Chap. 464.—An ACT to amend and re-enact sub-sections 2, 6, 9, 10 and
13 of section 2086 of the Code of Virginia, as heretofore a B14 ,

Approved March 22, 1916.

1. Be it enacted by the general assembly of Virginia, That
subsections two, six, nine, ten and thirteen of section two thou-
sand and eighty-six of the Code of Virginia as heretofore
amended, be amended and re-enacted so as to read as follows:

Section 2086. License of residents to fish with purse nets,
pound nets, and so forth, or for crabs, scallops, or clams; can-
ning, packing, buying, or marketing fish roe, herring, crabs,
scallops or clams; their oath, license tax required; amount to
be paid; how obtained; how tax collected; the object thereof
to be accounted for; cull law for clams and certain fish; desig-
nation of certain nets and sizes of mesh; setting aside crabbing
and clamming grounds; penalties for same, and for concealing
boat’s name or number when operating under license for catch-
ing fish or shell fish; certain duties of inspectors and commis-
sioners of the revenue.

Subsection (2). Every such resident who shall apply for
license to catch or take fish from the waters of the Common-
wealth, or the waters within the jurisdiction of the Common-
wealth, in addition to the fee aforesaid, shall pay to the oyster
inspector of such district a specific license tax, which shall be
in lieu of all taxes levied upon such persons for taking and
catching fish, or for selling the product thereof, as follows: On
each sail vessel fishing with purse net of not more than four
hundred meshes deep, five dollars; on each sail vessel fishing
with purse net of more than four hundred meshes deep, twen-
ty-five dollars, on each steam vessel fishing with purse net, one
hundred dollars; on each power boat or over twenty-horse power
fishing with purse net, ten dollars; on each pound net, three
dollars; on each float or stake gill net of six hundred feet in
length and under, one dollar; and for every additional one hun-
dred feet or fraction thereof, twenty-five cents; on each thresh
net, or skirt net or similar device, one dollar; on each fyke net
head, weir, or similarly fixed device, one dollar, on each haul
seine, operated by motor boat power not exceed five-horse, or
by nand, for market or profit, three dollars; on each drift haul
net attended by motor boat exceeding five-horse power, twenty
dollars; but no steamboat shall be allowed to fish such net; on
each haul seine hauled by windlass, with horse or mule power,
or other power than hand or steam, twenty dollars; on each haul
seine operated by steam power, fifty dollars; on each sturgeon
gill net or trammel net, three dollars; on each sturgeon sweep
net or haul seine, twenty-five dollars; for every person not a
resident of the State of Virginia, catching blue fish by hand
line, two dollars, and an inspector’s fee of fifty cents; provided
no net of any kind shall be used for catching blue fish; and the
inspectors issuing said licenses shall furnish to the persons to
whom said licenses are issued a number or register mark to be
placed by the fishermen on their boats or fixed fishing devices.
The register mark or number shall be F. L. and the number of
the license issued and the number of the district. For example
“F. L. 1-1” showing that the holder thereof has fishing license
number one issued by the inspector of district number one.
The numbers and letters shall be not less than four inches in
height, and shall be stamped in black upon white board or can-
vas, and shall be furnished by the inspector to the party to
whom the license is granted; and if the license be for a fixed
fishing device the holder of said license shall fasten the said
register mark or number securely to one of the off-shore stakes
of the said fishing device; and if the license be for a haul seine,
dritt net, purse net or similar fishing device, the holder of said
license shall fasten said register mark or number securely on
the starboard prow os the boat used in fishing said device.

Sub-sec. (6). It shall be unlawful to take, catch or have in
possession any sturgeon less than four feet in length; or any
rock fish of less than ten inches in length; or any spot less
than six inches in length, or any blue fish less than eight inches
in length; or any bonito fish less than twenty inches in length;
or any croakers (grumblers) less than seven inches in length; or
any black drum less than twelve inches in length; or any red
drum less than twelve inches in length; or any hog fish less
than six inches in length; or any mackerel less than ten inches
in length; or any mullets less than six inches in length; or any
pompanos less than seven inches in length; or any porgie or moon
fish less than ten inches in length; or any round-head or sea
mullet less than seven inches in length; or any sea bass less than
five inches in length;-or any sheepshead less than twelve inches
in length; or any bay trout less than nine inches in length; or
any salmon trout less than ten inches in length; or any gray
trout (weak fish) less than nine inches in length; or any black
bass less than eight inches in length; or any mud shad less
then seven inches in length; or any white sand perch less
than five inches in length; or any yellow or ring perch less
than seven inches in length; or any blue nose perch Iess than
seven inches in length; or any bream less than eight inches in
length; or any hickory shad, or any other shad, less than ten
inches in length; all measurements to be from nose to tip of
tail. Any such fish caught by any person shall be at once re-
turned to the water; and in order that any such fish caught
in any fixed fishing device may be returned to the water alive,
all persons fishing such devices shall cull out and return to the
water all such fish as they are taken from the net and before
placing the same inside of their boat. And whenever any fish-
erman is found to have as much as five per centum of the bulk
of his catch, under the minimum sizes herein prescribed, he shall
be deemed guilty of violating the provisions of this act.
Sub-sec. (9). Any person violating any of the foregoing
provisions of this act shall be fined not less than twenty-five nor
more than one hundred dollars, or confined in jail not less than
ten days nor more than six months, except that any person to
whom a fishing license is granted, who shall fail to keep the
number or register mark displayed as provided in sub-section
two of this act shall be fined not less than ten nor more than one
hundred dollars. ]

Sub-sec. (10). It shall be unlawful to take, catch or round
up with a purse net for the purpose of manufacturing into guano
or oil food fish to the amount greater than one per centum of
the whole catch without immediately opening the net and turn-
ing loose any such food fish while yet alive; or for any steamer
or other vessel licensed for the purpose of menhaden fishing to
catch any food fish for the purpose of marketing same, or for
any person, firm or corporation to have in possession food fish
to a greater amount than one per centum of the bulk for the pur-
pose of manufacturing them into guano or oil; or for any per-
son to use in any manner any food fish to a greater amount than
one per centum of the bulk for the purpose of fertilizing or im-
proving the soil. Any person, firm or corporation violating any
provisions of this section, or having in their possession as much
as one per centum of food fish among menhaden caught for the
purpose of manufacturing into guano or oil, shall be fined not
less than one thousand dollars nor more than three thousand
dollars, and the license on such person’s boat or net shall be
revoked for the remainder of the season. |

Sub-sec. (13). Any resident of this State desiring to take
or catch crabs from the waters thereof by any of the means
hereinafter mentioned, or any person desiring to engage in the
business of buying or marketing crabs for pickling or canning
the same in any way, shall pay to the oyster inspector of the
district in which he resides, the following license tax and in-
spector’s fee: (1) for each person working on any boat in tak-
ing or catching soft crabs .with scrapes, or either hard or soft
crabs with nets, or trot lines, two dollars, and an inspector’s
fee of fifty cents; provided no steam or motor boat shall be used
in the taking or catching of soft crabs; (2) for each sail boat
to be used solely for the purpose of taking or catching hard
crabs with scrapes, or tongs and for each power boat under
thirty-two feet in length used solely for the purpose of taking
or catching hard crabs with scrapes or tongs, five dollars and
inspector’s fee of seventy-five cents; (3) for each power boat
over thirty-two feet in length used solely for the purpose of
taking or catching hard crabs with scrapes, twenty-five dollars
and an inspector’s fee of one dollar; (4) for each picking or
crating house, ten dollars and an inspector’s fee of one dollar;
(5) for each canning and packing house, twenty-five dollars and
an inspector’s fee of one dollar; (6) for each boat used in buy-
ing crabs, or for each person or firm engaged in marketing
hard crabs by barrel or crate, five dollars and an inspector’s fee
of fifty cents; provided, no person who is duly licensed to catch
crabs shall be required to procure further license for marketing
or shipping his own catch. But no scrapes or dredges shall be
used for catching hard crabs between the first day of May and
the first day of November of any year, nor shall it be lawful for
any person to dredge for crabs on any of the natural rocks of
this State, or to dredge for crabs or clams on any on the publie
grounds of this Commonwealth, from which clams are taken by
tongers using ordinary or patent tongs, nor shall any person
catch, take or have in possession at any time a hard crab, other
than one in the peeler stage, which shall measure less than five
inches across the shell from tip to tip of spike; nor shall any
person take, catch or have in possession during the months of
July and August of any year an egg bearing female crab, known
as “spawn crab’, “sponge crab’, “blooming female crab”, or
‘mother crab’, or such a female crab from which the egg pouch
or bunion has been removed.

In licensing persons for taking crabs, the oyster inspector
shall mark upon the starboard prow 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
oyster district and the letter “C”, and within the “‘C” the num-
ber of persons licenses on such boat; for example “4 C2 1”
means district number four, license number one, and two per-
sons licensed. Said numbers and letters shall be kept dis-
played during the crabbing season by the master of the boat.
No person shall be authorized under the provisions of this act
or otherwise, to locate or maintain any net or nets in the waters
of Hampton Roads adjacent to the county of Elizabeth City,
between Old Point Comfort and Newport News Point, at a dis-
tance of less than three hundred yards from any other stand
or stands, and all acts and parts of acts in conflict herewith be,
and the same are hereby, repealed. Any person failing to com-
ply with any of the provisions of this section, or in any way
violating the same, shall be fined not less than ten nor more than
two hundred dollars for each offense.