish
Employment of Surveyor and Prescribing His Duties and
Sec. 6. The said Commissioner of Agriculture may
employ a civil engineer and surveyor to be known as
the chief surveyor, whose compensation shall be not
more than $125.00 per month and actual traveling ex-
penses, and whose services shall be devoted exclusively to
the work of the said Commissioner of Agriculture, under
the direction of the Shell Fish Commissioner, when, in
his opinion, the same is necessary, provided, there are
sufficient funds to the credit of the Shell Fish Industry to
provide for payment of his salary and expenses. The said
Commissioners shall accept, adopt and use the official
reports, surveys and maps of oyster, clam or other shell
fish grounds that may hereafter be made under the di-
rection of the U. S. Fish Commission as prima facie evi-
dence of any natural oyster reefs for the purposes and
intents of this Act. The Commissioner of Agriculture
may employ other surveyors as may be necessary to have
any other bottoms surveyed when deemed necessary. It
shall be the duty of said chief surveyor and said other
surveyors to survey the.bedding grounds of applicants.
Said Surveyors shall receive as pay or compensation for
such work such sums as may be agreed upon by said Sur-
veyors and the said Commissioner of Agriculture, not to
exceed five dollars per day and actual traveling expenses.
The cost of all surveys shall be paid by the applicant,
which cost shall include five dollars a day and actual
traveling expenses of the Chief Surveyor, when the survey
is made by him, to be placed to the credit of the Shell
Fish Industry, with the State Treasurer. The said Shell
Fish Commissioner shall have authority to appoint depu-
ties to act as collectors, patrolmen and to do and per-
form other duties imposed upon the Shell Fish Commis-
sioner by this Act, as he may deem proper, at salaries,
wages, hire or commission, to regulate the oyster and
clam industry and carry into effect the provisions of this
Act and the rules and regulations of the Commissioner of
Agriculture, as may be agreed upon between them; pro-
vided, no such deputy shall receive as compensation more
than 10 per cent. of all moneys collected by him, and
which such compensation not to exceed $50.00 per month.
All deputies of the Shell Fish Commissioner may be re-
moved by him at any time for cause.
Reports-Disposition. of Funds Collected, Etc.
Payment of Accounts.
Sec. 7. All funds collected under the provisions of
this Act by any deputy or agent of the said Shell Fish
Commissioner shall by such deputy or agent be remitted
daily to the Commissioner of Agriculture, or he shall
daily deposit the same in any P. 0. Depository or Bank,
designated for this purpose by the said Commissioner of
Agriculture, provided the collections amount to 95.00 or
more, and at the end of each and every week he shall
make a detailed report and remit or deposit as afore
said, as he may be directed, any moneys on hand col-
elected under the provisions of this Act for that week to
the said Commissioner of Agriculture. The said Com-
missioner of Agriculture shall at the end of each and
every month, for the previous month, make a detailed re-
port, in triplicate, of all moneys collected, showing when
collected, and from what source, one copy of which he
shall file in his office, one copy shall be by him mailed
,or delivered to the Governor of the State of Florida, and
one copy, together with all moneys received by him from
said Shell Fish Industry for the previous month, shall
be deposited by him with the State Treasurer. The State
Treasurer shall receive the same and place said amount
to the credit of the Shell Fish Industry in a book kept
by him for that purpose. All accounts, claims and bills
,of every nature against the Shell Fish Industry shall be
examined by the Commissioner of Agriculture, and if
found correct he shall 0. K. the same and deliver it to
the Comptroller. The Comptroller, upon receipt of any
account, claim or bill against the Shell Fish Industry,
when O. K. by the Commissioner of Agriculture, shall
issue his warrant, drawn on the State Treasurer against
the Shell Fish Industry, to pay such account, claim or
bill. All warrants drawn on said Shell Fish Industry
fund by the Comptroller shall specify the indebtedness
said warrants are intended to liquidate, in whole or in
part, which warrants the State Treasurer shall honor
and pay out of any moneys to the credit of said Shell
The fiscal year shall begin July 1st and end June 3.0th
,of each and every year.
Collection of Licenses, Etc.
The funds from all licenses, rents and other sources,
inclusive of the two-cent privilege tax hereinafter re-
quired, shall be collected by the said Shell Fish Commis-
sioner under such rules and regulations as the Commis-
sioner of Agriculture may prescribe, and he shall remit
or deposit the same as the Commissioner of Agriculture
Receiving or Transporting During Closed Season.
Collection of Privilege Tax.
No railroad, steamboat or other common carrier shall
knowingly transport any raw oysters or clams during the
closed season, or knowingly receive any oysters or clams
subject to the privilege tax herein provided, and upon
which the privilege has not been paid, without entering
the tax on the bill of lading and collecting the same,
and it shall be their duty to remit the amount of tax so
collected to the Commissioner of Agriculture at such
times and in such manner as he may direct, and it shall
be unlawful for any common carrier to transport any raw
oysters between the 15th day of April and the 1st day of
October of each year. Any common carrier so transport-
ing or failing to collect said privilege tax as herein pro-
vided for, and failing to remit the same to the Commis-
sioner of Agriculture, as herein provided for, shall be
deemed guilty of a violation of the provisions of this Act.
Oysters and clams may be taken at any time for the home
consumption only by such persons taking them, and not
exceeding one barrel in shell or two gallons of opened or
shucked oysters or clams in any one day.
Bonds of Commissioner and Deputies.
Bonds for the faithful performance of his duties shall
be furnished by the Shell Fish Commissioner, made pay-
able to the Governor of the State of Florida, in the sum
bf one thousand dollars. The Shell Fish Commissioner
shall have the right to require all his deputies, "agents
or employees, employed in carrying out the provisions of
this Act, to give bond in such sum as in his judgment he
may deem fit. All bonds shall be made payable to the
Governor of the State of Florida. No one interested in
the oyster or clam industry shall be competent security
on said bonds.
Employment of Clerical Assistance and Purchase of
Sec. 8. The said Commissioner may employ necessary
clerical assistance, and the Commissioner of Agriculture,
at the request of the Shell Fish Commissioner, may ac-
quire such boats, vessels and other property as in his opin-
ion may be necessary to regulate and control the oyster
and clam industry, as soon as sufficient funds become
available, and said Shell Fish Commissioner, with the
consent of the Commissioner of Agriculture, may estab-
lish and maintain by means of vessels, the necessary pa-
trol of the waters herein stated, with authority to use
such force as may be necessary to capture any vessel or
person violating the provisions of this Act. The said
Commissioner of Agriculture shall have the power to es-
tablish ports of entry at such points as he may deem con-
venient, where the privilege tax hereinafter levied on oys-
ters and clams shall be paid, and he shall have the power
to make such rules and regulations as may be necessary
to enforce the collection of the privilege tax or license
hereinafter levied on oysters and clams 'subject thereto,
and upon boats, persons, firms and corporations engaged
in the oyster and clam industry.
Report of Shell Fish Handled.
Each packer, canner, corporation, firm, commission man
or dealer in shell fish shnll keep a record on blanks or
forms prescribed by said Commissioner of Agriculture, of
all oysters, clams and shell fish purchased, used or han-
dled ,by him or them, with the name of the parties from
whom purchased, the quantity and the date, and shall
keep an itemized account of all oysters, clams and shell
fish caught by such packer, corporation, firm, dealer or
other person, when caught and taken by boat controlled
by them, and shall exhibit said account at all times when
requested so to do by the Shell Fish Commissioner, or
by any of his deputies, or agent, or person authorized by
him in writing so to do, and shall on the first day of each
month make a return under oath to the said Commis-
sioner of Agriculture, as to the number of oysters, clams
and shell fish purchased, caught or handled during the
preceding month, and the making of any false affidavit to
any return shall be perjury, punishable as provided in
case of perjury. The Commissioner of Agriculture shall
be authorized to require detailed returns whenever he
deems same necessary.
Privilege Tax of Two Cents Per Barrel.
Sec. 9. For the purpose of improving and enlarging
the natural reefs and protecting both the natural reef
and private bedding grounds, and to carry out the pur-
pose of this Act, as one of the conditions on which the
State consents to the fishing, gathering, or removal of
oysters and clams from her natural reefs, and the use or
rental of her water bottoms for oyster and clam propagat-
ing purposes, there shall be and is hereby levied a special
assessment forced contribution, or privilege tax of two
cents per barrel on each and every barrel of oysters or
clams gathered from the waters of this State, whether
from the natural or artificial oyster or clam reefs, bed-
ding or propagating grounds, for sale or consumption,
and on all oysters or clams that are opened before they
have been measured in the shell, a privilege tax of one
cent per gallon, or fraction thereof, shall be imposed.
Oysters or clams taken from any natural reefs for bed-
ding purposes shall not pay this privilege tax until again
taken up for consumption or sale.
Inspection by Commissioner or Deputy.
Sec. 10. The said Shell Fish Commissioner and any
of his deputies are hereby authorized to enter upon any
boat or into any building where oysters or clams are car-
ried or stored, to examine such oysters or clams at any
and all reasonable times. No person, firm or corpora-
tion shall engage in the business of canning oysters or
clams in this State until such person, firm or corpora-
tion shall first have procured from the Commissioner of
Agriculture an annual police license of which a charge
of $2.00 per lineal foot shall be made for each steam box
in use, or to be used in such establishment, and where
no steam box is used, there shall be a charge of $50.00
for each retort or process kettle; and no person, firm
or corporation shall engage in the business of buying
for re-sale or shipping, raw oysters or clams in shell, or
packed or opened raw until they shall first have procured
from said Commissioner of Agriculture an annual police
license, for which a charge of twenty dollars shall be
made, when ten or more shuckers at any one time shall
be employed in such establishment; when less than ten
and more than five shuckers are employed at any one
time, the police license shall be ten dollars per annum;
when less than five shuckers are employed at any one
time, the license shall be $5.00 and when no shuckers
are employed, and oysters are handled in shell only, the
police license shall be two dollars, when less than 500
barrels are bought per annum; and four dollars per an-
num, when less than 1,000 barrels and more than 500
barrels are bought per annum; when more than 1,000 bar-
rels and less than 5,000 barrels of oysters are bought
per annum, ten dollars per annum; when more than
5,000, and less than 10,000 barrels of oysters are bought
per annum, fifteen dollars per annum, and when more
than 10,000 and less than 20,000 barrels are bought per
annum, $20.00 per annum; and when the number of bar-
rels bought per annum shall exceed 20,000 barrels, the
license shall be thirty dollars per annum. Where a per-
son, firm or corporation is engaged in handling both raw
shucked and shell oysters, he shall pay each license.
Secure Police Licenses.
No person, firm or corporation shall begin business
without first procuring at least the minimum license. At
the end.of the year the sworn returns herein provided for,
of oysters, clams and other shell fish bought by each
licensee, shall be computed and.such licensees shall pay
any additional sums shown to be due thereby. Any and
all vessels or boats engaged in the oyster or clam in-
dustry, before beginning operations, must first secure a
police license from the said Commissioner of Agricul-
ture, and for this purpose the owner, captain or agent of
such vessel must present in writing, an application set-
ting forth the name and description of such vessel, the
name and postoffice address of the owner, captain or
agent, and the usual number of the crew, and such fur-
ther data as said Commissioner of Agriculture shall deem
necessary, on blanks to be furnished by said Commis-
sioner; and thereupon the said Commissioner shall reg-
ister said vessel, and shall issue the necessary license on
payment of the cost thereof. All licenses shall be granted
to the vessel or boat according to the oyster or clam
carrying capacity of each boat or vessel, as shall be as.
certained under the rules and regulations to be pre-
scribed by the said Commissioner of. Agriculture on the
basis of twenty barrels to a ton, when oysters, and fif-
teen barrels to a ton when clams; and all vessels or boats
are required to submit to the necessary survey for their
license, and a police license tax of fifty cents per ton,
dr the fraction thereof, is hereby levied on each vessel
or boat engaged in the oyster or clam industry in this
State. Payment of this police license and the compliance
with the provisions of the regulations shall be required
of any and all vessels and boats determined by the Shell
Fish Commissioner to be engaged in the freighting of
raw oysters or clams. No boat or vessel engaged in the
oyster or clam industry shall change its name without
the consent of the Commissioner of Agriculture. These
licenses shall always be subject to inspection by the Shell
Fish Commissioner, his deputies or agents, and shall not
be good for any vessel or owner, other than for that for
which issued, without the consent of the Commissioner of
Agriculture, written across the face of the license. Li-
censes shall be issued by the Commissioner of Agricul-
ture on license blanks which he shall have prepared, at
the expense of the Shell Fish Industry. The license year
for all licenses shall begin July 1st of one year, and end
June 30th the succeeding year. All persons, firms, cor-
porations -or vessels commencing operations without pre-
viously securing the required license herein provided for
shall be deemed guilty of a violation of this Act. The
license provided by this Section being police licenses, ex-
acted by the State in the control of her own property and
in the protection of the oyster and clam property of oth-
ers, over which a police control is necessary, no county,
city, town or municipality shall impose any further tax
than herein provided for on the oyster or clam industry,
and any existing law providing for the payment of a
license tax to any County for the privilege of taking or
gathering oysters or clams from any public or natural
oyster or clam beds in the waters of such County, or from
any artificial or privately owned beds, is hereby repealed.
This provision does not, however, prevent State, County
and Municipal tax on personalty and realty as now pro-
vided by law.
Power of Commissioner of Agriculture to Lease Water
Sec. 11. That the Commissioner of Agriculture shall
have power to lease any water bottoms in the State of
Florida not claimed under some grant or alienation here-
tofore made, and any bottoms heretofore granted, if
cancelled or vacated, may be leased by the Commissioner
of Agriculture, for the purpose of giving the exclusive
rights to plant oysters or clams thereon. No natural
oyster or clam reefs, bars or beds shall be leased except
as provided for herein. These leases can only be made
to citizens of the State of Florida, and Florida firms
composed of citizens of the State of Florida, and Florida
corporations domiciled in this State, and foreign corpora-
tions which have received permits to do business in this
State. No one person or firm shall hold or own stock in
more than one oyster or clam corporation or firm leasing
oyster or clam bottoms in this State.
Petition to Lease.
Sec. 12. When any qualified person, firm or corpora-
tion, desiring to lease a part of the bottom or bed of any
of the water of this State, for the purpose of growing
oysters -or clams, as provided for herein, he shall pre-
sent to the said Commissioner of Agriculture a written
application setting forth the name and address of the
applicant; a reasonably definite description of the loca-
tion and amount of the land covered by water desired,
and shall pray that the application be filed; that the water
bottoms be surveyed and a plat or map of the survey
thereof be made if no plat or map of such bottoms
should in the opinion of the said Commissioner have
been so made, and that the water bottoms described be
leased to the applicant under the provisions of this Act,
which applicant shall accompany with his written appli-
cation a sufficient sum to defray the estimated expenses
of the survey; thereupon the Commissioner of Agricul-
ture shall file such application and shall direct the Shell
Fish Commissioner to have the same surveyed and platted
forthwith at the expense of the applicant. When appli-
cations are made by two or more persons for the same
lands, they shall be leased to the applicant who first filed
application for same; but to all applications for leases of
any of the bottoms of said water owned under the ripa-
rian Acts of the laws of Florida, heretofore enacted, no-
tice of such application shall be given the riparian owner,
when known, and when not known, notice of such appli-
cation shall be given by publication for four weeks in
some newspaper published in the County in which the
waters lie, and when there is no newspaper published in
such County, then by posting such notice for four weeks
at the Court House door of said County, and preference
shall be given to such riparian owners under the terms and
conditions herein created, when such riparian owner
makes application for such water bottoms for the pur-
pose of planting oysters or clams before the same are.
leased to another.
The said Commissioners shall require the bodies of'
lands leased to be as compact as possible, taking into
consideration the shape of the body of water and the
condition of the bottom as to hardness, or soft mud or
sand, or other conditions which would render the bottoms.
desirable or undesirable for the purpose of oyster or clam
Execution and Registration of Leases.
Location of Leased Water Bottoms.
Sec. 13. That as soon as the survey shall have been
made and the plat or map thereof shall have been filed
with the said Commissioner of Agriculture, and the cost
thereof paid by the applicant, the said Commissioner
of Agriculture shall execute in duplicate a lease of the
water bottoms to the applicant. One duplicate, with a
plat or map of the water bottoms so leased, to be deliv-
ered to the applicant and the other, with a plat or map
of the bottom so leased, to be retained by the said Com-
missioner of Agriculture, and registered in a lease book
which shall be kept exclusively for that purpose by the
said Commissioner of Agriculture, and thereafter such
lessees shall enjoy the exclusive use of said lands, and
all oysters and clams, shell and cultch grown or placed
thereon shall be the exclusive property of such lessee as
long as he shall comply with the provisions herein. The
Shell Fish Commissioner shall require the lessee to stake
off and mark the water bottoms leased, by such ranges,
monuments, stakes, buoys, etc., so placed and made as
not to interfere with the navigation, as he may deem
necessary to locate the same, to the end that the location
and limits of the lands embraced in such lease be easily
and accurately found and fixed, and such lessee shall keep
the same in good condition during the open oyster or
clam season. Failure on the part of the lessee to com-
ply with the orders of the Shell Fish Commissioner to this
effect within the time fixed by him, and to keep the same
in good condition during the open oyster or clam season,
shall subject such lessee to a fine not exceeding twenty-
five dollars for each and every such offense. All lessees
shall cause the area of the leased water bottoms and the
names of the lessees to be shown by signs as may be
determined by the Shell Fish Commissioner, if so re-
quired by him.
Provisions and Consideration of Lease.
Sec. 14. All leases shall be made under the provisions
of this Act and shall begin on the day that the lease is
signed, and shall continue in perpetuity under such re-
strictions as shall herein be stated. The rent shall be
fifty cents per acre or any fraction of an acre per year.
This rent shall be paid in advance at the time of signing
the lease up to the first day of January following, and
annually thereafter in advance on or before the first day
of January of each year, whether the lease be held
by the original lessee or by an heir, assignee or trans-
Maximum Acreage Allowed.
No person, firm or corporation shall lease, hold or con-
trol more than five hundred acres of such water bottoms,
and any person, firm or corporation which holds or con-
trols, or seeks or attempts to hold or control, by partner-
ship or otherwise, except under the conditions herein
named, more than this amount by any scheme, agree-
ment or understanding or combination whatsoever, or
by any right whatsoever, shall forfeit all leases held by
him or it.
The said Commissioner of Agriculture shall have the
power to make such stipulations in the leases as he shall
deem necessary or proper, not conflicting with the pro-
visions of this Act, for the purpose of carrying out the
provisions of this Act. No taxes, assessments or other
licenses than those imposed in this Act shall be levied or
imposed on said leases or said leased lands, but the an-
nual rental exacted and paid shall be held and consid-
ered all that can or shall be exacted by the State or Coun-
ty, subordinate political corporations or municipalities.
Cultivation of Leased Water Bottoms.
Each tenant leasing from the State water bottoms,
under the provisions of this Act, shall within one year
from the date of such lease begin bona fide the cultiva-
tion of the same, and shall by the end of the second year
from the commencement of his lease have placed under
cultivation at least one-tenth of the water bottom leased,
and shall each year thereafter place in cultivation at
least one-tenth of the water bottom leased, until the whole
suitable for bedding of oysters or clams shall have been
put in cultivation by the planting thereon not less than
two hundred barrels of oysters, shell or its equivalent in
cultch to the acre. Where leases are granted, or where
grants have heretofore been made under existing laws
for the planting of oysters or clams, such lessee or grantee
is authorized to plant the leased or granted bottoms both
in oysters and clams.
Conditions of Lease.
Sec. 15. Said leases shall be heritable and shall be
transferable, in whole or in part, (provided the heirs
or transferees be residents of this State, or firms com-
posed of residents of this State, or Florida corporations
operating in this State and foreign corporations which
have received permits to do business in this State. Non-
residents of this State acquiring, by inheritance or at
forced sale, or persons already holding five hundred acres.
shall be permitted to hold for two years, during which
time under penalty of forfeiture; non-residents shall sell
to some qualified person, firm or corpora tion of this State
such bedding or propagating grounds as may be acquired
by them.) And those holding more than five hundred
acres shall sell to some qualified person, firm or corpora-
tion of this State such bedding or propagating grounds
as he may have acquired in excess of 500 acres. These
leases shall also be subject to mortgage, pledge or hy-
pothecation, and shall be subject to seizure and sale
for debts as any other property, rights and credits in
this State, and this provision shall also apply to all build-
ings, betterments and improvements thereon. No such
inheritance or transfer shall be valid or of any force or
effect whatever unless evidenced by an authentic act,
judgment or proper judicial deed registered in the office
of the Commissioner of Agriculture in a book to be pro-
vided for said purpose. The Commissioner of Agriculture
shall keep proper indices, so that all original leases and
all subsequent changes and transfers can be easily and
Payment of Rent.
Sale of Forfeited Lease.
Sec. 16. All leases shall stipulate for the payment of
the annual rent in advance on or before the first day of
january of each year, and the further stipulation that
the failure of the tenant to pay the rent punctually on or
before said day, or within thirty days thereafter, shall
ipso facto, and upon demand, terminate and cancel said
lease and forfeit to the State all the works, improve-
ments, betterments, oysters and clams on the said leased
water bottoms, and authorize the said Commissioners to
at once enter on said water bottoms and take possession
thereof, and such water bottom shall then be open for
lease as herein provided; and the said Commissioner of
Agriculture shall within ten days thereafter enter such
termination, cancellation and forfeiture on his books and
shall give such public notice thereof, and of the fact that
the water bottoms are open to lease, as he shall deem
proper; Provided, that the said Commissioner of Agri-
culture iniy, in his discretion, waive such termination
cancellation and forfeiture when the rent due, with ten
per cent. additional, and all costs and expenses growing
out of such failure to pay, be tendered to him within
sixty days after the same became due; Provided, that in
all cases of cancellation of lease, the said Commissioner
of Agriculture shall after sixty days' notice by publica-
tion in some newspaper published in the State, having a
general State-wide circulation, which said notice shall
contain a full description of the leased waters and beds
and any parts thereof, sell such lease to the highest and
best bidder, and all moneys received over and above the
rents due to the State, under the terms of the lease and
provisions herein, and costs and expenses growing out of
such failure to pay, shall be paid to the lessee forfeiting
his rights therein. No leased water bottoms shall be for-
feited for non-payment of rent under the provisions of
this section, unless there shall previously have been mailed
by the said Commissioner of Agriculture to the last known
address of such tenant according to the books of the
said Commissioner of Agriculture, thirty days' notice of
the maturity of such lease. Whenever any leased water
bottom is forfeited for non-payment of rent, and there is
a plat of survey thereof in the archives of the said Com-
missioner of Agriculture, when such bedding grounds are
released, no new survey thereof shall be made, but the
original stakes, monuments and bounds shall be pre-
served, and the new lease shall be based upon the orig-
Sec. 17. After a period of ten years from date, the
lease is first signed, the rentals shall be increased to a
minimum of one dollar per acre per annum, the said Com-
missioner of Agriculture, by and with the assistance of
the Shell Fish Commissioner, shall assess rental value
on the leased water bottoms, taking into consideration
their value as oyster or clam growing water bottoms, their
nearness, to..factories, transportation and other condi-
tions adding value thereto, and placing such valuation
upon them in shape of annual rental to be paid thereunder
as said condition shall warrant. Should the tenant or
lessee.be dissatisfied with the rental so fixed by the said
Commissioners, he shall have the right to bring an action
by bill in chancery in the Circuit Court of the County in
which the leased lands or any portions thereof, is sit-
uated, against the said Commissioners, to have said val-
uation passed upon by said court, and made to conform
to justice and equity. Both parties shall have the right
of appeal from the judgment of the Circuit Court to the
Sec. 18. A natural oyster or clam reef, or bed, or bar,
shall be considered and defined as an area containing not
less than one hundred square yards of the bottom where
oysters or clams are found in a stratum.
Investigation Upon Petition as to Natural Oyster Reefs.
Findings Reviewable by Courts.
Should anyone, within six months after the passage
of this Act, claim that a natural oyster or clam reef or
bed exists within territory heretofore granted under ex-
isting laws, having an area of one hundred square yards,
upon which there were natural or maternal oysters or
clams (not including coon oysters) in sufficient quanti-
ties to constitute a stratum, and had oysters in suffi-
cient quantities to have at the time of issuing the grant,
and at the time the particular bed was planted, to have
been resorted to by the public generally for the purpose
of gathering oysters to sell for a livelihood, and has oys-
ters in sufficient quantities to form a stratum, or on such
granted bottoms not claimed to have been planted by
such person, firm or corporation, or on bottoms of riparian
owners, he shall address a written application to the said
Commissioner of Agriculture, verified under oath, in
which he shall concisely set forth his claim and state the
location and approximate areas of the natural reef, and
shall request the Commissioner of Agriculture to cancel
the lease as to said reef or bed. Each such petition shall
be accompanied by a deposit of ten dollars to defray the
cost of examining into the matter, and no petition shall
be considered unless accompanied by this deposit. The
petition may include the protest several contempora-
neous beds or bars at the same time, and one deposit
shall suffice. Upon receipt of such claim, the Commis-
sioner of Agriculture shall require the Shell Fish Commis-
sioner to go in person and investigate the same, and the
Shell Fish Commissioner shall thoroughly investigate the
charge and make a written report of his doings and find-
ings to the Commissioner of Agriculture, and should the
Commissioner of Agriculture determine that the charge
is untrue, the ten dollars deposited by the petitioner shall
go to defray the expenses, otherwise the same shall be re-
turned to the petitioner. Should the said Commissioner
of Agriculture determine that the said leased area con-
tains a natural reef of the above description, the lessee,
grantee or riparian owner shall pay all costs and expenses
of the investigation, and the said natural reef shall be
marked with buoys and stakes and notices placed thereon,
showing that it is a public reef, at the expense of the les-
see, grantee or riparian owner. In all cases, said lessee,
grantee or riparian owner, must.be notified of the charge
and of the time and place of the investigation and be
given full and reasonable opportunity to be heard. No
such petition shall be received and acted upon unless pre-
sented within six months after the date of the lease as
to all leases that may be made under the provisions of
this Act, or within six months from the passage of this
Act, and its approval by the Governor, as to all grants
heretofore made under heretofore existing laws, or to any
oyster reef claimed to have been made heretofore by any
riparian owner or his grantor on his riparian bottoms,
and after such time shall elapsed the lessee, grantee
or riparian owners shall be secure against attacks on such
account. In every case the decision of the said Commis-
sioner of Agriculture shall be subject to appeal or review
by the Chancery Courts of the County within which the
alleged natural reef is situated, who shall dispose of
the matter as rapidly as possible. The decision of the
Circuit Court shall be subject to appeal to the Supreme
Court, as now provided by law. In the event that an
application for oyster or clam bedding grounds is filed
and upon survey of such bedding ground, it should de-
velop that the area applied for, contains natural oyster
or clam reefs or beds less in size than one hundred square
yards, or oyster or clam reefs or bars of greater size, but
not of sufficient quantity to constitute a stratum, and it
should further be made to appear by the affidavit of the
applicant, and such other proof as the Commissioner of
Agriculture may require, and the Shell Fish Commissioner
should be of the opinion, after a personal investigation,
that the natural reef, bed or bar could not be excluded,
and the territory applied for properly protected or policed.
The Commissioner of Agriculture may, if he deems it best
for the interest of the State and the oyster industry, so to
do, permit the including of such natural reefs, beds or
bars, and he shall fix a reasonable value on the same, to
be paid by the applicant for such bedding ground.
License Number on Boats.
Sec. 19. The said Commissioner of Agriculture shall
give to each licensed vessel or boat a license number,
and the captain of each vessel shall at once cause to
be painted on each' side of the bow of such vessel or
boat, in figures at least six inches long and of propor-
tional width, in a color distinct and different from the
body color of the hull, and shall also display said num-
ber on the peak of the mainsail of such vessel, if the same
be a sailing craft, and each figure on said sail shall be
at least twelve inches long, of proportionate width, and
four inches apart.
Staking Off Before Leasing.
Any person, firm or corporation staking off the water
bottoms of this State, or bedding oysters on the bottoms
of the waters of this State, without previously leasing
same as herein provided, shall be guilty of a misde-
meanor and shall, upon conviction, pay a fine not ex-
ceeding one hundred dollars, or shall suffer punishment
not exceeding six months, or both such fine and imprison-
ment, in the discretion of the court, and shall acquire
no rights by reason of such staking off. This provision
does not apply to grants heretofore made under the pro-
Visions'of any heretofore existing laws, or to artificial
beds made heretofore by riparian owners or his grantees
on his riparian bottoms.
Sec. 20. That hereafter it shall not be lawful for any
person, firm or corporation to take, gather or catch oys-
ters on the natural reefs of this State, or to have such
oysters in their possession for sale between the fifteenth
day of April and the first day of October of each year,
except from private leased or granted grounds, or arti-
ficial beds of riparian owners, as herein described, and
except as herein further provided; and the possession of
oysters during said closed season shall be prima facie
a violation of this Act, and the burden shall be on the
possessor of such oysters to prove that they were fished
,or gathered beyond the jurisdiction of the State of Flor,
,ida, or from private oyster beds. The Commissioner of
Agriculture shall, however, have authority to permit the
,fishing of unculled oysters from the natural oyster reefs
as herein provided, from the first day of April until
the first day of October, but only for bedding purposes,
and then only under such rules and regulations as said
Commissioner may adopt to carry out the provisions of
Culled and Removed from Bed.
Sec. 21. All oysters and clams taken from the natural
,reefs of this State shall be culled, unless otherwise herein
provided for, upon their natural reefs as taken. All
oysters which measure less than three inches from hinge
to mouth, and all bedding shells, shall be immediately
replaced and scattered broadcast upon the natural reefs
from which they are taken. All clams under two inches
measured from hinge across at widest point shall be re-
turned to the bottom of the bed from where taken. In
the determining what oysters shall be removed from mar-
ketable oysters, no oysters under three inches from hinge
to mouth shall be included in the percentage of oysters
under size, provided they adhere to the marketable oys-
ters so closely that to remove the same would destroy
either the oyster under size or the marketable oyster. No
captain or person in charge of any vessel, and no canner,
packer, commission man, dealer, or other person shall
have in his possession off the natural reefs any natural
reef oysters not culled according to law, unless permitted
by the said Commissioner of Agriculture for the pur-
pose of planting as herein provided for, nor shall he
have any clams less than two (2) inches as herein de-
scribed, in his possession off of any clam bed. An excess
of over five per centum of bed shells and small oysters
and clams estimated as above provided for in any cargo
or lot of oysters or clams shall be considered a violation
of this Act, and the Shell Fish Commissioner, or any of
his deputies or any police officer of the State of Florida,
are hereby authorized to cause to be measured up the
whole or a part of said cargo or lot of oysters or clams at
the expense of such person or vessel, to determine said
percentage when found necessary.
"Coon" and "Reef Bunch."
A "coon" oyster is defined to be such oysters that may
be found growing in bunches along the shore between
high and low water mark. A "reef bunch" oyster is
defined to be such oysters as are found growing on the
bars or reefs in the open bay and exposed to the air
between high and low tides.
Fish for Seed Oysters.
The Shell Fish Commissioner may permit lessees of
oysters or clam bedding grounds located more than two
miles from a known natural oyster or clam reef or bed,
to fish for bedding purposes from the natural reefs, un-
culled oysters and clams as seed, without tax or charge,
provided, this shall only be done when oysters or clams
are not in full milk or spawn, to-wit: between February
1st and April 1st of each year for oysters, and from May
1st to July 1st of each year for clams, after obtaining
from the said Shell Fish Commissioner a written permit
so to do; and provided no lessee shall fish more than
two hundred (200) barrels of seed oysters per acre of
his lease; and the gathering of more than two hundred
(200) barrels per acre will be a violation of this Act,
Provided, further, that in the event of the destruction of
the oysters or clams on said leased bearing grounds by
an unavoidable accident or natural calamity, upon satis-
factory proof of the same, made to the Shell Fish Com-
missioner, said lessee may obtain a similar second supply
of seed oysters or clams without tax or charge.
Lawful Use of Tongs and Scrapers, or Dredges.
Sec. 22. That it shall be unlawful to use a dredge or
any means of implements other than hand tongsin re-
moving oysters from the natural or artificial state reefs,
except in bodies of water over a general depth of twelve
feet, or where, in the opinion of the Shell Fish Commis-
sioner, the body of water, regardless of its depth, is too
open and exposed to be ordinarily fished with hand tongs,
in which event the said Commissioner of Agriculture shall
be authorized to issue a license for the use of scrapers
or dredges; Provided, the applicant shall pay an annual
police license fee of twenty-five dollars for each sailing
or power vessel using scrapers or dredges, in addition to
its other license, and shall give bond in favor of the Gov-
ernor of the State of Florida, with good security, to be
approved by the Commissioner of Agriculture, in the sum
of three thousand dollars, conditioned that said imple-
ments shall not be used on the State reefs contrary to
law. Upon the payment of twenty-five dollars annually,
for each vessel or boat using a dredge or machinery in
the gathering of clams, a license may be issued for such
use to such person.
Unlawful to Dredge.
Anyone operating on the natural reefs a dredge, scraper
or similar instruments in gathering oysters or clams con-
trary to the provisions of this Act, shall, upon conviction,
be fined in a sum not exceeding one thousand dollars, or
imprisonment not exceeding two years, or both, in the
discretion of the Court.
S..;: .. Rights of Licensees to Use Appliances.
SLessees of bedding grounds shall have the right, to use
in such bedding grounds any implements or appliances
that they may desire. The Commissioner of Agriculture
shall require that such lessees procure a permit from him
to use such implements, and shall require of such lessees
that they shall furnish a bond payable to the Governor
of the State of Florida, to be approved by the Commis-
sioner of Agriculture, in the sum of three thousand dol-
lars, that such implements or appliances shall not be used
on the natural oyster reefs contrary to law. When such
implements or appliances are used exclusively on private
propagating or bedding grounds, no charge shall be made
for said permit.
Wilfully Injure or Gather Unlawfully.
Sec. 23. Any person, firm or corporation who shall
wilfully take oysters, shells, cultch or clams bedded or
planted by a licensee under this Act, or grantee under
the provisions of heretofore existing laws, or riparian
owner who may have heretofore planted the same on his
riparian bottoms, or any oysters or clams deposited by
any one making up a cargo for market, or who shall wil-
fully carry or attempt to carry away the same without
permission of the owner thereof, or who shall wilfully or
knowingly remove, break off, destroy, or otherwise injure
or alter any stakes, bounds, monuments, buoys, notices
or other designations of any natural oyster or clam reefs
or beds or private bedding or propagating grounds, or who
shall wilfully injure, destroy or remove any other protec-
tion around any oyster or clam beds, or who shall wilfully
.move any bedding ground, stakes, buoys, marks or desig-
nations placed by the Shell Fish Commissioner, or who
shall gather oysters between sunset or sunrise from the
natural reefs or from private bedding grounds, unless he
shall have lights attached to the rigging of said boat or
vessel, if the same be a sailing vessel, or placed in some
conspicuous place on said boat or vessel, if the same be a
power boat or vessel, in such a manner that it may be seen
from every direction, shall be guilty of a violation of the
provisions of this Act.
Arrest Without Warrant.
Sec. 24. That for the purpose of carrying into effect
the provisions of this Act, the said Shell Fish Commis-
sioner and his deputies are hereby constituted police offi-
cers, with power to arrest on view, without warrant, any-
one violating the provisions of this Act, and it shall be
the duty of such Shell Fish Commissioner and his depu-
ties to lend their assistance in making arrests to any other
police officer of this State.
Publish Law and Regulations.
The Commissioner of Agriculture shall, as soon as pos-
sible, and sufficient funds are to the credit of the Shell
Fish Industry, have copies of this Act printed for free dis-
tribution, and he shall publish his rules and regulations
from time to time as promulgated, and shall publish his
rules and regulations in pamphlet form for free distri-
bution, and shall make an annual report to the Governor
of his operations and doings hereunder.
Sec. 25. The Commissioner of Agriculture, with the
assistance of the Shell Fish Commissioner, shall be author-
ized to determine and settle all disputes as to boundaries
between lessees of bedding grounds heretofore granted,
or to be henceforth granted, the proceedings to be con-
ducted under such rules and regulations as the Com-
missioner of Agriculture may prescribe, reserving to each
party the right to appeal to the courts. The Shell Fish
Commissioner shall in all cases be the judge of whether
any particular bottom is or is not a natural reef or bed,
or when it is a suitable bottom for bedding oysters or
Improve Shell Fish Industry.
The Shell Fish Commissioner shall, under the super-
vision of the Commissioner of Agriculture, for the best
interest of the Shell Fish Industry of this State, spend
not exceeding ten thousand dollars per annum in creating,
improving, enlarging and protecting natural oyster reefs
or beds in this State, and in carrying on experiments for
the enlargement and betterment of the Shell Fish In-
dustry, as said Commissioners may determine; Provided,
There is at such time remaining to the credit of the Shell
Fish Industry with the State Treasurer above current
expenses, such sum of money as is proposed to be used
for that purpose. The Board of County Commissioners
of the several Counties of this State, in order to ac-
complish the purposes of this Act, are hereby authorized
and permitted to appropriate and expend such sum or
sums as they may deem proper for the purpose of plant-
ing or transplanting oyster shell or cultch, out of any sum
in the County Treasury not otherwise appropriated.
Records of Measures.
Sec. 26. As a standard measure, a half barrel of oys-
ters shall consist of a tub or other round vessel of the
following dimensions, or the cubical equivalent thereof,
to-wit: It shall measure 181/ inches in diameter inside
the bottom, and 19/ inches inside at the top, and 17
inches inside from bottom to top, and 251/ inches diag-
onal, the unit of such tub or measure may be in the shape
of an inverted frustrum of a cone. Two of these meas-
ures filled, rounded or banked shall make one barrel, and
all oysters or clams bought and sold in this State in the
shell shall be measured in a measure of this equivalent,
or measure holding a fraction or multiple thereof; and
it shall be unlawful for any person to have in his posses-
sion any measure for oysters or clams in the shell which
shall differ in equivalent size from the measure herein
provided for; or demand or require a cargo of less or
greater measure in buying or selling; and no vessel or
measure shall be used in buying or selling oysters or clams
until it has been measured and stamped by the Shell
Fish Commissioner, his agents or deputies, with a metal
tag or stamp, showing the quantity of oysters or clams
such measure will hold. It shall be the duty of the Com-
missioner of Agriculture to make, or have mace, to be
paid for out of any funds to the credit of the Shell Fish
Industry, such measures and to.have the Shell Fish Com-
missioner visit, or have his agents or deputies visit, for
the purpose of measuring all vessels used in the buying
or selling of oysters or clams, each place where oysters
or clams are bought or sold, and the Shell Fish Commis-
sioner shall keep a book in which shall be recorded the
dimensions of all measures so measured. For each stamp
or tag the Commissioner of Agriculture shall charge the
sum of twenty-five cents from the person, firm or corpora-
tion to whom it is issued, fifteen cents of which is to be
placed to the credit of the Shell Fish Industry, and ten
cents is to be retained by the Commissioner of Agricul-
ture as his fee.
The Commissioner of Agriculture shall keep a book,
to be known as the Oyster and Clam Measure Record, in
which he shall register the name of each person, firm or
corporation to whom was issued such stamp or tag, and
the date of issuance and its number, and said record
shall be open for the inspection of the public.
Seizure of Vessels.
Sec. 27. Vessels with their cargoes violating the pro-
visions of this law shall be seized by anyone duly and
lawfully authorized to make arrests under this Act, or
by any Sheriff or his deputies, or any constable, and taken
into custody, and when not arrested by the Sheriff or his
deputies, or a constable, delivered to the Sheriff of the
County in which the seizure is made, and shall be liable
to forfeiture, on appropriate proceedings being instituted
by the Shell Fish Commissioner, when authorized so to
do by the Commissioner of Agriculture, before the courts
of that County. In such case the cargo shall at once be
disposed of by the Sheriff or Constable, for account of
whom it may concern. Should the master or any of the
crew of said vessel be found guilty of using dredges or
other instruments in fishing oysters or natural reefs con-
trary to law, or fishing on the natural oyster or clam
reefs out of season, or unlawfully taking oysters or clams
belonging to a lessee, such vessel shall be declared for-
feited by the court, and ordered sold and the proceeds of
the sale shall be deposited with the State Treasurer to the
credit of the Shell Fish Industry, and such person, firm or
corporation as are guilty of such violations of this law
shall not be permitted to have other privileged tax herein
provided for within a period of one year from the date of
conviction. Pending proceedings such vessel may be re-
leased upon the owner furnishing bond, with good and
solvent security in double the value of the vessel, condi-
tional upon its being returned in good condition to the
Sheriff or constable to abide the judgment of the Court.
Any person to whom any license under this Act may
have been given, found guilty of violating the provisions
of 1his Act shall at once forfeit all license that he may
have; and no more shall be issued to him for a period of
one year from such conviction; any person found guilty
of wilfully violating the provisions of this law shall, upon
conviction, unless otherwise provided herein, be fined in
a sum not more than one hundred dollars or imprisonment
not more than six months, or both, in the discretion of
Sec. 28. The Commissioner of Agriculture shall charge
and receive a fee of twenty-five cents for every license or
permit issued, and for the placing of his seal on any paper
requiring the same, and two dollars for each lease granted,
and in all other cases not herein specifically provided for,
the same fees as are allowed the clerks of the Court for
like services. All fees shall be paid by the party served.
The Commissioner of Agriculture shall receive no com-
pensation for his services from the Shell Fish Industry
Fund, and all fees paid to the Commissioner of Agricul-
ture shall be covered into the general revenue fund of
Sec. 2). Riparian owners shall not, under the pro-
visions of this Act, be disturbed in the use of the land
a reasonable distance out from medium tide for the pur-
pose of erecting wharves, docks, piers, warehouses or
other permanent improvements; and such riparian own-
ers shall have the right to fill up from the shore, bank
or beach as far as may be desired, not obstructing the
channel, but leaving full space for the requirements of
commerce, and shall have all the rights given them by
Section 643 of the General Statutes of this State, any-
thing in this Act to the contrary notwithstanding.
Sec. 30. All laws arid parts of laws, whether general
or local in their nature, in conflict with this Act, be and
the same are hereby repealed.
Sec. 31. There is hereby appropriated of any money
in the State Treasury not otherwise appropriated, the
sum of one thousand dollars, to be placed to the credit
of the Shell Fish Industry, for the purpose of carrying out
the provisions of this Act.
Sec. 32. This Act shall go into effect upon its becom-
ing a law.
Approved June 4, 1913.
OYSTER TUNGING AND CULLING.
OYSTERI FLEET AT APA',\LA(HIC(LA ON "OYSTER OPENING DAY."
FLORIDA SALT WATER FISH LAWS.
AN ACT to Protect and Regulate the Salt Water Fishing
Industry of the State of Florida, and to Provide Pen-
alties for the Violation of This Act.
Be It Enacted by the Legislature of the State of Florida.
Ownership by State.
Section 1. That all fish in the rivers, bayous, lagoons,
lakes, bays, sounds and inlets, bordering on or connected
with the Gulf of Mexico and the Atlantic Ocean, or in the
Gulf of Mexico or Atlantic Ocean, within the jurisdiction
of the State of Florida, are hereby declared and shall
continue and remain the property of the State of Florida,
and may be taken and used by citizens of this State and
persons not citizens of this State, subject to the restric-
tions and reservations hereinafter imposed by this Act.
Size of Bar and Mesh.
Sec. 2. It shall be, from and after September 30th,
1915, unlawful for any person, persons, firm or corpora-
tion to catch any fish in any of the salt waters of the
State of Florida with any seine, gill-net, pocket-net or
any other kind of net of less size than one and one-half
inch bar, measured from knot to knot, or a stretched mesh
of three inches from knot to knot after being tarred or
Length of Nets.
Sec. 3. It shall be unlawful for any seine, gill-net, stop-
net, haul-nets or any other kind of nets of a greater length
than three hundred and fifty yards, to be set, fished or
used in the salt waters of this State, or for any seine, gill-
net, stop-net, haul-net or any other kind of net to be at-
tached together in any manner, making a length of more
than three hundred and fifty yards, or for any seine,
gill-net, stop-net, haul-net or any other kind of net to be
fastened by stakes or otherwise with ends nearer each
other than one hundred yards for the purpose of making a
stretch or length of more than three hundred and fifty
yards, to be used for the purpose of catching or taking
fish from the rivers, creeks, bays, hayous, lagoons, sounds,
inlets or other salt waters on the coast of the State of
Florida; Provided, however, that a net or nets of a length
of more than three hundred and fifty yards may be used
in regular mullet or mackerel fishing.
Bar and Mlesh Shad Nets.
Sec. 4. No person shall place out in the rivers of the
State of Florida any gill-net for the capture of shad of
a less size than two and one-half inch bar from knot to
knot, or five-inch stretched mesh from knot to knot.
Sec. 5. It shall be unlawful for any person, persons,
firm or corporation to place or set any seine, net or other
set device across or in any of the rivers, creeks, bayous or
passes in the State of Florida for the purpose of stop-
netting such rivers, creeks, bayous or passes for the pur-
pose of catching fish.
Closed Reason for Shad.
Sec. 6. It shall be unlawful for any person. persons.
firm or corporation to catch or capture any shad or to
use any gill-net or seine for the capture of shad between
April 1st and December 1st of every year.
Confiscation of Illegal Nets.
Sec. 7. In all cases of arrest and conviction for the
use of illegal nets, as provided in this Act, such illegal
nets shall be considered a nuisance and the court shall
order the bunts of such illegal nets to be destroyed im-
mediately after such trial and conviction, and the leads,
corks and lines belonging to such nets shall he returned
to the owner.
Closed Season for Mullet.
Sec. 8. That from and after the passage of this Act
it shall be unlawful for any person, persons, firm or cor-
poration to catch or to capture, or have in their posses-
sion, or ship, any of the fish known as mulllet, or any
fresh or freshly-salted mullet roe, in this State, between
the 20th day of November of any year and the 20th day of
January of the next succeeding year; Provided, ihat in the
waters west of Suwannee Iiver the closed season in mullet
shall be from November 30th to January 20th following.
The possession of any fresh or freshly-salted mullet, or
any fresh or freshly-salted mullet roe, by any person, per-
sons, firm or corporation, during the closed season, shall
be prima facie evidence of the violation of this law.
Unlawful for Common Carrier to Transport.
Sec. 9. It shall be unlawful for any common carrier,
agent or employee of such common carrier, to receive for
carriage, or permit the carriage, of any fresh or unsalted,
or freshly-salted, mullet caught during the closed season
mentioned in the foregoing section; Provided, however,
that any person having any mullet on hand at the begin-
ning of the closed season shall have the right to ship or
dispose of same; provided, however, that the time of such
disposal and shipment shall not extend beyond ten days
after the beginning of such closed season.
Confiscation of Boats.
Sec. 10. That any owner, captain, person, agent, offi-
cer, crew or member thereof, of any vessel or boat, violat-
ing the provisions of Section 9 of this Act, shall subject
the vessel and cargo thereof to seizure by the Shell Fish
Commissioner, or any of his authorized deputies, and
taken into custody and delivered to the Sheriff of the
County in which the seizure is made, and shall be liable
to forfeiture on appropriate proceedings being instituted
by the Shell Fish Commissioner before the courts. The
following rules to cover the proceedings in each such case:
Proceedings for Confiscation.
The proceedings shall be by ordinary suit instituted in
the name of the State of Florida, setting forth the cause
of action and praying for the forfeiture of said vessel,
and, after due trial and judgment obtained, said vessel
shall be sold at public auction by the Sheriff at the dock
nearest to or on deck of said vessel, after such sale shall
have been advertised for thirty days in some newspaper
published in the County, as provided by law, and the pro-
ceeds of such sale shall be paid to the Shell Fish Com-
missioner, to be deposited in the State Treasury, to the
credit of the Shell Fish Fund, after deducting costs and
fees prescribed by law in judicial sales. The cargo of the
seized vessel, if perishable, shall at once be sold to the
best advantage by the Sheriff, and the proceeds disposed
of in the same manner as the proceeds from the sale ,f
the vessel. Pending this proceedings, such vessel may be
released upon the owner furnishing bond, with good and
solvent security, in double the value of the vessel, which
bond shall remain in lieu of said vessel and cargo in the
hands of the Sheriff, to insure its being returned in good
condition to the Sheriff, and have same subjected to the
judgment of the court, or to pay the amount of judgment
and costs rendered in the suit.
Unlawful to Capture Food Fish for Oil or Compost.
Sec. 11. No person, persons, firm or corporation shall
catch or capture any of the following fish: Mullet, trout,
redfish, sheephead, pompano, mackerel, bluefish, red
snapper, grouper or any other food fish when in the
waters under the jurisdiction of the State of Florida,
for the purpose of making oil, fertilizer or compost
Unlawful to Throw Dynamite or Other Explosives in
Sec. 12. No person, persons, firm or corporation shall
throw or cause to be thrown into any of the waters of
this State any dynamite, lime or other explosive whatever
for the purpose of killing the fish therein.
Unlawful to Fish With Seines in Certain Counties.
Sec. 13. It shall be unlawful for any person, persons,
firm or corporation to take or catch any fish with haul
seines or dragnets in any or all of the salt waters of the
counties of Volusia, Brevard, St. Lucie, Palm Beach,
Broward, and all salt waters in Dade County north of
License Tax on Dealers.
Sec. 14. No person, persons, firm or corporation shall
engage in the business of wholesale fish dealer until such
person, persons, firm or corporation shall have first pro-
cured from the Commissioner of Agriculture of the State
of Florida, an annual fish dealer's license, for which a
charge of ten dollars shall be made. All retail fish deal-
ers shall pay a license tax of five dollars per annum. A
wholesale fish dealer shall be considered any one who
sells fish to a retail dealer other than the person who
catches the fish, and a retail dealer shall be considered
any one who sells fish direct to the consumer; provided,
however, that any one holding a merchandise license may
sell salt-cured fish without payment of such retail deal-
License Tax on Boats.
Any and all boats or vessels engaged in the fishing
industry in the salt waters of the State, before beginning
operations, must first procure a police license from the
Commissioner of Agriculture, and for this purpose the
owner, captain or agent of such vessel must present in
writing to the said Commissioner of Agriculture an appli-
cation setting forth the name and description of such
vessel, name and postoflice of the owner, the number of
nets carried by such boat, and any further data as said
Commissioner of Agriculture shall deem necessary, on
blanks to be furnished by the Commissioner of Agricul-
ture, and thereupon the Commissioner of Agriculture
shall register such boat or vessel and shall issue neces-
sary license onpayment of cost thereof. All licenses
shall be granted to the boat or vessel according to the
Boats under 16 feet long and under 4 feet beam, $1.00
Boats over 16 feet long and over 4 feet beam, 20 cents
for each additional foot or fraction thereof of length or
Provided, that any person paying the above license
shall not be required to pay an additional license for
fishing in any fresh water.
-lien or Yonresident Bott Ta.r.
An additional license tax of ten dollars shall be re-
quired of all aliens or non-residents of the State of
Florida on each boat or vessel engaged in the fishing in-
dustry in this State, operated in whole or in part by
such alien or non-resident, in addition to the boat license
tax required in this section. The failure of any alien or
non-resident to secure such additional license for such
boats before engaging in the fishing industry in this
State will be considered a violation of this Act.
Aliea or Nonuresident Fishilg Tax.
Whoever being an alien or non-resident of this Slate,
and who shall engage in taking fish or oysters from the
salt waters of this State for any purpose other than his
own individual use, shall be required to pay a license tax
of ten dollars per annum. Such alien or non-resident
shall make application to the Commissioner of Agricul-
ture over his own signature for such license on blanks
furnished by the Commissioner of Agriculture, which
shall set forth the nationality of such alien or non-resi-
dent, local address and such other information as maiy
be required by the Commissioner of Agriculture.
Boat Liceiixc X~aiimbcr.
The said Commissioner of Agriculture shall give to
each licensed vessel or boat a license number, and the
owner of such boat or vessel shall at once cause to be
painted on each side of the bow of such boat or vessel, in
figures at least six inches long and proportionate width,
in a color distinct and different from tie body color of
the hull, and shall also display said number on the peak
of the main sail of such vessel, if the same be a sailing
craft, and each figure on said sail shall be at least twelve
inches long, of proportionate width, and four inches
License Year Tag.
The Commissioner of Agriculture shall give to each
licensed vessel or boat, at actual cost, a metal tag, on
which shall be printed the license year for which the same
is issued. Such metal tag to be prominently displayed
on such boat or vessel.
All Boats to Pay License Tax.
Payment of this police license and the compliance with
the provisions and regulations shall be required of any
and all vessels and boats engaged in fishing or freighting
fish or otherwise engaged in the fish industry, and all
such license tax shall be collected by the Shell Fish Com-
missioner or his duly authorized deputies.
Every boat or vessel shall be entitled to carry and fish
one net, and every additional net carried by any boat or
vessel in excess of one net the owner of such boat or vessel
shall be required to pay a license tax on such excess net of
$1.00 per annum, and such excess net shall have attached
to the cork line a metal license tag provided for that pur-
pose, bearing the number of such excess license. The use
of pound nets shall be unlawful in the salt waters of the
State of Florida.
License Taxes to be Collected by the Shell Fish Com-
All license taxes shall be collected by the Shell Fish
Commissioner or a duly authorized deputy and deposited
in some bank designated by the Commissioner of Agricul-
ture until the end of each month, at which time a check
shall be drawn against such deposit by the Commissioner
of Agriculture in favor of the State Treasurer, who will
place same to the credit of the Shell Fish fund. A
monthly report shall be made to the Governor of such
report and deposit, setting forth the various sources from
which 'such revenues are derived, and a copy of such re-
port shall be delivered to the State Treasurer with such
Money to be Transferred to General Fund.
At the end of each calendar month all moneys in the
Shell Fish Fund in excess of $10,000 shall be transferred
by the State Treasurer from the Shell Fish Fund to the
General Fund in the State Treasury, and the State Treas-
urer shall notify the Commissioner of Agriculture of the
transfer of such excess funds.
No City to Collect Additional Tax.
The licenses provided by this section being police li-
censes exacted by the State in the control of her own
property, over which a police control is necessary, no
county, city, town or municipality shall impose any fur-
ther license tax than herein provided. This provision
does not, however, prevent State, county and municipal
tax on personalty and realty as now provided by law.
The payment of a license tax, or the procuring of any
license, shall not be required of persons fishing only with
hook and line or with rod and reel or similar device.
Sec. 13. All licenses shall date from October 1st of
each year and shall expire on September 30th of the next
succeeding year, and shall be issued on blanks or metal
tags provided by the Commissioner of Agriculture aind
issued from his office.
License Subject to Inspection.
Sec. 16. These licenses shall always be subject to in-
spection by the Shell Fish Commissioner, his deputies or
agents, and shall not be good for any vessel or owner
other than that for which issued.
Sec. 17. No person shall be deemed a resident of this
State, in the meaning of this Act, who has not maintained
a continuous residence therein for one year, and actually
resided therein for six months next preceding the time
when he makes application for a fishing license.
By tlhomi Enforced.
Sec. 18. The Shell Fish Commissioner, or his duly
authorized deputies, shall enforce the provisions of this
law, and for this purpose they are constituted State Po-
lice Officers, with full police powers to arrest without
warrant, anyone violating any of the provisions of this
Act. The said Shell Fish Commissioner, or his deputies,
shall have authority, without warrant, to board and
search any vessel or boat, or enter any fish house, ware-
house or other building in which fish or nets are kept,
which they may have cause to believe that fish taken out of
season are stored, or that contains illegal nets.
Boats mand Property to be Acquired.
Sec. 19. That the Shell Fish Commissioner shall ac-
quire, subject to the approval of the Commissioner of Ag-
riculture, in the name of the State of Florida, such boats.
vessels and other property as may be necessary to regu-
late and supervise the enforcement of this law and the
law relating to the oysters and clams.
Unlawful to Resist.
Sec. 20. It shall be unlawful for any person or persons
to resist or in any manner interfere with the Shell Fish
Commissioner, or any of his duly authorized deputies,
while engaged in the performance of the duties imposed
upon such Shell Fish Commissioner or his duly author-
ized deputies by the provisions of this law or Chapter
5i32, Laws of Florida, relating to oysters and clams.
Sec. 21. The sum of $10,000 is hereby appropriated to
be used in carrying out the provisions of this law, in ad-
dition to monies collected by the Shell Fish Commissioner
or his duly authorized deputies. The Shell Fish Commis-
sioner shall receive a salary of $3,500 per annum, payable
monthly out of any funds in the State Treasury not other-
wise appropriated, and shall be in full for all services ren-
dered under the provisions of this Act, or as Shell Fish
Commissioner under any other law; provided, however,
that the Shell Fish Commissioner, before being allowed
the use of the appropriation as mentioned in this section,
shall give a good and sufficient bond in the sum of $10,000,
said bond to be approved by the Attorney General of the
A udifting Aceounimts.
Sec. 22. All accounts, claims and bills of any nature
against the fishing industry shall be examined by the
Shell Fish Commissioner, and if found correct, same shall
be approved and delivered to the Comptroller, who, upon
receipt of any account, claim or bill against the fish in-
dustry, approved by the Shell Fish Commissioner, shall
issue a warrant drawn on the State Treasury against the
Shell Fish Fund, to pay such account, claim or bill. All
warrants drawn on said Shell Fish Fund by the Comp-