Chap. 90.—An ACT to amend and re-enact section 3146 of the Code of Virginia
relating to the commissioner and commission of fisheries. [SB 131

Approved March 4, 1930

I. Be it enacted by the general assembly of Virginia, That sec.
tion thirty-one hundred and forty-six of the Code of Virginia, be
amended and re-enacted so as to read as follows:

Section 3146. A commissioner of fisheries shall be appointed by
the governor who shall hold office at the pleasure of the governor. The
commissioner shall receive a salary to be fixed by the governor no’
exceeding seven thousand five hundred dollars annually and payable
out of the appropriation made for the commission of fisheries.

The commissioner shall have full and complete responsibility for
the enforcement of laws relating to fish, oysters, clams, and other shell
fish. He is hereby authorized to appoint all of the officers and em-
ployees of the commission of fisheries including all inspectors and shall
have full control of all of the officers and employees of his department
including all inspectors excepting the associate commissioners. He shall
faithfully, impartially, and efficiently enforce all of the laws of this
State relating to fish, oysters, clams, and all other shell fish, and the
conservation thereof.

There is hereby created a commission of fisheries to consist of five
members, including the commissioner of fisheries who shall be the
chairman of the commission and four associate members appointed by
the governor who shall hold office at the pleasure of the governor. The
associate member shall exercise advisory powers only in the appoint-
ment of officers, inspectors and employees and as to law enforcement,
it being the intent of this section that the commissioner shall be wholly
responsible for the appointment and removal of all officers, inspectors
and employees of the commission and for law enforcement. The asso-
ciate members shall receive a per diem of ten dollars when actually
serving and actual traveling expenses incurred in attending the meetings
of the commission.

The commission shall meet on the call of the chairman at such times
as he may deem necessary. The commissioner and the associate mem-
bers shall take the oath prescribed by section thirty-four of the Consti-
tution before a court of record of any county or city wherein such
member resides. The commission of each member shall be forwarded
by the governor to the clerk of a court of record of the county or city
of which such member is a resident and shall be delivered to such mem-
ber on the taking of the oath and the giving of the bond prescribed
by this section. ;

From any decision of the commission, affecting the property rights
of any person, firm, or corporation, there shall be allowed an appeal,
1s a matter of right, to any circuit, corporation, or hustings court, hav-
ing jurisdiction over the subject matter of the controversy, such appeal
‘0 be taken within sixty days from the time of such decision by the
commission. Notice of such appeal shall be filed with the commissioner
within thirty days after such decision,
The commissioner shall enter into bond in the penalty of five thous-
and dollars and the associate members shall enter into bond in the pen-
alty of five hundred dollars, with surety to be approved by the gov-
ernor, payable and conditioned as required by section two hundred
and seventy-nine of the Code of Virginia.

It shall be the mandatory duty of the commission of fisheries to
investigate from time to time any and all matters affecting the sea food
industry and to report annually to the governor its recommendations
for such legislation as it may deem necessary for the advancement of
said industry; including what natural oyster rocks, beds and shoals of
this Commonwealth can be profitably repleted and at such other time
as the governor may require. |

The report called for in the one preceding section shall be trans-
mitted by the governor, together with his recommendations, to the
general assembly at its next succeeding session.