CrChap. 212.—An ACT for the Protection of fish in the waters of the
commonwealth above tide-water.

Approved March 21, 1877.

1. Be it enacted by the general assembly of Virginia, That
it shall not be lawful for any person to catch or destroy, or
to take any fish in or from any of the waters of this com-
monwealth above tide-water, by means of any seine or net,
or trap of any kind, or by any other means whatsoever,
otherwise than by angling with a hook and line, for six years
from the passage of this act: provided that none of the pro-
visions of this act sball hinder or pruhibit the commissioners
of fisheries, or their agents, from catching or taking fish from
any of the waters of this state, at such times and by such
means a8 may seem proper to them: and provided further,
that nothing in this act shall be understood to forbid the use
of a hand or minnow net in taking small fish tq be used for
bait in angling.

2. It shall not be lawful for any person to kill or capture
mcuntain trout (salmo fontinalis), in any of the waters of
this state between the fifteenth day of September and the
first day of April of each year, by any process whatsoever,
nor at any other time, except by angling with hook and line.
Nor shal! it be lawful to kill or capture any river bass (com-
monly called black bass, or black perch), or pond bass (com-
monly called southern club) between the fifteenth day of
May and the first day of July of each year; nor shall it be
Jawful to shoot or spear either species of these fish at any
time.

3. It shall not be lawful for any person to have ir his pos-
session during the time in which the taking of the same is
forbidden in the foregoing sections, any fish therein forbid-
den to be taken, or to buy or sell, or make any use of such
fish within said forbidden period, under the penalties of this.
act; and said possession, sale, or use shall be deemed prima
facie evidence of its violation. ,

4. It shall. not be lawful for any person or corporation to
use fish berries, lime, or giant powder, or dynamite, or any
other explosive article, for the destruction of fish.

5. Any person or corporation offending against the first,
second, third, and fourth sections of this act, shall be guilty
of a misdemeanor, and on conviction thereof in any court, or
before a justice of the peace, shall be fined in the sum of
twenty dollars for each offence, and shall be imprisoned till
said fine is paid, but not exceeding thirty diys; and it shall
be the duty of the sheriff of the county or corporation in.
which the offence is committed, to prosecute the offending
party promptly and vigorously; and in every case of wilful
failure to perform this duty, he shall, on complaint by any
person to the county or corporation judge, be fined not less
than ten dollars nor more than twenty dollars. In addition
to the penalty above specified, the offending party shall for-
feit all boats, nets, or other illegal contrivances, pay all costs
of suit, and the cbarges incident to the capture of said illegal
contrivances.

6. It shall not be lawful for any person to molest or dam-
age any fish eggs or young fish in the boxes or troughs of
the fish commissioners, or their agents, or any private indi-
vidual engaged in the artificial breeding of fish, or injure the
boxes, troughs, dams, or ponds, or other apparaths of said
commissioners and agents, under the penalties of tbe fifth
section of this act.

7. It eball be the duty of the judge of each county or cor-
poration court to give this act in charge to every grand jury,
whose duty it shall be to present every infraction thereof, not
reported and prosecuted by the sheriff, and the common-
wealth’s attorney for each county and city, shall diligently
prosecute every such violation of this act: provided the pro-
visions of this act shall not apply to any of the waters empty-
ing into Tennessee and Kentucky.

8. All acta and parts of acts in conflict with this act are
hereby repealed.

9. This act shall be in force from its passage.