CHAPTER 785

An Act to amend and reenact §§8 28.1-165, as amended, and 28.1-178 of
the Code of Virginia, relating to licenses and restrictions on taking
and handling of crabs, and restrictions on use of crab traps and
pounds; and to amend the Code of Virginia by adding thereto a
section numbered 28.1-178.1, to prohibit the placing of crab pots in
certain navigable channels.

[H 6382]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 28.1-165, as amended, and 28.1-173 of the Code of Virginia
be amended and reenacted, and that the Code of Virginia be amended by
adding thereto a section numbered 28.1-173.1, as follows:

_ § 28.1-165. Licenses to take crabs; amount of tax; restrictions on
privilege.—Any resident of this State desiring to take or catch crabs for
market or profit from the waters of this Commonwealth, or waters under
its jurisdiction, by any of the means hereinafter stated, or any person
desiring to engage in the business of buying or marketing crabs for pack-
ing or canning the same in any way, shall pay to the inspector of the
district in which he resides the taxes and be subject to the provisions set
forth in the other sections of this article and the following subsections:

(1) For each person taking or catching crabs by dip nets, net, ordi-
nary trot line, hand rake, or hand scrape, pushed or pulled, or with any
device other than hand line, three dollars and seventy-five cents; provided
that no boat shall be used to pull or push any rake or scrape except as
provided for in subsections (4) to (8) of this section.

(2) For each person taking or catching crabs with patent trot lines,
fifteen dollars and seventy-five cents.

(8) For each boat operator catching blue crabs by means of a device
made of wire or thread net and commonly known as a crab pot, fifteen
dollars; or if catching crabs with one or more assistants twenty-five
dollars; but no such pot or device shall be used which has a mesh less
than one and one-half inches. A holder of a crab pot license may use peeler
pots, exempt from mesh size limitations, without securing additional
license. A peeler pot is defined as a wire mesh pot baited with only live
adult male (jimmy) blue crabs. Provided, however, that during the months
of June, July and August any person fifteen years of age or under may
be an assistant to a boat operator catching blue crabs by means of a
device made of wire or thread net without obtaining a license.

__ (4) For boat used for the purpose of taking or catching hard crabs
with power lifted scrapes or dredges, thirty dollars; but such boat shall
not be used as a boat for buying crabs, when the Commission limits the
taking of crabs under § 28.1-168. ;

(5) (a) For each person, firm or corporation picking crabs, sixteen
dollars and fifty cents.

4 ia b) For each person, firm or corporation shedding crabs, eleven
ollars.

Anyone purchasing a license as provided in parts (a) and (b) of this

subsection shall not be required to purchase a crab buyer’s license.

(6) (a) For each boat or motor vehicle used in buying crabs, eight
dollars and twenty-five cents. The license plates issued shall be attached
and displayed on each boat or motor vehicle used in buying crabs.

(b) For each person, firm or corporation engaged in marketing crabs
by barrel, basket or crate, eight dollars and twenty-five cents.

(c) No person who is licensed to catch crabs shall be required to
procure further license for marketing or shipping his own catch.

(7) For each crab trap or crab pound, * three dollars.

4 at scraping crabs with a hand scrape, eight dollars and twenty-
ve cents.

§ 28.1-173. Use of crab traps and crab pounds to take crabs.—It
shall be unlawful to place, set or use traps or crab pounds within one
hundred yards of any other crab traps or crab pound without respect to
whether or not such other crab pound or fyke is owned by the same or
some other person, firm, corporation or association. Any person, corpora-
tion or association violating any of the provisions of this chapter shall be
guilty of a misdemeanor and punished as provided by law.

Every owner or user of a crab trap or crab pound shall completely
remove such traps, leads, poles and gear from their locations not later
than the first day of December of each year. No licenses for crab traps
or crab pounds for a subsequent year shall be issued to any person, cor-
poration or association failing to accomplish such removal until the same
has been accomplished.

§ 28.1-1738.1. Unlawful to place crab pots in certain channels.—It
shall be unlawful to place or maintain any crab pot in a navigable channel
which has navigation aids installed or approved by any agency of the
United States Government. The owner or user of any crab pot who has
located such crab pot in accordance with the provisions of this section
Shall be relieved of civil liability for any damages resulting from the loca-
tion of such crab pot.