Chap. 225,—An ACT to create the Board of Fisheries of Virginia, define its duties
2 a . ,
and fix the salary of its members.

Approved February 7, 1898.

1. Iie it enacted by the general assembly of Virginia, That the office

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duties and powers are vested in and imposed upon the board of fisheries
hereinafter created. ,

2. As soon as practicable after the passage of this act, it shall be the
duty of the governor to appoint five persons, to constitute and be known
as the board of fisheries of Virginia, whose term of office shall be four
years. Two of these appointees shall be versed in and have practical
knowledge of the oyster and fish industry, and shall be from the tide-
water section of the state; one of these two appointees shall be designated
and appointed by the governor as chairman and chief inspector, and
the other as secretary of said board, who shall be assistant inspector of
fisheries. The governor shall appoint the other three members on this
board from different sections of the state.

3. All members of said board shall be sworn into office in the presence
of the secretary of the commonwealth, who shall thereupon issue to
each of them a commission designating each as a member of the board
of fisheries of Virginia, and also designating the chairman and secretary,
each commission to bear the signature of the governor, be countersigned
by the secretary of the commonwealth and bear the seal of the state.
The chairman and secretary of the said board shall enter into bond in the
penalty of two thousand dollars, with sufficient surety, to be approved
by the governor payable and conditioned as required by section one hun-
dred and seventy-seven of the code of Virginia.

4. It shall be the duty of said board to establish an office or offices
in some convenient place in tidewater, and stated meetings shall be held
by said board as often as may seem advisable and necessary.

5. It shall be the duty of said board to see that all laws relating to
oystering, planting and cultivation of oysters and claims in the waters of
the state, and all laws relating to the catching and propagating of fish,
crabs and terrapin in the waters of this state are faithfully observed;
that all persons engaged in the oyster and fish industries are fully pro-
tected in all their respective rights.

6. It shall be the duty of this board to see that the laws are properly
enforced by inspectors for the collection of taxes, fines, rents and other
revenues due to the state from said industries, and to require of each in-
spector during the first ten days of every month a complete report of
collections during the preceding month, from any source under his super-
vision, giving in tabulated form and in detail for what and from whom said
collections are made, as well as a proper classification of said collections,
whether from taxes, fines, rents or other sources, accompanied by such
information in regard thereto as may be of service to the board in the
discharge of their duties. A duplicate of said report the inspector shall
also forward to the auditor of public accounts, accompanied by all rev-
enue collected during the preceding month. <A failure to furnish such
report and pay to the auditor of public accounts the revenue shown by
said report to have been collected for the preceding month, shall, at the
discretion of the board, subject such delinquent inspector to the penalty
of removal from office or be subjected to a fine of not less than twenty-
five dollars nor more than fifty dollars.

7. The auditor shall provide the board with necessary blank forms for
the use of the board and for the inspector’s reports, as may be required
in the execution of their duties.
S. It shall be the duty hereafter of said hoard to fill all vacancies oc-
curring in the oflice of oyster Inspector, to appoint additional inspectors as
the demands of the public interest may require; to abolish such oflices
When Unnecessary, and to remove any inspector from office for negli-
eenee, inetiicieney or malfeasance in ottice. Any inspector appointed
under this act shall qualify before the Judge of the county or corpora-
tion court of the county or corporation in which his district may be, by
taking the oath and entering into a bond with sufficient surety in’ the
penalty, payable and conditioned as required by law.

Q. The said board shall do and perform all other duties now imposed
by law oon the board of the Chesapeake and tributaries, and on the fish
COMMS SLOLLOT,

10. ‘The said board shall appoint the captains of steamers and vesxelx
uscd hw the state for the protec tion and ous arcing of Ov ster-beds of the
conmnonwerlth and to cntorce the oyster laws thereof, who shall be expe-
rieneed seamen acquainted with the waters of the Chesapeake bay and
its tributaries, one of whom shall be designated as eaptain-in-chief, and
allof whom shall hold their office at the will and pleasure of the board,
Rach captiin shall employ by the month the necessary crew of men for
each steamer or vessel, as the case may be, subject, however, to the ape
prowl of the board. The pay of the ¢ aptains and crew shi il he fixed

by the board, and the captain of each steamer or vessel shall forward to

the seeretary of the board during the tirst ten days of every month a
report of the services of his steamer or vessel for the preceding month,
and also a tabulated statement mn detail of the expenses ineurred during
the month, and such statement shall embrace, first, the pay of the crew,
viving name and salary of each many; second, food expenses; third, re-
pairs, fuel, and other meidental expenses of said steamer or vessel; and
any failure to furnish said report shall subject the delinquent captain to
suspension and forfeiture of pay during suspension, or absolute removal,
at the discretion of the board, and the captain shall co-operate in carry-
Ing out all the provisions of the oyster laws of this state, and especially
In protecting all citizens of Virginia in the exercise of their ovsterine
and fishing rights, subject to the orders of the captaimeim-chief. all of
whom shall be subject to the command of the governor as commiander-
In-ehief of the dand and naval forees: provided, however, nothing in
this act shall be construcd as removing any eaptamn of steamer or vesse
heretofore appomted under Jaws in force before the passage of this act,
but the same shall hold their office at the will and pleasure of the board
of fisheries,

1. The board shall have authority to supply ammunition, provisions
and fuel necessary for the use of the steamers, vessels, and their crews,
either by direct purchase or by letting the same, when practicable. to
the lowest bidder after due advertisement. It shall also have authority
to dismiss captains, or other employees on said steamers or vessels, and
appoint others in their stead, and shall license such armament and
ordinary repairs to be made io vessels, machinery and furniture as may
be necessary to keep them in serviceable condition, and see that the
steamers and vessels in their appointments are at all times kept clean
and otherwise in good serviceable condition.

12, The board shall baye authority to adopt rulesiand regulations for
police of the waters of the commonwealth by said steamers or vessels and
their commanders, and may remove any captain or other employee up-
on such steamer or vessel for any violation of such rules and rezulations,
and appoint and employ some other person in his place; it shall have
authority to require the captain-in-chicf of the oyster police, and through
him or his subordinates, to re port to it at any time and place, to enable
them to fully carry into exceution the provisions of this act, and to conv ey
and accompany it, or any one of said board on such tours of inspection as
mav be deemed necessary to the discharge of their duties. The board
shall take cognizance of all communications made to then by oyster in-
spectors or other officials relating to violations orevasions of the laws of
the state affecting said industries; to take such action as may be neces-

sary to correct the same under e sisting | aws, and to do any and all things
which in their Judsment may seem right and proper to protect the oyster
and fish industries, and all persons and property lawfully engaged
therein.

The salary of the churn an of suid board is hereby fixed at twelve
hundred dollars per vear; the salary of the secretary shall be fixed at
one thousand dollars. The remaining menibers of the board shall re-
ceive no salary beyond their expenses incurred in the performance of
their duties. The governor shall have power to remove any or all of
them for neglect of duty, misfeasance or malfeasance in’ office, and to
fill any vacaney or vacancies which may occur at any time in the board.

14. It shall he the duty of the secretary of the board, who shall also
be assistant chief inspector, to keep all accounts and records of the
board, to make all reports and returns for the board to the auditor of
pubhe accounts and to perform whatever duties may be required of him
baa clerical way or any other duty the chairman may require of linn as
assistant chief inspector, in addition to dus active participation as a
meme of the board.

All reeords or accounts in the office or offices of said board shall
he open at all times to the examination of the governor and auditor of
public accounts, or their accredited agents.

16. It shall be the duty of the chairman of said board to preside at
the regular meetings of the board, to call such special meetings as may
appear proper rand advis: ible, and to maintain a constant supervision of
the general industries under the care of this board.

It shall be the duty of this board to make an annual report to
the governor and a report to the general assembly whenever that body
convenes in regular session, in which shall be ‘plainly set forth the
amounts of revenue derived from the several industries embraced in
their supervision, and they shall recommend such legislation as in their
judgment and experience may be deemed advisable in the interest of
these industries and the revenues of the state to be derived therefrom.

18. To meet the necessary expenses of this board there shall be ap-
propriated annually the sum of four thousand dollars, or so much
thereof as may be necessary, out of the oyster fund of the state, which
shall include the salaries as provided by this act.

19. Section two thousand one hundred and fifty-seven of the code of
Virginia and all acts or parts of acts in conflict with this act shall be,
and the same are hereby, jrepealed.
2). Provided that no member of the said board of fisheries, nor anv
of the sub-inspectors, nor the captains of the oyster navy shall be en-
gaged (for market or profit) in the oyster industry either directly or in-
directly.

21. This act shall be in force from its passage.