Chap. 232.—An ACT to amend and re-enact an act approved February 7,
1898, entitled: An act to create the board of fisheries of Virginia, and
define its duties and fix the salary of its members, as amended by acts
approved February 21, 1900, and February 15, 1901, respectively, so as to
change the name of said board, to increase salaries, define duties and provide
a fund for carrying out the provisions of this act.

Approved March 12, 1908.

1. Be it enacted by the general assembly of Virginia, That an act
approved February seventh, eighteen hundred and ninety-eight, entitled
“an act to create the board of fisheries of Virginia and define its duties
and fix the salary of its members,” as amended by acts approved re-
spectively February twenty-first, nineteen hundred, and February fif-
teenth, nineteen hundred and one, be amended and re-enacted so as to
read as follows:

2. The name of the board of fisheries of Virginia is hereby changed
to the commission of fisheries and the present members of said board’
of fisheries are hereby continued as members of the said commission of
fisheries until March first, nineteen hundred and ten, and the present
chairman of said board of fisheries is hereby designated as the com-
missioner of fisheries and chief inspector, and the secretary of said board
of fisheries as the secretary of the commission of fisheries and assistant
chief inspector; and as such said commission of fisheries, and said com-
missioner of fisheries and said secretary shall be vested with all the
powers and duties vested and imposed by this act; and on or before the
twenty-eighth day of February, nineteen hundred and ten, and every
four years thereafter, it shall be the duty of the governor to appoint five
persons, whose term of office shall be for four years from the first day
of March next succeeding their appointment; and said persons shall
constitute and be known as the commission of fisheries of Virginia, and
in any case where a notice or other process is to be served on said com-
mission of fisheries, service thereof on the commissioner of fisheries shall
be sufficient, and any acceptance of service or filing of answers or other
proceedings by the commissioner of fisheries in the name of such com-
mission of fisheries in any case in law or equity shall be equivalent to
such action by said commission of fisheries. Two of these appointees
shall be versed in and have practical knowledge of the oyster and fish
industries and shall be from the oyster producing section of the State;
one of whom shall be designated by the governor as commissioner of
fisheries, who shall be ex-officio chairman of the commission of fisheries
and chief inspector, and the other as secretary of said commission, who
shall be assistant chief inspector. The other three members shall be
from sections other than oyster producing sections of the State. 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 vacancy or
vacancies which may occur.

3. All members of this commission shall be sworn into office in the
presence of the secretary of the Commonwealth, who shall thereupon
issue to each of them a certificate designating each as a member of the
commission of fisheries and also designating the commissioner of fish-
eries and the secretary, each certificate to bear the signature of the gov-
ernor, and to be countersigned by the secretary of the Commonwealth,
and to bear the seal of the State. The commissioner of fisheries and
the secretary of the said commission shall each 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
hundred and seventy-seven of the Code of Virginia. The salary of the
commissioner of fisheries is hereby fixed at twenty-five hundred dollars,
and the salary of the secretary at eighteen hundred dollars per year.
The remaining members shall receive no salary, but shall be paid the
actual expenses incurred in the performance of their duties.
4. It shall be the duty of the said commission to establish an office or
offices in some convenient. place or places in tidewater, and meetings
shall be held by the commission as often as it may deem advisable. It
shall have authority to adopt rules and regulations for its own govern-
ment and that of inspectors and other employees and for the proper
enforcement of the provisions of this act. .

5. It shall be the duty of said commission to see that all laws relating
to fish, oysters, crabs, clams and terrapin, and other shell fish, are en-
forced and observed; and that all persons engaged in these industries
are fully protected in their respective rights. It shall also be the duty
of the commission to see that the oyster inspectors, police and other
employees, faithfully perform the duties prescribed for them by law,
and observe such rules and regulations as may be laid down by the com-
mission for their government. It shall be the duty of the commissioner
of fisheries to maintain a constant supervision of the industries under
the care of this commission. All inspectors and other employees in the
service shall be subject to the direction and control of the commission
over all their official acts.

6. It shall be the duty of said commission, on or before the thirtieth
day of April, nineteen hundred and eight, and every two years there-
after, to appoint for the counties, cities.and districts in which oysters
are caught or planted, one or more oyster inspectors, whose terms of
office shall begin on the first day of May next succeeding their appoint-
ment, and continue for two years; to fill all vacancies occurring in the
office of oyster inspector, and to appoint additional inspectors as de-
mands of the public interest may require, to abolish such office when
deemed advisable, or to consolidate two or more such offices into one,
and to remove any inspector from office for negligence, inefficiency, or
malfeasance in office, or for wilful failure to observe such rules and
regulations as may be laid down by the commission for their govern-
ment.

%. The said commission shall appoint the captains and crews of
steamers and vessels used in the oyster police service, and such surveyors
and other employees as the good of the service may require, and fix
their compensation, all of whom shall hold office at the will of the
commission. The vessels, captains and crews of said police service, and
other employees, shall be under the control of the commission, subject
to the orders of the governor as commander-in-chief of the land and
naval forces. The commission shall have authority to sell, exchange
or repair, any steamer or vessel belonging to said police fleet, and if
sold, to reinvest the proceeds of such sale in other boat or boats; pro-
vided, that the proceeds of any such sale may be used in addition to the
appropriations now authorized by law for the protection of oysters,
maintenance of steamers and vessels, for the purchase of any vessel or
vessels, but no expense in addition to the proceeds of any sale and the
amounts appropriated by law shall be incurred on account of such
investment without authority of the general assembly.

8. It shall be the duty of the commission to make an annual report
to the governor, a report to the general assembly at its regular session
and also a final report to the governor covering the period from the
first day of October next preceding to the expiration of their term of
office which shall be published as part of the first annual report of the
succeeding board, in which reports shall be plainly set forth the amounts
of revenue derived from the several industries under the supervision
of the commission, and also the expenditures of said commission and to
recommend such legislation as it may deem advisable. All records or
accounts in the office or offices of said commission shall be open at all
times to the examination of the governor and auditor of public accounts
or their accredited agents.

9. To meet the necessary expenses of this commission, and to provide
a fund for carrying out the provisions of this act, there shall be appro-
priated annually the sum of forty-five thousand dollars or so much
thereof as may be necessary, out of the oyster fund of the State, which
sum shall include all salaries, charges and expenditures provided by this
act or incurred by the commission in the discharge of its duties.

10. No member of the said commission of fisheries, nor any of the
inspectors, captains or.other employees shall be engaged (for market or
profit) in the oyster industry either directly or indirectly.

11. The auditor of public accounts shall provide the commission and
its employees with such printing, stationery and blank forms as may be
required in the performance of their duties and the necessary postage
and expressage in transmitting same.

12. An emergency existing therefor owing to the fact that the fiscal
vear for the said commission begins on March first, nineteen hundred
and eight, this act shall be in force on and after March first, nineteen
hundred and eight.