CHAPTER 449

An Act to amend and reenact §§ 28-95 and 28-172.1 of the Code of Vir-
ginia, relating to regulations promulgated by the Commission of
Fisheries.

(H 542]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

1. That §§ 28-95 and 28-172.1 of the Code of Virginia be amended and
reenacted as follows:

§ 28-95. The Commission after public hearing may make such rules
and regulations, and at any time, modify the same, prohibiting or re-
stricting the taking or catching of fish and all shellfish or any one or more
of the aforesaid specified classes, or the method by which the same shall
be taken, the closing or opening of any specified area, for the taking or
catching of same, or any one or more of them, or any devices or methods
used in connection therewith, which rules and regulations shall have the
full force and effect of law; and any violation thereof is hereby declared
to be a misdemeanor and punishable as such. Before, however, such rules
and regulations shall be effective, they shall be posted by the oyster in-
spector or deputies in two or more public places in each inspection district
where applicable for at least ten days; and a certificate of such oyster
inspector or deputy showing that the same has been posted shall be con-
clusive evidence thereof; provided, however, that should the Commission,
in the exercise of the authority hereby given, by rule or regulation, so
prohibit or restrict the taking of fish or shellfish to such an extent that the
industry affected by such rule or regulation of necessity will have to sus-
pend operations, in that event the Commission shall suspend the enforce-
ment of such rule or regulation until the adjournment of the next General
Assembly of Virginia.

No rule shall hereafter be promulgated unless and until the express
terms of an information summary of the proposed rule has been published
by the Commission at least once in at least three newspapers published
in the Tidewater Section of the Commonwealth, or if the rule has only
local application, in the locality to which it applies, and a copy has been
filed in the office of the Division of Statutory Research and Drafting,
where it shall be subject to inspection during office hours by any person.
Such publication and filing must be not less than fifteen nor more than
thirty days prior to the day on which the public hearing on the proposal
ts to be held. The published notice shall include a statement of the time,
place and nature of the hearing and exact reference to the authority under
which the rule is proposed.

A public hearing shall be held by the Commission at the time and
place named in the notice required by this Section, and opportunity shall
be afforded all interested persons to be heard and to submit objections,
amendments, evidence and arguments. The rule may be adopted in the
form in which it was filed, or as amended at the hearing, provided the
amendments do not alter the main purpose of the rule.

The Commission of Fisheries may regulate the setting of any device
for the purpose of taking or catching fish as in their discretion is to the
best interests of the industry, and such regulation shall have the full
force and effect of law.

§ 28-172.1. Whenever, in the discretion of the Commission, the in-
terest of conservation and/or the crabbing industry so require, the Com-
mission may limit the taking or catching of crabs by any one boat in any
one day. Such regulation, upon becoming effective, shall have the full
force and effect of law and violation thereof is hereby declared to be a
misdemeanor. No such regulation shall be * adopted until * the Commis-
sioner has complied with the provisions of § 28-95.

_ Possession of crabs in excess of the amount provided by such regula-
tion shall be prima facie evidence of violation, provided, however, that the
provisions of this section shall not apply to crab buy boats.