thousand dollars. The remaining members of the board shall receive no salary beyond their expenses incurred in the performance of their duties. The governor shall have power to remove any or all of them for neglect of duty, misfeasance or malfeasance in office, and to fill any vacancy or vacancies which may occur at any time in the board.

14. It shall be the duty of the secretary of the board, who shall also be assistant chief inspector, to keep all accounts and records of the board, to make all reports and returns for the board to the auditor of public accounts, and to perform whatever duties may be required of him in a clerical way or any other duty the chairman may require of him as assistant chief inspector in addition to his active participation as a member of the board.

15. All records or accounts in the office or offices of said board shall be open at all times to the examination of the governor and auditor of public accounts or their accredited agents.

16. It shall be the duty of the chairman of said board to preside at the regular meetings of the board, to call such special meetings as may appear proper and advisable, and to maintain a constant supervision of the general industries under the care of this board.

17. It shall be the duty of this board to make an annual report to the governor and a report to the general assembly whenever that body convenes in regular session, in which shall be plainly set forth the amounts of revenue derived from the several industries embraced in their supervision, and they shall recommend such legislation as in their judgment and experience may be deemed advisable in the interest of these industries and the revenues of the state to be derived therefrom.

18. To meet the necessary expenses of this board there shall be appropriated annually the sum of four thousand dollars, or so much thereof as may be necessary, out of the oyster fund of the state, which shall include the salaries as provided by this act.

19. Section two thousand one hundred and fifty-seven of the code of Virginia and all acts or parts of acts in conflict with this act shall be and the same are hereby repealed.

20. Provided, that no member of the said board of fisheries nor any of the sub-inspectors nor the captains of the oyster navy shall be engaged (for market or profit) in the oyster industry, either directly or indirectly.

NOTE. The title of this act does not recite the fact that the office of fish commissioner is intended to be abolished by said act. See constitution of Virginia, article V., section 15.

As Amended 1889-90, p. 390.

As Amended 1889-90, p. 390.

CHAPTER XCVI.

UNLAWFUL FISHING.

Sec. 2083. Fishing with purse net or pound net.-It shall be unlawful for any person to fish with a purse net or pound net in any of the rivers of this state or within one mile of the mouth of any river, except that the pound net may be used in the Piankitank river; or to fish with purse nets in creeks or within half a mile of the shore of the Chesapeake bay within the limits of Elizabeth City, Accomac, or Northampton counties, or to set any pound nets or to take fish by means thereof in any creek within the counties of Accomac and Northampton or in the Chesapeake bay between the first day of May and the first day of June in any year on the eastern side of said bay.

Sec. 2084. Meshes of pound net.-No pound nets set in any of the waters of this state shall have meshes less than two inches stretched measure.

Amendment 1889-90, p. 67.

Sec. 2086. License of residents to fish with purse net, pound net, As Amended 1897-8, p. 864. &c., or for crabs; their oath; license tax required; amount to be paid; Previous how obtained; how tax collected to be accounted for.—Any resident of this state desiring to fish with a purse net, pound net, fyke net, weir, or other fixed device, except a gill net or trot line, or haul seine hauled in other manner than by hand in any of the waters of this commonwealth shall apply to the oyster inspector of the district within which the person so applying resides and state on oath the true name of the person or persons applying for such license, that they are and have been for the twelve months next preceding residents of this state, the place at which the net, seine, fyke, weir, or other fixed device is to be fished, and that during the period of the license they will not violate any of the laws of the state in relation to the taking and catching of fish. Such oyster inspector shall thereupon grant a license to use such net, fyke, weir, or other fixed device of any size mesh or haul seine hauled in any other manner than by hand during any season of the year, and state in such license the name or names of the person or persons who shall use the same, the place at which it is to be located or used, the depth of water to be used in, and the amount of tax as hereinafter provided: provided, however, that it shall be lawful for a resident of this state to employ any vessel or net owned within or without this state for the purpose of taking and catching fish: provided, that nothing in this act shall be construed to permit fishing in portions of the York river prohibited by law and in seasons prohibited by law in said river: and provided, also, that nothing in this act shall be construed to permit fishing in James river, Nansemond river, Elizabeth river, Chickahominy river, or within one mile of the mouth of either, or in the tributaries of either, in any manner or with any net now prohibited by law, nor be so construed as to require a license or impose a tax for the privilege of taking and catching fish by any resident in any manner for the use of such resident or his family. For granting such license the oyster inspector shall receive a fee of one dollar from each person so applying, except where the license is to fish in water of six to twelve feet deep the inspector shall receive a fee of fifty cents from the person so applying.

2. Every such resident who shall apply for such license to catch or take fish from the waters of the commonwealth in addition to the fee of one dollar shall pay to the oyster inspector of such district a specific license tax, which shall be in lieu of all taxes levied upon such persons for the taking and catching fish or for selling the products thereof as follows: On every sail vessel fishing with purse net of not more than four hundred meshes deep, five dollars; on every sail vessel fishing with purse net of more than four hundred meshes deep, twenty-five dollars; on every steam vessel fishing with purse net, one hundred dollars; on every pound net, fyke, weir, or other fixed device to be fished in water of six to twelve feet deep, one dollar; on every pound net, fyke, weir, or other fixed device to be fished in water twelve to thirty feet deep, five dollars; on every pound net, fyke, weir, or other fixed device to be fished in water more than thirty feet deep, ten dollars, depth of water to be based upon measurements at mouth of main pound; on every haul seine hauled by windlass, horse or mule power, or other power than hand or steam, five dollars; on every haul seine operated by steam power, ten dollars.

3. Any resident of this state desiring to fish for crabs with scrapes in any of the waters of the commonwealth shall apply to the oyster inspector of the district within which the person so applying resides and state upon oath the true name of such person or persons so applying, and that they

As Amended 1889-90, p. 391.

1893-4, p. 387.j

As Amended 1897-8, p. 439. Previous

Amendments

1891-2, p. 984. 1895-6, p. 548.

are and have been for the twelve months next preceding residents of this state. Such oyster inspector shall thereupon issue to the person or persons so applying a license for the purpose of taking or catching crabs, and the oyster inspector shall mark upon the starboard bow of such person's boat the number of such license in conspicuous figures of not less than five inches in length, preceded in all cases by the number of the oyster district and the letter C. Example: 4 C 1, 4 C 2, and so forth. For granting such license the oyster inspector shall receive a fee of fifty cents, in addition to which fee the person applying for such license shall pay to the oyster inspector a specific license tax of one dollar.

4. The oyster inspector shall record in a book to be kept in his office for that purpose the names of all persons obtaining license for fishing or crabbing, the place at which the net, seine, fyke, weir, or other fixed device is to be used, the kind of net, seine, fyke, weir, or other fixed device, the depth of water it is to be used in, the amount of license tax paid, and the fines or other revenues accruing under this act; and it shall be the duty of each and every oyster inspector to furnish the board of fisheries with a monthly report of same. Each and every oyster inspector shall report to the board of fisheries or some commander of the oyster navy the failure upon the part of any and all persons to conform to the provisions of this act, and any such commander shall be and is hereby empowered to arrest such person or persons so reported by an oyster inspector or who may be known to him as not conforming to the provisions of this act and carry him or them before some justice of the peace, and upon conviction such person or persons shall be fined not less than twenty-five dollars nor more than two hundred dollars, to be recovered according to law. If any oyster inspector knowingly fail to report violations of this act or to perform any of the duties herein required of him he shall for every such offence forfeit one hundred dollars. The money collected for license taxes or fines under this act shall be paid over to the auditor of public accounts and accounted for in the general oyster fund of the state, but shall in nowise be considered a part thereof or in any way be used to defray the expenses of said oyster commission. And the board of fisheries shall make a separate report of the subjects in this act and the revenue derived therefrom respectively.

5. Should there be no oyster inspector for the district within the jurisdiction where such fishing or crabbing is desired to be carried on all the duties devolving upon oyster inspectors under this act shall be performed by the commissioner of the revenue for such county or district, and such commissioner of the revenue shall be empowered to issue all licenses in conformity with this act, to receive all fees and taxes herein provided, and shall make such report and be liable to such penalties for failure to perform the duties as are herein before prescribed.

Sec. 2087. Penalties for violations of the four preceding sections.— Any person violating any of the provisions of the four preceding sections shall for each offence be fined not more than one hundred dollars.

Sec. 2087 a. Protection of fish.-It shall not be lawful to use fish berries, lime, or giant powder, dynamite, or any explosive substance for the destruction of fish in any of the waters in this state.

Any person violating this act shall on conviction thereof be fined thirty dollars for each offence, one-half to be paid to the informer, and shall be imprisoned in jail until the fine is paid, but not exceeding thirty days.

Sec. 2088. Hauling seines or setting traps in the waters of Accomac and Northampton.-No person shall haul seines or set weirs or traps of any kind for the purpose of taking or catching fish in the waters of Accomac or Northampton counties at or within the mouth or inlet, or in any

creek, stream, or body of water, or in thoroughfares in said counties between the fifteenth day of May and the first day of September in any year: provided, it shall be lawful during said prohibited period to catch fish with draw seines in the waters of the Chincoteague inlet and its tributaries in Accomac county: and provided, the catch of fish shall be for home consumption and not for sale outside of the county. "Mouth" and "inlet,” as used in this section, shall be construed as commencing one mile beyond headlands or marshes bordering on said creeks, streams, or bodies of water. This section shall not apply to taking of fish known as "fat back," nor be construed to prohibit the hauling of seines for family use in the waters of the north fork of Old Plantation creek in the jurisdiction of Northampton county within the limits prescribed in chapter two hundred and eleven of the acts of eighteen hundred and seventy-six and eighteen hundred and seventy-seven during the months of June, July, and August, nor to interfere with the privilege of taking fish in Chesapeake bay. Any person violating the provisions of this section shall for each offence be fined not less than fifty nor more than one hundred dollars, and all seines, boats, and other appliances used in such violation shall be forfeited to the commonwealth.

Sec. 2099. License required for catching fish for oil or manure.— As Amended Every person who owns a seine, purse net, or vessel of any description to 1891-2, p. 645. be engaged in catching fish to be manufactured into oil or manure or selling them to any person engaged in the manufacture of such oil or manure or vessel in which to carry them to the factory shall first obtain from the county court of the county in which he resides a certificate authorizing him to obtain a license to carry on said business, and before issuing such certificate the judge of the county court shall require the person applying for the same to state on oath the true names of the persons owning the seine, purse net, vessel, or vessels and all apparatus thereunto belonging or who are to be interested in fishing therewith; that they are and have been for twelve months next preceding residents of this state; that they will not take or catch fish with any non-resident; that the nets and vessels thus to be employed by them in catching fish for manufacturing oil or manure as aforesaid are not held by an agreement or charter with intention to return the same at any subsequent time to a non-resident, and that during the period of the license they will not violate any of the laws of this state in regard to the taking or catching of fish: provided, however, that nothing herein shall be construed to prevent the owner of the seine, purse net, or vessel aforesaid from employing any non-resident to command or work said seine, purse net, or vessel.

Sec. 2103. [Repealed. Acts 1889-'90, page 47 ]

Sec. 2104. Penalties for violating certain sections.-Any person vio- As Amended lating any of the provisions of section twenty hundred and ninety-five or 1889-90, p. 47. of the sections following to twenty-one hundred inclusive shall be fined not exceeding one thousand dollars, one-fourth of which shall be to the informer, and the vessel, boat, or craft, and all purse nets, seines, fishing tackle, machinery, or other thing used in taking or catching fish or manufacturing them into oil or manure contrary to law shall be forfeited to the commonwealth.

Sec. 2105. Dams, &c., to be provided with " McDonald fishway."- As Amended Any person or corporation owning or having control of any dam or other 1889-90, p. 10. obstruction in any of the rivers of this state above tide-water which may interfere with the free passage of fish shall provide every such dam or

As Amended 1895-6, p. 471.

As Amended 1893-4, p. 779.

As Amended

1895-6, p. 915. Previous

obstruction with a suitable fish-ladder so that fish may have free passage up and down said rivers during the months of March, April, May, and June of each year, and maintain and keep the same in good repair and restore it in case of destruction.

Sec. 2107. Inspection of dams and rivers by supervisors and councilmen. The supervisors of each county and the councilmen of each city or town shall make a personal inspection of dams and rivers in their respective counties and corporations in the months of April and October of each year and report to the court of the county or corporation any violation of the provisions of section twenty-one hundred and five: provided, however, that the county of Fauquier shall be exempted from the provisions of this section.

Sec. 2108. Unlawful fishing.-It shall be unlawful

First. WHEN UNLAWFUL TO CATCH TROUT.-To kill or capture mountain trout by any process whatsoever in any of the waters of this state between the fifteenth day of September and the first day of April of each year, or at any time except by angling with hook and line; or

Second. WHEN TO CATCH RIVER OR POND BASS.-To kill or capture any river bass (commonly called black bass or black perch) or pond bass (commonly called southern chub) between the fifteenth day of May and the first day of July of each year, or to shoot, spear, trap, or net same at any time; or

-

Third. WHEN TO BUY, SELL, OR USE SAME. -To buy, sell, or make use of mountain trout or black bass or pond bass within said prohibited periods, respectively; or

Fourth. PROHIBITION AGAINST USE OF SUBSTANCES INJURIOUS TO FISH.-TO use fish berries, lime, or giant powder, dynamite, or any other explosive substance for the destruction of fish, or knowingly or wilfully to cast any noxious substance or matter into any water course of this state above tide-water by which fish therein may be destroyed, or to place or allow to pass into the waters of the James or Appomattox rivers, or any of their tributaries, any lime, gas tar, or refuse of gas works injurious to fish; or Fifth. PROHIBITION AGAINST INJURY TO FISH-BOXES OR EGGS OF FISH.-TO injure any box, trough, or other contrivance, dam, or pond of the fish commissioner and his agents, or of any private individual engaged in the artificial breeding of fish, or injure or molest any fish eggs or young fish therein.

Sec. 2109. Penalty for violating the preceding section; possession of the fish evidence of guilt.-Any person violating any of the provisions Amendment of the preceding section shall on conviction thereof be fined for each offence 1895-6, p. 248. twenty dollars and be imprisoned in jail until the fine is paid, but not exceeding thirty days, and forfeit all boats, nets, or other contrivances employed by him in such violation provided, that in case of a violation of the provisions of the first sub-division of said section in relation to mountain trout the amount of the fine shall not be less than five dollars nor more than twenty dollars. In a prosecution of a person for a violation of any provision of the first, second, and third sub-divisions of said section the possession by such person of any of the fish mentioned in said sub-division shall be prima facie evidence of his guilt.

Extra Session 1887, p. 508.

Sec. 2114 a. Fish in the waters of the Mattaponi and Pamunky rivers. That it shall not be lawful for any person to fish in the waters of the Mattaponi and Pamunky rivers, or in York river above the mouth of Pocopotank creek on the north side, or Ware creek on the south side of York river, nor on the southern branch of Elizabeth river with fyke nets