Chap. 839.—An ACT to amend and re-enact section 2086 of the code of Virginia,
as amended and re-enacted by an act approved February 18, 1890, in relation to
fishing in the waters of the commonwealth of Virginia, to provide for levying a
tax on fishing devices, aud to provide for collecting the same.

Approved March 3, 1898.

1. Be it enacted by the general assembly of Virginia, That section two
thousand and eighty-six of the code of Vi irginia, in relation to license to
residents to fish with purse nets, pound neta, and so forth, as amended
and re-enacted by an act approved Fe ebruary eighteenth, eighteen hun-
dred and ninety, be amended and re-enacted so as to read as follows:

§ 2086. License of residents to fish with purse net, pound net, and so
forth, or for crabs; their oath; license tax required, amount to be paid;
how obt: ained; how tax collected, to be accounted for.—Anvy resident of
this state desiring to fish with a purse net, pound net, fyke net, weir, or
other fixed device, except a gill net or trot line, or haul seine hauled in
other manner than by hand, in any of the waters of this commonwealth,
shall apply to the ovster inspector of the district within which the per-
son so applying resides, and state on oath the true name of the person or
persons applying for such license, that they are and have been for the
twelve months next preceding residents of this state; the place at which
the net, seine, fyke, weir, or other fixed device is to be fished; and that
during the period of the license they will not violate any of the laws of
the state in relation to the taking and catching of fish. Such oyster in-
spector shall thereupon grant a license to use such net, fyke, weir, or
other fixed device, of any size mesh, or haul seine hauled in any other
manner than by hand, during any season of the year, and state in such
license the name or names of the person or persons who shall use the
same, the place at which it is to be located or used, the depth of water
to be used in, and the amount of tax as hereinafter provided: provided,
however, that it shall be lawful for a resident of this state to employ any
vessel or net owned within or without this state for the purpose of taking
and catching fish: provided that nothing in this act shall be construed to
permit fishing in portions of the York river prohibited by law, and in
seasons prohibited by law in said river: and provided, also, that nothing
in this act shall be construed to permit fishing in James river, Nanse-
mond river, Elizabeth river, Chickahominy river, or within one mile of
the mouth of either, or in the tributaries of either, in any manner or
with any net now prohibited by law; nor be so construed as to require
a license or impose a tax for the privilege of taking and catching fish by
any resident in any manner for the use of such resident or his family.
For granting such license the oyster inspector shall receive a fee of one
dollar from each person so applying, except where the license is to fish
in water of six to twelve feet deep, the inspector shall receive a fee of fifty
cents from the person so applying.

2. Every such resident who shall apply for such license to catch or
take fish from the waters of the commonwealth, in addition to the fee
of one dollar, shall pay to the ovster inspector of such district a specific
license tax, which shall be in lieu of all taxes levied upon such persons
for the taking and catching fish or for selling the products thereof, as
follows: On every sail vessel, fishing with purse net of not more than
four hundred meshes deep, five dollars; on every sail vessel, fishing with
purse net of more than four hundred meshes deep, twenty-five dollars;
on every steam vessel, fishing with purse net, one hundred dollara; on
every pound net, fyke, weir, or other fixed device, to be fished in water
of six to twelve feet deep, one dollar; on every pound net, fyke, weir,
or other fixed device, to be fished in water twelve to thirty feet deep, five
dollars; on every pound net, fyke, weir, or other fixed device, to be
fished in water more than thirty feet deep, ten dollars; depth of water
to be based upon measurements at mouth of main pound; on every haul
seine, hauled by windlass, horse or mule power, or other power than
hand or steam, five dollars; on every haul seine operated by steam
power, ten dollars.

3. Any resident of this state desiring to fish for crabs with scrapes in
any of the waters of the commonwealth, shall apply to the oyster in-
spector of the district within which the person so applying resides, and
state upon oath the true name of such person or persons 80 applying,
and that they are and have been for the twelve months next preceding
residents of this state. Such oyster inspector shall thereupon issue to
the person or persons so applying a license for the purpose of _taking or

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catching crabs, and the oyster inspector shall mark upon the starboard
bow of such person’s boat the number of such license in conspicuous
figures of not less than five-inches in length, preceded in all cases by the
number of the oyster district, and the letter C, example: 4C 1, 4C 2,
and so forth. For granting such license the oyster inspector shall re-
ceive a fee of fifty cents, in addition to which fee the person applying
for such license shall pay to the oyster inspector a specific license tax of
one dollar. .

4. The oyster inspector shall record in a book, to be kept in his office
for that purpose, the names of all persons obtaining license for fishing or
crabbing; the place at which the net, seine, fyke, weir, or other fixed de-
vice is to be used; the kind of net, seine, fy ke, weir, or other fixed de-
vice; the depth of water it is to be used in; the amount of license tax
paid, and the fines or other revenues accruing under this act; and it
shall be the duty of each and every oyster inspector to furnish the board
of fisheries with a monthly report of same. Each and every oyster in-
spector shall report to the board of fisheries or some commander of the
oveter navy the failure upon the part of any and all persons to conform
to the provisions of this act; and any such commander shall be, and is
hereby, empowered to arrest such person or persons so reported by an
ovater inspector, or who may be known to him as not conforming to the
provisions of this act, and carry him or them before some justice of the
peace; and upon conviction, such person or persons shall be fined not
less than twenty-five dollars nor more than two hundred dollars, to be
recovered according to law. If any oyster inspector knowingly fail to
report violations of this act, or to perform any of the duties herein re-
quired of him, he shall for every such «ffence forfeit one hundred dol-
lars. The money collected for license taxes or fines under this act shall
be paid over to the auditor of public accounts, and accounted for in the
general oyster fund of the state; but shall in nowise be considered a part
thereof, or in any way be used to defr: ay the expenses of said oyster
commission. And the board of fisheries shall make a separate report of
the subjects in this act, and the revenue derived therefrom, respectively.

5. Should there be no oyster inspector for the district within the ju-
risdiction where such fishing or crabbing is desired to be carried on, all
the duties devolving upon oyster inspectors under this act shall be per-
formed by the commissioner of the revenue for such county or district.
and such commissioner of the revenue shall be empowered to issue all
licenses in conformity with this act, to receive all fees and taxes herein
provided, and shall make such report, and be Hable to such penalties
for failure to perform the duties as are hereinbefore prescribed.

6. All acts and parts of acts in conflict with this act are hereby re-
pealed.

7 This act shall be in force from its passage.