Chap. 363.—An ACT to amend and re-enact Section 3146 of the Code of
Virginia, in relation to the Commission and Commissioner of Fisheries, so
as to provide that the office of the Commissioner of Fisheries shall be in
the city of Newport News. [H B 465]

Approved March 31, 1938

1. Be it enacted by the General Assembly of Virginia, That section
thirty-one hundred and forty-six of the Code of Virginia, be amended
and re-enacted so as to read as follows:

Section 3146. Commission and Commissioner of Fisheries ; mem-
bers; oaths, powers and duties; reports.—There is hereby created <
Commission of Fisheries, which shall be appointed by the Governor

to hold office at the pleasure of the Governor for a term coincident witk

that of each Governor making the appointments, or until their succes:
sors shall be appointed and qualified, to consist of five members, includ
ing the Commissioner of Fisheries, who shall be the chairman. The
commissioner and the associate members shall take the oath prescribed
by section thirty-four of the Constitution before a court of record
of any county or city wherein such member resides. The commission
of each member shall be forwarded by the Governor to the clerk of
the court of record of the county or city of which such member is a
resident, and shall be delivered to such member on the taking of the
oath and the giving of the bond hereinafter prescribed.

(2) The commissioner shall enter into bond in the penalty of five
thousand dollars, and each associate member shall enter into bond in
the penalty of five hundred dollars, with surety to be approved by the
Governor, payable and conditioned as required by section two seventy-
nine of the Code of Virginia.

(3) The commissioner shall receive a salary to be fixed by the
Governor, not exceeding seven thousand five hundred dollars annually,
and payable out of the appropriation made for the Commission of
Fisheries. The associate members shall receive a per diem of ten
dollars when actually serving and actual traveling expenses incurred
in attending the meetings of the commission.

(4) The commissioner and the associate members shall jointly
exercise all the powers herein conferred, except that it is the intent of
this section that the commissioner shall, except as otherwise provided,
be wholly responsible for the enforcement of the fish and shell-fish
laws and for the appointment and removal of all employees.

(5) The commission shall meet on the call of the chairman at
such times as he may deem necessary, and at such places as he may
designate. ,

(6) The commissioner shall establish and equip a permanent office
at some convenient place in the city of Newport News. All records
in the office shall be open at all times to the examination of the Governor,
Auditor of Public Accounts, or their accredited agents, or any interested
person.

(7) The office of the commission shall be kept open for the trans-
action of business throughout each year, in conformity with the rules
and regulations of the Commonwealth. __

(8) The commissioner is hereby authorized to appoint all of the
officers and employees of the Commission of Fisheries, including all
inspectors and police boat captains, and shall have full control of all
the employees of his department, excepting the associate members.
He is hereby authorized to remove, with cause deemed sufficient by
him, such employees as may be necessary for the proper carrying on
of the work delegated to his supervision.

(9) The commissioner shall faithfully, impartially, and efficiently
enforce all of the laws of this State relative to fish and shellfish in-
dustry in the tidewaters of the Commonwealth, or under the jurisdiction
or under the joint jurisdiction of the Commonwealth, and shall see
that all laws relating to fish and shellfish are enforced and observed.
It shall also be the duty of the commissioner to see that the employees
faithfully perform the duties prescribed for them by law, and observe
such rules and regulations as may be laid down by the commission or
commissioner for their government.

(10) The commissioner with the approval of the Commission of
Fisheries is authorized to purchase or rent such boats, nets, and other
equipment as may be necessary to enable the commissioner and _ his
assistants to perform the duties imposed on them by law; and the said
commissioner is also authorized with the approval of the commission
to sell, exchange, charter, lease, rent, or repair any boats or other
equipment belonging in the service; and in the case of sale or exchange,
may re-invest the proceeds in another boat or boats, or equipment.

(11) The Commission of Fisheries shall divide the territory over
which it has jurisdiction into districts, and in doing so it shall redistrict
such territory with a view to reducing the number of inspection districts
to the smallest number, commensurate with the efficient enforcement
of the fish and shellfish laws of this State. This power shall be a
continuing power and may be exercised at any time.

(12) All employees shall be required to make such reports to the
commissioner at such times as the said commissioner or commission
shall direct.

(13) The commissioner shall employ such agencies and employees
as the good of the service may in the opinion of the commission, re-
quire, and all such employees shall hold their positions at the pleasure
of the commissioner and subject to his orders.

(14) It shall be the duty of the Commissioner of Fisheries to
investigate from time to time any and all matters affecting the seafood
industry, and the commission shall have the authority to hear and
determine all questions arising out of the official acts of its employees,
and it shall be the duty of the commissioner to carry on investigations
relating to the migration, habits, and propagation of fish and shell-
fish in the tidal waters of this State; and for this purpose he may,
subject to the approval of the commission, employ such scientific and
other assistance as he may deem necessary.

(15) It shall be the duty of the commission to make an annual
report to the Governor, and a report to the General Assembly, at each
regular session. In said reports the amounts of revenue derived from
the fish and shellfish industries under the supervision of the com-
mission, and also the expenditures of said commission shall be plainly
set forth. The condition of the fish and shellfish industries under
the supervision of the commission shall be discussed, and such legisla-
tion as the commission may think advisable for the betterment, pro-
tection, and conservation of said industries shall be recommended. The
commission and commissioner, either or both, shall be required to make
such reports to the Governor at such times as the Governor shall direct.
Such recommendations to the Governor relative to legislation for the
advancement of the fish and shellfish industries shall be transmitted
by the Governor, together with his recommendations, to the Genera
Assembly at its next succeeding session.

(16) The commissioner shall study the subject of pollution a
reported by the State or Federal Health Department, and shall mak
report to the General Assembly of Virginia from time to time of sucl
recommendations as he may deem best for the prevention and cor.
rection of such pollution, or how the effects therefrom may be over:
come, in whole or in part.