Chap. 228.—An ACT to amend and re-enact sul:sections two, six, eleven,
twelve and fifteen of section two thousand and eighty-six of the
Code of Virginia, as heretofore amended.

Approved March 138, 1912.

1. Be it enacted by the general assembly of Virginia, That
subsections two, six, eleven, twelve and fifteen of section two
thousand and eighty-six of the Code of Virginia as heretofore
amended, be amended and re-enacted so as to read as follows:

$2086. License of residents to fish with purse nets, pound
nets, and so forth, or for crabs, scallops, or clams; canning,
packing, buying, or marketing fish roe, herring, crabs, scallops,
or clams; their oath; license tax required; amount to be paid;
how obtained; how tax collected; the object thereof to be ac-
counted for; cull law for clams and certain fish; designation
of certain nets and sizes of mesh; setting aside crabbing and
clamming grounds; penalties for same, and for concealing boat’s
name or number when operating under license for catching fish
or shell fish; certain duties of inspectors and commissioners of
the revenue.

Subsection 2. Every such resident who shall apply for such
license to catch or take fish from the waters of the common-
wealth, or the waters within the jurisdiction of the common-
wealth, in addition to the fee aforesaid, 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 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 decp, five dollars; on each sail vessel fishing with
purse net of more than four hundred meshes deep, twenty-
five dollars; on each steam vessel fishing with purse net, one
hundred dollars; on each pound net, three dollars; on each float
or stake gill net of six hundred feet in length and under, one
dollar; and for every additional one hundred feet or fraction
thereof, twenty-five cents; on each thresh net, or skirt net or
similar device, one dollar; on each fyke net head, weir, or simi-
larly fixed device, one dollar; on each haul seine, operated by
motor boat power not exceeding five-horse, or by hand, for mar-
ket or profit, three dollars; on each drift haul net, attended by
motor boat exceeding five-horse power, twenty dollars, but no
steamboat shall be allowed to fish such net; on each haul seine
hauled by windlass, with horse or mule power, or other power
than hand or steam, twenty dollars; on each haul seine operated
by steam power, fifty dollars; on each sturgeon gill net or tram-
mel net, three dollars; on each sturgeon sweep net or haul seine,
twenty-five dollars; for every person not a resident of the State of
Virginia, catching blue fish by hand line, two dollars, and in-
spector’s fee of fifty cents; provided no net of any kind shall be
used for catching blue fish.

Subsection 6. It shall be unlawful to take, catch or have in
possession any sturgeon less than four feet in length; or any rock
fish of less than ten inches in length; or any spot less than six
inches in length; or any blue fish less than eight inches in
length; or any butter fish less than four inches in length; or any
bonito fish less than twenty inches in length; or any croakers
(grumblers) less than seven inches in length; or any black drum
less than six inches in length; or any red drum less than twelve
inches in length; or any hog fish less than six inches in length;
or any mackerel less than ten inches in length; or any mul-
lets less than six inches in length; or any pompanos less than
seven inches in length; or any porgie or moon fish less than ten
inches in length; or any round head or sea mullet less: than
seven inches in length; or any sea bass less than five inches in
length; or any sheepshead less than twelve inches in length; or
any bay trout less than eight inches in length; or any salmon
trout less than ten inches in length; or any gray trout (weak
fish) less than nine inches in length; or any black bass less than
eight inches in length; or any mud shad less than seven inches
in length; or any white sand perch less than five inches in length;
or any yellow or ring perch less than seven inches in length; or
any blue nose perch less than seven inches in length; or any rob
bins (sun fish) less than four inches in length; or any bream less
than eight inches in length; or any hickory shad less than eight
inches in length; all measurements to be from nose to tip of iail.
Any such fish caught by any person shall be at once returned to
the water.

Subsection 11. If any captain, master or owner, cover or
conceal, or permit to be covered or concealed, the name or num-
ber of any vessel while operating under license granted for the
catching or taking or conveying of fish, oysters, clams, scallops
or crabs, or shall carry or permit to be carried aboard his vessel]
when employed in fishing for menhaden any scrape, dredge or
patent tongs, he shall be fined not less than ten nor more than
one hundred dollars.

Subsection 12. Any net having a funnel-mouth, round-
mouth or square-mouth with head exposed above water shall be
construed as a pound net for the purpose of this act.

Sub-section 15. Every person engaged in the business of
buying, marketing and shipping scallops or clams shall, for such
privilege, on or before October first of each year, pay to the in-
spector of the district in which such person does business, a
license tax per year as follows, and, in addition a fee of fifty
cents to said inspector for his services; less twenty thousand
scallops or clams per year, two dollars; from twenty thousand
to fifty thousand scallops or clams per year, five dollars; from
fifty thousand to one hundred thousand scallops or clams per year,
ten dollars; over one hundred thousand scallops or clams per
year, twenty dollars. Any person found guilty of making false
report to an inspector as to the number of scallops or clams he
has handled for market when obtaining license under this sec-
tion, or any person failing to comply with the requirements of
this section or of the preceding section, or of violating any of the
provisions of either section, shall be fined not less than ten nor
more than two hundred dollars; and if any person shall have in
his possession any oysters while taking or catching clams or scal-
lops during the season in which it is not lawful to take or catch
oysters from the natural rocks, beds, or shoals, he shall be prima
facie guilty of violating the law against the taking or catching
oysters therefrom during such season, and upon conviction, the
penalty shall be the same as for taking or catching oysters from
the natural rocks, beds, or shoals during the prohibited season.

2. An emergency existing because of the approach of the
fishing season, this act shall take effect from its passage.