Chap. 668.—An ACT to amend and re-enact section 2086 of the code of Vir.
ginfa, as amended and re-enacted by an act approved February 18, 1890
as amended and re-enacted by an act approved March 3, 1898, in relatior
to fishing in the waters of the commonwealth, to provide for levying :
license tax on fishing devices and for the collection thereof. and to extent

the provisions of said act to all the waters within the jurisdiction of th
commonwealth.

Approved March 1, 1900.

1. Be it enacted by the general assemblv of Virginia, That sectior
two thousand and eighty-six of the eode of Virginia, in relation t
license to residents to fish with purse nets, pound nets, and so forth
as amended and re-enacted by an act approved Februarv eighteenth
eighteen hundred and ninety, and by an act approved March thirc
eighteen hundred and ninety-cight, be further amended and re-enacted
so as to read as follows:

§ 2086. License of residents to fish with purse nets, pound nets, and
so forth, or for crabs; their oath; license tax required; amount to be
paid; how obtained, how tax collected; the object thereof; to be ac-
counted for.—Any 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 hand line, or haul seine, hauled in other manner than by hand, in
any of the waters of this commonwealth or waters within the jurisdic-
tion of this commonwealth, shall apply to the oyster inspector of the
district or subdivision of the district within which the person so apply-
ing resides, and state on oath the true name or names of the person
or persons applying for such license, that they are and have been for
twelve months next preceding fesidents of this state, the place at which
the net, seine, fvke, 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 this state in relation to the taking and catching of fish. Such oyster
inspector 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 be located or used, the depth of water to
be used in, “and the season for which said license is granted, which
season shall begin on the first day of Februarv in any year, and end
on the thirty- first dav of January of the year following,” the amount
of tax as is 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 York river prohibited by law, and in seasons pro-
hibited by law in said river, and in seasons prohibited by Jaw in other
sections of the state: and provided also, that nothing in this act shall
be construed to permit fishing in James river, Nansemond river, Eliza-
beth river, Chickahominy river, or within one mile of the mouth of
either, or in the tributaries of either, or within one mile of the mouth
of iynhaven river in any manner or with any net now prohibited by
law; nor be 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 fifty cents from each person so
applying, and for each license granted, except where the license is to
fish in water of less than ten feet deep, the inspector shall receive
a fee of twenty-five cents from the person so applying for each license
granted.

2. Every such resident who shall apply for such license to catch
or take fish from the waters of the commonwealth, or the waters within
the jurisdiction of the commonwealth, in addition to the fee of fifty
cents shall pav to the oyster inspector of such district a specific license
tax which shall be in licu of all taxes levied upon such persons for
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 hun-

lo
dred 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 dollars; on
every pound net, fyke, weir, or other fixed device, to be fished in
water of ten feet deep or under, one dollar; over ten feet deep, and not
over fifteen feet deep, two dollars; over fifteen feet deep, and not over
twenty feet deep, three dollars; over twenty feet deep, and not over
twenty-five feet, five dollars; over twenty-five feet deep, and not over
thirty feet, six dollars; over thirty feet deep, ten dollars, depth of water
to be based upon measurements at mouth of main pound taken as
nearly as may be done at average or ordinary tide, and 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,
nets or other like devices in any of the waters of the commonwealth
shall apply to the ovster inspector of the district or subdivision of the
district within which the person so applving resides, and state upon
oath the true name or names of such person or persons so applying, and
that they are, and have been for 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 catching
crabs, and the oyster inspector shall mark upon the star-board prow
and foresail of such person’s boat the number of such license in con-
spicuous 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:
4+ C, one; 4 C, two, and so forth. For granting such license the oyster
inspector shall receive a fee of twenty-five cents for each license granted,
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 name of all persons obtaining license for fishing
or crabbing; the place at which the net, seine, fyke, weir or other fixed
device is to be used, the kind of net, seine, fvke, 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
inspector shall report to the board of fisheries, or some commander of
the oyster navy, the failure upon the part of any and all persons to con-
form 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 oyster inspector, or who shall be known to him as not conforming
to the provisions of this act, and carry him or them before somé justice
of the peace, or the county or corporation court, if in session, and upon
conviction, such person or persons shall be fined not less than twenty-
five nor more than two hundred dollars, to be recovered according to
lav. If any ovster inspector knowingly fails to report violations of
this act, or to perform any of the duties herein required of him, he
shall for every such offense forfeit one hundred dollars. The money
collected for license taxes under this act shall be applied to the support
of the government, but to be accounted for in the general oyster fund
of the state; 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
jurisdiction where such fishing or crabbing is desired to be carried on,
then the duties devolving upon oyster inspectors under this act shall
be performed 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 liable to such
penavties for failure to perform the duties as are hereinbefore pre-
scribed.

6. All acts and parts of acts in conflict with this act are hereby
repealed.

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