FISH AND FISHERIES. 177 



Disposal of Cultch. 



26. All dead shells and cultch, whether with or without young oysters 

 attached thereto, dredged up by any person dredging for oysters or 

 natural oyster-beds, shall be thrown back by such person in such place 

 as the Inspector shall appoint ; and all oysters below marketable size 

 so dredged up shall be returned to the beds by the person who dredged 

 them up, at such places and at such times as the Inspector shall direct. 



Marketable oysters. 



27. No oysters which can be passed through a metal ring having a 

 clear inside diameter of one inch and three-quarters shall be deemed to 

 be marketable oysters ; and it shall be unlawful to dredge for, take, 

 consign, or expose for sale any such under-sized oysters, but they may be 

 taken for the purpose of being laid dovrn on another bed or in ditierent 

 water. This regulation shall apply to all lessees of Crown Lands for 

 oyster culture, and to all grantees of private fisheries. 



If any person exposes for sale in any shop, boat, vehicle, stand, or 

 place, any oysters not marketable withing the meaning of this regula- 

 tion, he shall be liable to a penalty not exceeding £10 ; but this 

 regulation shall not apply to persons selling oyster-spat or brood to 

 lessees and owners of private fisheries, otherwise than for consumption 

 as food, or to oysters imported into this Colony from another Colony. 



Permit to Lessees and others to procure Spat from Crown Lands. 



28. A lessee or an owner of a private fishery desirous of obtaining a 

 supply of spat or young oysters for the purpose of stocking his leased 

 land or private fisheries, must apply to the Commissioners for a permit, 

 which will be granted on the terms and conditions therein specified, if 

 the Commissioners are of opinion, after receiving the report of the In- 

 spector, that there is sufficient young oyster stock on the foreshores of 

 the tidal waters, on or near to which is situated the lease or pi-ivate 

 fishery for which the supply is required, to allow of its distribution 

 among lessees and owners of private fisheries. Such permit shall de- 

 scribe the area within which, and the time during which the permission 

 may be exercised. The fee payable for such permit shall be £\, and 

 shall be paid to the Colonial Treasurer or officer authorized by him to 

 receive fees under the Act. 



Disposal of seized Oysters. 



29. Oysters seized under the authority of the Act shall be taken 

 charge of by the seizing officer and delivered to the Inspector or person 

 authorized by the Inspector to take delivery of such oysters. If the 

 Inspector shall be of opinion that the oysters so seized will die or become 

 unmarketable before adjudication, he shall cause them to be sold to the 

 best advantage, either by private contract or by public auction at his 

 discretion ; and the proceeds of sale shall be paid into the Treasury to 

 the credit of a special Suspense Account. If the oysters seized shall 

 afterwards be adjudged to be forfeited, such proceeds shall be paid into 

 the General Revenue ; if not, they shall be paid to the person entitled 

 to the oysters. But if the pei'son in possession of the oysters at the 



