Chap. 199.—An ACT to amend and re-enact Sections 3159, 3176, 3177, 3178
and 3179 of the Code of Virginia, relating to licenses to take or catch fish
for certain purposes. [S B 177]

Approved March 18, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tions thirty-one hundred and fifty-nine, thirty-one hundred and seventy-
six, thirty-one hundred and seventy-seven, thirty-one hundred and
seventy-eight and thirty-one hundred and seventy-nine of the Code of
Virginia, be amended and re-enacted so as to read as follows:

Section 3159. Any resident person, firm, or corporation entitled
by law to fish in any of the waters of this Commonwealth or waters
within the jurisdiction of this Commonwealth, desiring to take or catch
fish therein with purse nets for the purpose of manufacturing the same
into oil, fish scrap, fish meal, or manure, or any other purpose shall
first obtain a license therefor, and shall pay to the oyster inspector
a specific license tax, which shall be in lieu of all taxes levied upon
such person, firm or corporation for taking and catching fish with
purse net, or nets, or for selling the product thereof, as follows: on each
sail vessel fishing with purse net of not more than four hundred
meshes deep, fifteen dollars; on each sail vessel fishing with purse net
of more than four hundred meshes deep, fifty dollars; on each power
boat or steam vessel of over twenty horse power fishing with purse
net, one dollar per gross ton, provided the minimum license shall not
be less than one hundred dollars and the maximum not more than two
hundred dollars; on each power boat or steam vessel of not over
twenty horse power, fishing with purse net, twenty-five dollars. Such
oyster inspector shall thereupon grant a license to use such net or
other device, and state in such license the name or names of the
person or persons who shall use the same, and the amount of tax as
prescribed by law; and the term for which said license is granted, shall
begin on the first day of January in any year and end on the thirty-
first day of December of the same year; but it shall be lawful for
a resident of this State, except such persons, firms, or corporations
as may he. engaged in. the :taking or «catching of -fish for: the -purpose
of manufacturing the same into oil, fish scrap, ‘fish meal,’ or manure,
to.employ any vessel.or. net.owned within..or without this, State. for
the purpose of taking. and catching fish. Nothing. in this section. shall
be construed to. permit: fishing in. rivers or other waters prohibited by
law,.or in seasons prohibited by law. :

.. Any nonresident person, firm or,corporation may -be licensed to
take..and.catch fish known as “Menhaden” with purse nets within
the season permitted by law, under the provisions of Section thirty-
one hundred and seventy-six of the Code of Virginia as amended,
within the three mile limit on the seacoast of Virginia and. east of a
straight line drawn from Cape Charles Light House to Cape Henry
Light House upon compliance with the provisions of the aforesaid
section thirty-one hundred and seventy-six of the Code of Virginia.

Any person, firm, or corporation violating the provisions of this
section shall be fined not less than five hundred nor more than two
thousand dollars. And all purse nets, seiries, vessels, steamers, or
other craft, and all fishing tackle, machinery, or other thing used by
such person, firm, or corporation in taking, or catching fish, or manu-
facturing them into oil, fish scrap, fish meal, or manure shall be for-
feited to the: Commonwealth.

Section 3176. No nonresident of this State shall take or catch any
fish in the waters of the Commonwealth of Virginia or in the waters
under the joint jurisdiction of the Commonwealth of Virginia, for the
purpose of converting the same into oil, fish scrap, fish meal, or
manure, except as hereinafter provided; nor shall any nonresident
be concerned or interested with any resident as partner or otherwise,
except as a stockholder in a domestic corporation, in taking or catch-
ing fish in any of the waters of this State to be manufactured into oil,
fish scrap, fish meal, or manure, or in such manufacture, except as
hereinafter provided. Nor shall any resident of this State be con-
cerned or interested with any nonresident as partner or otherwise,
except as stockholder in a domestic corporation, in taking or catching
fish in any of the waters of this State to be manufactured into oil,
fish scrap, fish meal, or manure, or in such manufacture, except as
hereinafter provided, or knowingly permit any nonresident to use his
name for either purpose.

A nonresident person, firm, or corporation may take or catch the
fish known as ‘Menhaden’, within the three mile limit on the sea-
coast of Virginia and east of a straight line drawn from Cape Charles
Light House to Cape Henry Light House for the purpose of con-
verting the same into oil, fish scrap, fish meal, or manure, between the
last Monday of May and the first day of December of each year;
provided such person, firm or corporation has applied for and ob-
tained license to take and catch said fish within the above defined
area and in accordance with the following requirements.

Such nonresident person, firm or corporation shall apply to the
Commissioner of Fisheries of Virginia for such license, at the office
of the. said Commissioner, . Before granting such license the said
Commissioner: shall,-require' the applicant. applying for the same to

(1) The true name or names of the person, persons, firm or cor-
poration owning the purse net, seine,. vessel, or water ‘craft, and all
the apparatus thereunto: belonging, for which this license is desired;
and if it be a firm the true names and addresses .of all the members
of such firm; and if a corporation the location of the principal office
and the names and addresses of: the officers thereof. _

_ (2) The name of each and every vessel, steamer, or other water
craft, and the port in which the same is registered, for which ‘said
license is desired. = |= > ai | ES 7 a
(3) “That during the period of the: license the owners and
all persons employed by them will not violate any of the laws of
this State in regard to the taking and catching of fish in the waters
thereof. = _ mT oe ,

_ Should the said Commissioner of Fisheries be fully satisfied that
the statements. set forth in said’ affidavit are true and bona fide he
shall then grant license to said applicant, upon applicant’s compliance
with the payment of license fees as hereinafter set forth. Such appli-
cants shall be required to pay the same license fee in this State which
a citizen of Virginia would be required to pay in their State. Nothing
in this section shall be construed to permit fishing west of the afore-
mentioned straight line from Cape Charles Light House to Cape Henry
Light House. oa ,

Every such licensee shall by written power of attorney appoint
the Secretary of the Commonwealth and his successor in office, its
agent, upon whom shall be served all lawful process against, or notice
to, such licensee, and who shall be authorized to enter an appearance
in its behalf. The service shall only be made upon the Secretary of
the Commonwealth, or, in his absence, upon the person in charge of
his office, and shall be made in duplicate. A copy of such power of
attorney, duly certified and authenticated, shall be filed with the Sec-
retary of the Commonwealth, and copies thereof duly certified by the
Secretary of the Commonwealth shall be received as evidence in all
the courts of this State. No judgment shall be entered against the
licensee until after the process has been served as set forth at least
ten days. _

Whenever lawful process against, or notice to, any such nonresident
person, firm, or corporation shall be served as hereinabove provided
for, the Secretary of the Commonwealth shall forthwith mail a copy of
such process or notice to said nonresident person, firm or corporation.
For the first process or notice to be so mailed, the Secretary of the
Commonwealth shall collect two dollars and fifty cents, and for each
additional process or notice to be so mailed the sum of fifty cents,
which shall be paid by the plaintiff at the time of such service, and
the same shall be recovered by him as a part of the taxable costs,
if he prevails in the suit or action. A judgment, decree, or order of
the court entered or made against any such nonresident person, firm
or corporation shall be as valid and binding on said nonresident per-
son, firm or corporation as if it had been a resident person, firm or
corporation and served with process or notice therein.

Any person, firm, or corporation violating any of the provisions
of this section shall be fined not less. than five hundred nor more than
two thousand dollars, and all vessels, boats, or other craft, and all
purse nets, seines, fishing tackle, machinery, or other things used in
taking or catching fish or manufacturing them into oil, fish scrap, fish
meal, or manure, shall be forfeited to the Commonwealth under the
proper proceedings.

Section 3177. Every person, firm, or corporation owning a purse
net, seine, or vessel of any description to be engaged in catching fish
in any of the waters of this Commonwealth, or waters within the
jurisdiction of this Commonwealth, to be manufactured into oil, fish
scrap, fish meal, or manure, shall first obtain from the circuit court
of the county in which the factory where such are to be manufactured
is located; or in case of a domestic corporation, where its principal
office is located: or from the judge of such court in vacation, a
certificate authorizing such a person, firm or corporation to obtain from
the oyster inspector of the district wherein such principal office is
located, a license to take and catch fish within the waters of this
Commonwealth, or waters within the jurisdiction of this Common-
wealth, for the purpose aforesaid. If it be a corporation applying for
such certificate, such application shall be made by an officer or one
of the directors of such corporation. Before granting such certificate,
the court, or judge thereof in vacation, shall require the person or
persons applying for the same to disclose on oath: ,

(1) The true name or names of the person or persons, firm, or
corporation owning the purse net, seine, vessel, or water craft, and
all the apparatus thereunto belonging, for which license to take and
catch fish in the waters aforesaid is desired; and if it be a firm, the
true names of all the members of such firm; and if it be a corporation,
whether the same be a domestic or foreign corporation.

(2) That all such persons and firm members are, and have been
for twelve months next preceding, bona fide residents of the State of
Virginia.

(3) The name of each and every vessel, steamer, or other water
craft for which license to take and catch fish for the purposes afore-
said is desired.

(4) That the owners of such purse net, seine, vessel, or other
water craft will not be concerned or interested with any nonresident
of this State, except as stockholders in domestic corporations, in taking
or catching fish in the waters of this Commonwealth, or waters within
the jurisdiction of this Commonwealth, for the purpose of manutfac-
turing the same into oil, fish scrap, fish meal, or manure, or in such
manufacture.
(5:) That the nets or vessels of any description thus to be en
ployed and for which license or licenses is, or are, desired, are nc
held by contract of hire, charter, or other agreement, with the inter
tion to return the same at any subsequent time to any nonresider
person, firm, or corporation.

(6) The place where the factory which is to manufacture th
fish so taken and caught into oil, fish scrap, fish meal, or manure j
located; and in the case of a corporation, where its principal offic
is located.

(7) That during the period of the license, the owners of th
purse net, seine, vessel or other water craft so to be employed wil
not violate any of the laws of this State in regard to the taking anc
catching of fish in the waters thereof.

The provisions of this section shall apply only to resident persons
firms and corporations, who, when duly licensed, shall have the righ
to take and catch fish for the purposes aforesaid in all the waters o:
this Commonwealth or waters within the jurisdiction of this Com-
monwealth.

Section 3178. Any person interested in taking and catching of
fish to be manufactured into oil, fish scrap, fish meal, or manure, o1
in such manufacture may enter himself a party defendant to such
application, and may oppose the granting of such certificate, in which
case the court, or judge thereof in vacation, shall hear evidence for
and against the same. No such application shall be made before
the judge of any court in vacation until such notice that such appli-
cation will be made shall have been posted for at least ten days prior
hereto at three or more public places in the county in which the
factory is to manufacture such fish into oil, fish scrap, fish meal, or
manure as aforesaid is located. All such notices shall be posted in
. conspicuous place, and state the time and place of the intended
pplication. Upon the hearing of such application, if the court, or
udge thereof in vacation, shall be fully satisfied that the person or
ersons Owning such purse net, seine, vessel, steamer, or other water
raft for which license is desired, have all been bona fide residents
f the State of Virginia for at least twelve months next preceding
he time of the application; and if the owner be a firm, that all
nembers of such firm have been bona fide residents of this State for
period above-mentioned ; that all purse nets, seines, vessels, steamers,
r other water craft, and all apparatus thereunto belonging, for which
cense or licenses is or are desired, are owned exclusively by such
ona fide residents of the State of Virginia, and that no nonresident
{ the State of Virginia or person who has not resided in this State
or at least twelve months next preceding is concerned or interested
ith the applicant, either as a partner or otherwise, except as a stock-
older in a domestic corporation, in the taking or catching of fish
1 any of the waters of this State to be manufactured into oil, fish
‘rap, fish meal, or Manure, or in such manufacture; that the factory
- which such fish are to be so manufactured jc awned and anueend 4
xclusively by bona fide residents of this State, and that no pers)"
vho has not been a bona fide resident of his State for at least twelve
nonths preceding is concerned or interested therein, as partner or
therwise, except as a stockholder in a domestic corporation; that the
eine, purse net, vessel, steamer, or other water craft for which license
s desired is not held by contract of hire, charter, or other agreement,
vith the intention to return the same at any subsequent time to any
1onresident person, firm, or corporation; that all the disclosures re-
yuired by the preceding section be made under the oath of the person
naking such application are true; and that none of the laws of this
State designed to prohibit nonresidents from fishing, or being inter-
asted in the taking or catching of fish in the waters thereof to be
manufactured into oil, fish scrap, fish meal, or manure, or in such
manufacture, will be violated or evaded by the granting of such license,
then the said court, or judge thereof in vacation, shall grant a certifi-
cate to the owner of such purse net, seine, vessel, steamer, or other
water craft, authorizing the oyster inspector mentioned in section thirty-
one hundred and seventy-seven to issue to said owner a license for
each of the purse nets, seines, vessels, steamers, or other water craft
for which license is desired and which is entitled to be licensed. Non-
residents may be stockholders in domestic corporations authorized to
take and catch fish to be manufactured into oil, fish scrap, fish meal,
or manure, and to engage in such manufacture.

The provisions of this section shall apply only to resident persons,
firms and corporations who, when duly licensed, shall have the right
to take and catch fish for the purposes aforesaid in all the waters of
this Commonwealth or waters within the jurisdiction of this Com-
monwealth.

Section 3179. Upon the presentation of said certificate, the oyster
inspector of the district aforesaid shall issue to said owner a license
for each of the purse nets, seines, vessels, steamers, or other water
craft for which he is authorized by said certificate to issue license,
according to the provisions of section thirty-one hundred and sixty,
which license shall state the name of the owner and the name of the
vessel, steamer, or other craft so licensed; but nothing herein shal
be construed to prevent the owner of the seine, purse net, vessel
steamer, or other craft so licensed as aforesaid from employing an}
nonresident to command or work said seine, purse net, vessel, steamer
or other craft; and if any vessel, steamer, or other water craft s¢
licensed as aforesaid becomes disabled for use during the period o
such license, the owner thereof may, with the consent of the court
or judge thereof in vacation, granting such certificate, hire or charte
a vessel, steamer, or other craft belonging to a nonresident to tak
the place of the one so disabled for the unexpired period of sucl
license: in which case, the oyster inspector shall transfer the licens
issued for the disabled vessel, steamer, or. other craft to the one s
hired or chartered without requiring any additional license therefor
for which transfer the fee shall be one dollar.
The provisions of this section shall apply only to resident persons,
firms and corporations, who, when duly licensed, shall have the right
to take and catch fish for the purposes aforesaid in all the waters of
this Commonwealth or waters within the jurisdiction of this Com-
monwealth.

2. An emergency existing, this act shall be in force from its
passage.