CHAPTER 503

AN ACT to amend the Code of 1950 by adding two sections num-
bered 28-89.1 and 28-89.2 and to amend and reenact §§ 28-8,
28-45 and 28-47 of the Code of 1950, the new and amended
sections, respectively, relating to limits on taking fish in
certain waters, changing the boundaries of the area subject,
respectively, to the Commission of Game and Inland Fish-
eries and the Commission of Fisheries, minimum size limits
as to certain fish, and restrictions applicable to certain nets,
and to provide penalties for violations.

[ H 198 }

Approved April 7, 1950

Be it enacted by the General Assembly of Virginia:
1. That the Code of 1950 be amended by adding two sections
numbered 28-89.1 and 28-89.2, and that §§ 28-8, 28-45 and
28-47 of the Code of 1950 be amended and reenacted, the
amended and new sections being as follows:

§ 28-3. Establishment of jurisdictional boundaries of
commissions.—The Commission of Game and Inland Fisheries
and the Commission of Fisheries may establish the boundaries
in and over such of the waters below where the tide ebbs and
flows as they may agree upon, so as to give to the Commission
of Fisheries jurisdiction and authority over commercial fishing
in waters below such boundary lines, except for fish protected
by the inland fish laws, and all other jurisdiction and authority
over such waters shall be retained by the Commission of Game
and Inland Fisheries. The Commission of Fisheries may apply
its authority under the present law and make rules and regula-
tions for commercial fishing over waters below such boundary
lines as may be so agreed upon. Such Commissions may amend
or revise such agreement as may be adopted under the provi-
sions of this section; provided, that no such agreement may
affect the existing law requiring a license to fish by angling in
inland waters.

No change in the boundaries of the respective jurisdictions
of the two commissions shall be effective until approved by the
General Assembly.

§ 28-45. Size of fish that may be caught —lIt shall be un-
lawful to take, catch or have in possession any sturgeon less
than five feet in length; or any rock fish of less than twelve
inches in length or more than twenty-five pounds in weight; or
any trout less than nine inches in length: or any spot less than
six inches in length; or any bluefish less than eight 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 bass less than twelve inches in length; or any
red drum bass 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 mullets 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 starbutter
fish less than six inches in length; or any other butter fish less
than seven inches in length; or any roundhead 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 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 bream less than eight
inches in length; or any hickory shad or any other shad less
than ten inches in length; or any bullhead catfish less than nine
inches in length; or any mississippi or blue channel catfish less
than eleven inches in length; or any white channel catfish less
than ten inches in length. All such measurements are to be from
nose to tip of tail.

Any such fish caught by any person shall be at once re-
turned to the water; and in order that any such fish caught in
any fixed fishing device may be returned to the water alive, all
persons fishing such devices shall cull out and return to the
water all such fish as they are taken from the net and before
placing the same inside of their boat.
Whenever any fisherman or dealer is found to have as much
as ten per centum of the bulk of his catch under the minimum
size herein prescribed, he shall be deemed guilty of violating
the provisions of this section, except as to trout, in which case
any fisherman or dealer shall be deemed guilty of violating the
provisions of this section only when he is found to have as much
as ten per centum of the bulk of his catch under the minimum
size herein prescribed as to trout.

If any dealer offers for sale any fish under the sizes herein-
before stated, he shall be deemed guilty of violating the provi-
sions of this section.

§ 28-47. Net across more than one-fourth of width of
river, etc.—It shall be unlawful to set or fish any net or nets
across any river, bay, estuary, creek or inlet at the point where
such net is located for a greater distance across such river, bay,
estuary, creek or inlet from either shore than one-fourth the
width of such river, bay, estuary, creek or inlet; and the Com-
mission of Fisheries, where a question arises as to such distance,
or as to any net set too far from shore, or set so as to vitally
interfere with any net already set, or to vitally impede the run
of fish, or to seriously interfere with navigation in the waters
allowed by law, shall be empowered to determine the matter, and
have such net or nets removed if the Commission deems best.

§ 28-89.1. It shall be unlawful and constitute a misde-
meanor for any person to take or attempt to take fish between
the hours of twelve noon Saturday and twelve midnight the fol-
lowing Sunday by means of haul seines or drifts in the waters
of the rivers, creeks and inlets of the Commonwealth.

§ 28-89.2. It shall be unlawful and constitute a misde-
meanor for any person to take or attempt to take in the waters
of any river, creek or inlet of the Commonwealth any shad or
herring at any other time in any year later than the twenty-fifth
day of May; provided that the Commission may change the open-
ing date of such season as it deems proper.