Chap. 204.—An ACT to amend and re-enact section 2086 of the Code of Vir-
ginia, as amended and re-enacted by an act approved February 18, 1890, as
amended and re-enacted by an act approved March 3, 1898, in relation to fishing
in the waters of the Commonwealth; to provide for levying a license tax on
fishing devices, and for the collection thereof, and to extend the provisions of
said act to all the waters within the jurisdiction of the Commonwealth, as
amended by an act approved March 1, 1900, and as amended by an act approved
March 14, 1902.

Approved May 5, 1903.

1. Be it enacted by the general assembly of Virginia, That section
two thousand and eighty-six of the Code of Vi irginia, in relation to -
cense to residents to fish with purse nets, pound nets, and so forth,
amended and re-enacted by an act approved February eighteenth,
eighteen hundred and ninety, and by an act approved March third,
eighteen hundred and ninety-cight, and as amended by an act approved
March first, nineteen hundred, and as amended by an act approved
March fourteenth, nineteen Hatreclzodk and two, be further amended and
re-cnacted so as to read as follows:

S$ 2086. License of residents to fish with purse nets, pound nets, and
=o forth, or for crabs; their oath; license tax required; amount to be
paid; how obtained: how tax collected; the object thereof; to be ac-
counted for—Any resident of this State desiring to fish with a purse
net, pound net, fyke net. with open bays or funnel-mouth gill nets
used for shad and herring fishing for market or profit, weir or
other fixed device, and haul seines, hauled in other manner than by
hand, in anv of the waters of this Commonwealth, or waters within
the jurisdiction of this Commonwealth, shall apply to the oyster in-
=pector of the district or subdivision of the district within which the
person so applying resides, except that the applicant for license to fish
with a fixed device. shall apply to the ovster inspector of the district
in which the fixed device iz proposed to be located. and state on oath
the true name or names of the person or persons applying for license,
that they are and have been for twelve months next preceding, resi-
dents of this State, the place at which the net. seine, fvke, weir, or
other fixed device is te be fished, and that during the peried of the
ieense they will not violate any of the laws of this State in relation to
the faking and catching of fish: provided, this act shall not apply to
hand lines nor to gill nets other than those aforesaid. Such ovster in-
spector shall thereupon grant a license to use such net, tyke, weir, or
other fixed device, or haul seine hauled in any other manner than by
hand, and state in such license the name or names of the person or per-
sons who shall use the same, the place at which it is to be located or
used, the season for which said Heense is granted, which season shall
begin on the first day of February in any vear, and end on the thirty-
first dav of January of the vear following, and the amount of tax as is
hereinafter provided: provided, however, that it shall be lawful for a
resident of this State to employ any vessel or net owned within or with-
out this State for the purpose of taking and catching fish: provided,
that nothing in this act shall be construed to permit. fishing in por-
tions of York river prohibited by daw, and in seasons prohibited by
law in said river, and in seasons prolnbited by law in other sections 0!
the State: and provided, also, that nothing in this act shall be con.
strued 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, or within one mile of the mouth of Lynn:
haven river in any manner or with any net now prohibited by law
For granting such license the ovster inspector shall receive a fee ot
fifty cents for each net lensed. except where the license tax is k=:
than three dollars the inspector shail receive a fee of twenty-five cent
for each license granted.

2. Every such resident who shall apply for such license to catch or tak:
fish from the waters of the Commonwealth, or the waters within the
jurisdiction of the Commonwealth, in addition to the fee aforesaid,
shall pay to the ovster inspector of such district a specific leense tax.
which shall be in lieu of all taxes levied upon such persons for taking
and catching fish, or for selling the products thereof, as follows: On
each sail vessel fishing with purse net of not more than four hundred
meshes deep, five dollars : on each sail vessel fishing with purse net 0?
more than four hundred meshes deep, twenty- five dollars; on cach
stcars vessel fishing with purse net, one hundred dollars : on each
pound net, three dollars; on each tvke, weir, or other fixed device er
gill net used in shad and herring fishing for market or profit, one dollar:
and on each haul seine hauled hy windlass, horse, or mule power, or
other power than hand or steam, five dollars; on each haul seine oc-
er ated by steam power, ten dollars.

3. Anv resident of this State desiring to fish for crabs with ScTayes,
nets or other like devices in anv of the waters of the Commonwea!th
shall apply to the oyster inspector of the district or subdivision of the
district within which the person so applving resides. and state upon
oath the trne name or names of such person or persons so applying. and
that they are, and have been for twelve months next preceding, resi-
dents of this State. Such ovster inspector sha thereupon issue to the
person or persons so applying a license for the purpose of taking or
eatching crabs, and the ovster ins spector shall mark upon the starhoar]
prow and foresail of such person's beat the number of such license tn
conspicuous figures of not Jess than five inches in length. precedent in
all cases Dv the number of the ovster district and the letter Cl. Ex-
ample: + Cy, one: 4 Cy, two, and se ferth. For erantine such license
the oyster Inspector shall receive a fee of twenty-five cents for each li-
cense granted, in addition to which fee the person applying for such li-
conse shall pay to the oyster inspector a specific license tax of one ao]-
mr

. The ovster inspector shall record ina hook to he kept in his af
fice for that purpose the name of ail persons obtaining license for fish-
ing or crabbing: the place at which the net, seine. fv ke, weir, or other
fixed device is to he used: the kind of net. seine, fvke, wor, or other
fixed device: the amount of license tax paid, and the fines or other
revenues aceruing under this act: and it shall he the duty of each and
every oystcr ins spector to furnish the board of fisheries with a monti.!y
report of same. If anv person shall use, or set or cause to be used
set, any such purse net, pound net, fvke net, weir or other fixed device,
or gill net as aforesaid, or shall haul or use any such seine, hauled in
any other manner than by hand, in any of the waters of this Commen-
wealth or waters within the jurisdiction of this Commonwealth, with-
out having first paid the tax and obtained the hcense provided for in
this act, he shall be deemed guilty of a violation of the provisions
thereof, and shall, for such violation, forfeit such net and other fishing
devices. It shall be the duty of the inspector to report such violation
to the State board of fisherics, whereupon said board shall cause soine
one of the commanders of the ovster police boats, or vessels,
to take up all such purse nets, pound nets, fyke nets, weirs, or other
fixed devices, or gill nets, as aforesaid, and scll the same at public auc-
tion, or otherwise, upon ten davs’ advertisement: provided, that no
such sale shall be made till after twenty days from the time when such
property was taken up. - any oyster inspector knowingly fail to re-
port violations of this act, - to perform anv of the duties herein. re-
quired of him, he shall, for « every such offense, forfeit one hundred del-
lars. The money collected for license taxes and from the sale of such
fishing devices and boats and forfeitures from such inspectors for
violation of their duties under this act shall be applied to the support
of the government, but to be accounted for in the general ovster fund
of me State; 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 ovster inspector for the district within the
jurisdiction where such fishing or crabbing is desired to he carried on,
then 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 revenne shall be empowered to
issue all licenses, in conformity with this act, to receive all fees and
taxes herein provided, and shall make sueh report. and be lable to
such penalties for failure to perform the duties as are hereinbefore pre-
scribed.