Chap. 392.—An ACT to empower the councils or other governing bodies of cities
and towns to release the liability and liens for interest, penalties and accrued
costs on unpaid taxes due such cities and towns for any year or years prior
to and including the year 1935 provided such taxes are paid within six months
after the effective date of this act. [H B 173]

Approved March 30, 1936

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. The councils or other governing bodies of cities and
towns are hereby empowered, in their discretion, to release all persons,
firms, associations and corporations from all liability, for interest,
penalties and accrued costs on any taxes due such cities and towns for
any year or years prior to and including the year nineteen hundred
and thirty-five, that are unpaid at the time the ordinance relieving same
goes into effect, provided such unpaid taxes are paid such cities and
towns within six months after the date this act shall be in force.
Section 2. That nothing in this act contained shall empower any
such council to release any liability for interest, penalties and accrued
costs on such unpaid taxes as are not paid within the six months
aforesaid.

Section 3. The provisions of this act shall not apply to any city
in the State having a population of not less than eight thousand five
hundred and not more than nine thousand according to United States
census of nineteen hundred and thirty, where said city is adjacent to,
and for practical purposes a part of a city geographically located in
two states.

Cuarv. 393—An ACT to revise, consolidate, amend and codify the fish and shell-
fish laws of Virginia and the laws relating to the Commission of Fisheries
and the Commissioner of Fisheries; to that end to repeal Chapters 126, 127
and 128 of the Code of Virginia and Sections 3146 to 3298, both inclusive, of
the Code of Virginia, and certain acts of the General Assembly, which chapters,
sections and acts relate to the Commission of Fisheries, its powers and duties,
the Commissioner of Fisheries, his powers and duties, and to fishing, fish and
shellfish; and to amend the Code of Virginia by adding thereto and inserting
therein in lieu of said chapters and sections so repealed, three new chapters
numbered Chapter 126, Chapter 127 and Chapter 128, and 130 new sections
numbered Sections 3146 to 3275, both inclusive, of the Code of Virginia,
relating to the Commission of Fisheries and the Commissioner of Fisheries;
fish and fishing; and to oysters and other shellfish, respectively. [H B 190]

Approved March 30, 1936

1. Be it enacted by the General Assembly of Virginia, That chap-
ters one hundred and twenty-six, one hundred and twenty-seven and
one hundred and twenty-eight, and sections thirty-one hundred and
forty-six to thirty-two hundred and ninety-eight, both inclusive, of the
Code of Virginia, as amended, and the same are hereby repealed.

2. Be it further enacted by the General Assembly of Virginia, That
the Code of Virginia be amended by adding thereto and inserting
therein in lieu of the chapters and sections herein repealed, three new
chapters numbered chapter one hundred and twenty-six, chapter one
hundred and twenty-seven, and chapter one hundred and twenty-eight,
and one hundred and thirty new sections numbered thirty-one hundred
and forty-six to thirty-two hundred and seventy-five, both inclusive,
of the Code of Virginia, relating to the Commission of Fisheries and
the Commissioner of Fisheries; fish and fishing ; and oysters and other
shellfish, respectively, which new chapters and new sections shall read
as follows:

CHAPTER 126

The Commission and Commissioner of Fisheries

Section 3146. Commission and Commissioner of Fisheries ; mem-
bers; oaths, powers and duties; reports——There is hereby created a
Commission of Fisheries, which shall be appointed by the Governor,
to hold office at the pleasure of the Governor for a term coincident
with that of each Governor making the appointments, or until their
successors shall be appointed and qualified, to consist of five members,
including the Commissioner of Fisheries, who shall be the chairman.
The Commissioner and the associate members shall take the oath
prescribed by section thirty-four of the Constitution before a court of
record of any county or city wherein such member resides. The com-
mission of each member shall be forwarded by the Governor to the
clerk of the court of record of the county or city of which such mem-
ber is a resident, and shall be delivered to such member on the taking
of the oath and the giving of the bond hereinafter prescribed.

2. The Commissioner shall enter into bond in the penalty of five
thousand dollars, and each associate member shall enter into bond in
the penalty of five hundred dollars, with surety to be approved by the
Governor, payable and conditioned as required by section two. seventy-
nine of the Code of Virginia.

(3) The Commissioner shall receive a salary to be fixed by the
Governor, not exceeding seven thousand five hundred dollars annually,
and payable out of the appropriation made for the Commission of
Fisheries. The associate members shall receive a per diem of ten
dollars when actually serving and actual traveling expenses incurred
in attending the meetings of the Commission.

(4) The Commissioner and the associate members shall jointly
exercise all of the powers herein conferred, except that it is the intent
of this section that the Commissioner shall, except as otherwise pro-
vided, be wholly responsible for the enforcement of the fish and shell-
fish laws and for the appointment and removal of all employees.

(5) The Commission shall meet on the call of the chairman at
such times as he may deem necessary, and at such places as he may
designate.

(6) At the direction, and with the approval of the Governor, the
Commissioner shall establish and equip a permanent office or offices in
some convenient place. All records in the office shall be open at all
times to the examination of the Governor, Auditor of Public Accounts,
or their accredited agents, or any interested person.

(7) The office of the Commission shall be kept open for the trans-
action of business throughout each year, in conformity with the rules
and regulations of the Commonwealth.

(8) The Commissioner is hereby authorized to appoint all of the
officers and employees of the Commission of Fisheries, including all
inspectors and police boat captains, and shall have full control of all
of the employees of his department, excepting the associate members.
He is hereby authorized to remove, with cause deemed sufficient by
him, such employees as may be necessary for the proper carrying on
of the work delegated to his supervision.

(9) The Commissioner shall faithfully, impartially, and efficiently
enforce all of the laws of this State relative to fish and shellfish in-
dustry in the tidewaters of the Commonwealth, or under the juris-
diction or under the joint jurisdiction of the Commonwealth, and shall
see that all laws relating to fish and shellfish are enforced and observed.
It shall also be the duty of the Commissioner to see that the employees
faithfully perform the duties prescribed for them by law, and observe
such rules and regulations as may be laid down by the Commission or
Commissioner for their government.

(10) The Commissioner with the approval of the Commission of
Fisheries is authorized to purchase or rent such boats, nets, and other
equipment as may be necessary to enable the Commissioner and his
assistants to perform the duties imposed on them by law; and the said
Commissioner is also authorized with the approval of the Commission
to sell, exchange, charter, lease, rent, or repair any boats or other
equipment belonging in the service; and in the case of sale or ex-
change, may re-invest the proceeds in another boat or boats, or
equipment.

(11) The Commission of Fisheries shall divide the territory over
which it has jurisdiction into districts, and in doing so it shall re-
district such territory with a view to reducing the number of inspection
districts to the smallest number, commensurate with the efficient en-
forcement of the fish and shellfish laws of this State. This power shall
be a continuing power and may be exercised at any time.

(12) All employees shall be required to make such reports to the
Commissioner at such times as the said Commissioner or Commission
shall direct.

(13) The Commissioner shall employ such agencies and employees
as the good of the service may in the opinion of the Commission,
require, and all such employees shall hold their positions at the pleasure
of the Commissioner and subject to his orders.

(14) It shall be the duty of the Commissioner of Fisheries to
investigate from time to time any and all matters affecting the seafood
industry, and the Commission shall have the authority to hear and
determine all questions arising out of the official acts of its employees,
and it shall be the duty of the Commissioner to carry on investigations
relating to the migration, habits, and propagation of fish and shellfish
in the tidal waters of this State; and for this purpose he may, subject
to the approval of the Commission, employ such scientific and other —
assistance as he may deem necessary.

(15) It shall be the duty of the Commission to make an annual
report to the Governor, and a report to the General Assembly, at each
regular session. In said reports the amounts of revenue derived from
the fish and shellfish industries under the supervision of the Com-
mission, and also the expenditures of said Commission shall be plainly
set forth. The condition of the fish and shellfish industries under the
supervision of the Commission shall be discussed, and such legisla-
tion as the Commission may think advisable for the betterment, pro-
tection, and conservation of said industries shall be recommended.
The Commission and Commissioner, either or both, shall be required
to make such reports to the Governor at such times as the Governor
shall direct. Such recommendations to the Governor relative to legis-
lation for the advancement of the fish and shellfish industries shall be
transmitted by the Governor, together with his recommendations, to
the General Assembly at its next succeeding session.
(16) The Commissioner shall study the subject of pollution as
reported by the State or Federal Health Department, and shall make
report to the General Assembly of Virginia from time to time of such
recommendations as he may deem best for the prevention and correc-
tion of such pollution, or how the effects therefrom may be overcome,
in syhole or in part (Sections 3146, 3147, 3148, 3149, 3150, 3151, 3153,
3154.)

Section 3147. Employment of civil engineer, and assistant civil
engineer; powers, duties and compensation of civil engineer.—The
Commissioner of Fisheries is hereby authorized and empowered to
appoint with the consent of the Commission a competent civil engineer
and also an assistant thereto, in the event the services of an assistant
should in the discretion of the said Commission, be necessary. The
said assistant civil engineer shall serve as an assistant to, said civil
engineer and under the juridiction and direction of, the Commissioner
of Fisheries.

Such civil engineer shall give his entire time to the discharge of his
duties, and shall receive as compensation for his services a sum not to
exceed three thousand dollars per annum. The compensation to be
paid the assistant, should one be appointed, shall be in the discretion
of the Commissioner, and in no event to exceed the sum of two
thousand dollars per annum. It shall be the duty of such civil engineer
to make, under the supervision of the Commissioner of Fisheries, a
re-survey of the Baylor survey within the State of Virginia, and to
make surveys of all oyster-planting grounds heretofore leased or
assigned by the State of Virginia, together with such other surveys
and re-surveys of natural oyster rocks and shoals as may be deemed
necessary and proper by the Commissioner of Fisheries. (1928: pp.
775,770).

Section 3148. Commission of Fisheries authorized to establish and
maintain fish hatcheries The Commission of Fisheries is authorized
to establish and maintain a hatchery or hatcheries for the propagation
of fish, and to cooperate with the United States Bureau of Fisheries in
said work, by furnishing to said Bureau fish eggs, roe, or spawn,
whenever in the opinion of said Commission it seems advisable and
the appropriation for the use of the said Commission is sufficient to
defray the expenses of said hatcheries or said work. (Section 3152.)

Section 3149, Inspectors and deputy inspectors ; their appointment,
qualifications, powers, and duties——(1) The Commissioner shall ap-
point for each of said districts one or more inspectors or deputy
inspectors, who shall hold office during the pleasure of the Commis-
sioner.

(2) Each inspector shall be required to devote his time exclusively
to the performance of his duties, and each inspector shall be paid for
such services a minimum basic salary of nine hundred dollars per
year, which may be supplemented by additional compensation in the
discretion of the Commissioner of Fisheries, not to exceed twenty-four
hundred dollars per year, including basic salary of nine hundred
dollars.
(3) Each inspector and each deputy inspector appointed by the
Commissioner of Fisheries shall qualify before the circuit or corpora-
tion court of the county or city in which his district may be, or before
the clerk thereof in vacation, by taking the oaths prescribed by law
and entering into a bond in a sum fixed by the Commissioner, with
sufficient cash or corporate surety to be approved by such court or
clerk, in the penalty not to exceed five thousand dollars nor to be less
than five hundred dollars, payable and conditioned as required by
law ; and the clerk of such court shall transmit a copy of said bond to
the Commissioner of Fisheries within thirty days from its execution.
The premium on every such bond shall be paid out of funds of the
Commission of Fisheries. A deputy inspector shall have the same
duties and perform the same powers as provided in the case of an
inspector.

(4) Each inspector shall collect all licenses, rentals, and other
sums due within his district, and any fines assessed by him or placed
in his hands by the proper officials for violations of the shellfish or
fish laws in any of the waters of the State or in any of the waters under
the jurisdiction of the State, and to enable him to collect the same,
together with the fees, he shall have the same powers which a county
treasurer has for the collection of taxes ; and when the lessee of oyster-
planting ground remains in default until December 6th of each year
in the payment of his annual rental, or any part thereof, the inspector
shall have the additional power to remove and sell a sufficient quantity
of shellfish from the leased ground to satisfy such rentals or taxes, and
all expenses incurred in removing or selling the same. The sale, of
said shellfish, to be made at public auction, any surplus remaining from
the proceeds of the sale of either bottoms or shellfish to be paid to
the lessee.

(5) Each inspector shall collect the following fees for services
herein enumerated in the issuance of licenses: One dollar for assigning
oyster-planting grounds ; two dollars for assigning of bathing grounds ;
fifty cents for issuing permits to buyers of seed, shucking, or barrel
oysters, to shucking house or to clam dealers; two dollars for making
sale where there is a default in ground rent, and such other fees as are
specified under other sections of the Code pertaining to fish, crabs,
clams, and other shellfish.

(6) Each inspector shall at such times as may be required of him,
make a complete report to the Commissioner of Fisheries of collections
during the preceding month from every source under his supervision,
according to the forms furnished him by order of the Commission.
accompanied by all revenues collected during the preceding calendar
month. The said inspector shall give receipts for all rents, fines, taxes,
and other sums collected by him only upon such blank forms as mav
be furnished him by the Commission, and shall keep accounts of all
such collections and records of all his official acts in books to be fur-
nished him by the Commission, which books and records shall be and
remain the property of the State, subject at all times to examination
by said Commission, or its agents, or attorneys, and be delivered to
such inspector’s successor in office, or to the Commission. (Section
3153.)

Section 3150. Arrest and seizure with or without warrant; by
whom; when and how made.—The Commissioner or any member of
the Commission of Fisheries, all inspectors and deputy inspectors,
police captains of boats, and other employees designated by the Com-
missioner in the service, shall have the power, with or without warrant,
to arrest any person or persons found violating any of the fish or
shellfish laws, and to seize any vessel, boat, craft, motor vehicle con-
veyance or other thing used in violating any of said laws, together
with the cargo of such vessel, boat, craft, motor vehicle conveyance,
or other thing, and they shall have the same authority as constables
have to summon the posse comitatus to aid them in making such arrest
and seizure. Any person so arrested may be carried before a trial
justice for trial, and any vessel, boat, craft, motor vehicle conveyance,
or other thing so seized when not liable to forfeiture to the Common-
wealth in proper proceedings may be held by the inspector or other
official who made the seizure, or in whose district the same was seized,
until the accused has paid the penalty of his offense if upon trial he is
found guilty, or has settled the amount agreed upon without trial, or
has upon trial been acquitted, as the case may be. (Section 3155.)

Section 3151. Authority of officer to compromise violations of fish
or shellfish laws in certain cases for not less than minimum fine and
costs.—Any person liable only for any fine for violation of any of the
fish or shellfish laws may pay the officer directly instrumental in
apprehending such person such sum as may be agreed upon between
such person and officer and all costs; for which the said officer shall
issue an official receipt ; and thereupon such person shall be discharged
from all legal proceedings that may be instituted against him for such
offense ; provided that the amount so agreed upon be not less than the
minimum fine imposed for such offense, any such agreement to be in
the nature of a compromise and not to be used as evidence in any
proceeding for such violation. (Section 3156.)

Section 3152. Power of the Commissioner of Fisheries and United
States Bureau of Fisheries to take fish or other marine organism from
the waters of Virginia for scientific purposes.——The Commission of
Fisheries, and the United States Bureau of Fisheries with the consent
of the Commission of Fisheries, may take or cause to be taken for
scientific purposes, or for fish culture, any fish or other marine or-
ganism at any time from the waters of Virginia, and may cause or
permit to be sold such fishes or parts of fishes so taken as may not be
necessary for purposes of scientific investigations or fish culture.
(Section 3157.)

Section 3153. Who to have no interest in fisheries; printing and
stationery—No member of the Commission of Fisheries, nor any of
the inspectors, captains, or other employees shall be engaged for
market or profit in any fish or shellfish industry in Virginia, either
directly or indirectly.

The Director of the Division of Purchase and Printing shall pro-
vide the Commission with such printing, stationery, and blank forms
as may be required in the performance of its duties. (Sections 3158 and
3159.)

Section 3154. Commission may re-establish, re-locate, and re-mark
all lines of the Baylor survey which cannot be otherwise re-located ;
procedure ; remedy of persons aggrieved by action of the Commission ;
evidence; Commission may close for certain periods oyster grounds
in need of rest or which it may cultivate—-The Commission of Fish-
eries is hereby empowered to re-establish, re-locate, and re-mark all
lines of the Baylor survey which cannot be otherwise re-located be-
cause of the loss or destruction of marks which heretofore existed. For
the purpose aforesaid, it shall have the right to employ surveyors, to
examine witnesses, and to make physical examinations of the grounds
to be resurveyed, after having first given notice of the time and place
of such hearing or examination, and of the ground or grounds, line or
lines to be re-located, re-established, or examined, by an advertisement
published once a week for two consecutive weeks in some newspaper
published in the county in which such ground or grounds, a line or
lines are situated, and by posting notices for at least two weeks at at
least five public places in and at the front door of the courthouse of, the
county or counties in which said line or lines are located. If no news-
paper is published in such county, then such notice shall be published
in a newspaper having general circulation in the county.

From any finding of said Commission re-locating or re-establishing
any such line or lines, ground or grounds, any five or more citizens of
the Commonwealth who think a mistake has been made in such re-
location may, by petition, filed within ninety (90) days from such
finding, to the circuit court of the county in which such ground is
situated, have a re-survey or a re-hearing; but the determination of
the said circuit court shall be final. Should the petitioners prevail the
cost of such re-hearing shall be borne by the State and paid out of the
oyster fund; but should such petitioners not prevail, the cost shall be
borne by them; and they shall, upon filing their petition, give a bond
in a penalty to be fixed by the court or the judge thereof in vacation,
conditioned to pay all costs that may be awarded against them; such
bond shall have sureties approved by the clerk of the court in which
such petition is filed.

When such ground or grounds, line or lines shall have been re-
established and re-located, the same shall be taken and accepted as con-
clusive evidence in all courts of the Commonwealth that the grounds
so ascertained to be natural oyster rocks, beds, or shoals are such;
and that all grounds lying outside of such boundaries are grounds
open to rental under the laws of this State. Plats shall be made under
the direction of the said Commission showing the re-establishment of
such lines, and shall be recorded in the appropriate clerk’s office.

Said Commission shall have authority to declare closed for certain
periods those public oyster grounds, or any part or parts of same,
which it decides should be given rest for recuperation, or upon which
the Commission deposits seeds or shells, or may otherwise cultivate,

(Section 3160.)
Section 3155. Definition of terms.—Whenever the word “fish,”
“fishes,” or “shellfish” is hereinbefore or hereinafter used, it shall be
construed to include porpoise, fishes, oysters, clams, scallops, mollusca,
crustaceans, terrapins, marine mammals, and all other seafood; and
whenever the word “fishing” or “fisheries” occurs, it shall be construed
to include all operations involved in using, setting, taking, catching,
or operating apparatus employed in killing, taking, or catching same,
or in transporting and preparing same for market. (Section 3161.)

Section 3156, What constitutes ‘Tidewater Virginia.”—Tidewater
Virginia, as hereinbefore or hereinafter used, is defined to embrace the
following counties, and cities situated therein, Accomac, Arlington,
Caroline, Charles City, Chesterfield, Elizabeth City, Essex, Fairfax,
Gloucester, Hanover, Henrico, Isle of Wight, James City, King George,
King and Queen, King William, Lancaster, Mathews, Middlesex,
Nansemond, New Kent, Norfolk, Northampton, Northumberland,
Prince William, Princess Anne, Richmond, Southampton, Stafford,
Sussex, Warwick, Westmoreland, York, Surry and Prince George.
(Section 3162.)

Section 3157. Duty of clerks.—On the first day of August of each
year, the clerk of the county in each county in which there is oyster-
planting ground shall make out and certify to the Commission of
Fisheries a list of all assignments of oyster-planting ground recorded
in his office during the twelve months preceding, giving the names of
the parties to whom assigned, the date of the assignment, and the
number of acres in each assignment. (Section 3165.)

CHAPTER 127
Fish and Fishing

Section 3158. License to residents to fish with certain nets; license
to catch fish to be manufactured into oil or fertilizer——Any resident of
this State desiring to take or catch fish with any device other than a
hand line in any of the tidal waters of this Commonwealth, or tidal
waters within the jurisdiction or under the joint jurisdiction of this
Commonwealth, shall make application in writing to the oyster in-
spector of the district within which the person so applying resides,
except that the applicant for license to fish with a fixed device shall
make application in writing to the oyster inspector of the district in
which the fixed device is proposed to be located, and state on oath the
true name or names of the person or persons applying for license, that
they are, and have been for twelve months next preceding, residents of
this State, the place at which the net, seine, fyke, weir, or other device
is to be fished; and that during the period of the license, which shall
be from the first day of January to the thirty-first day of December,
inclusive, of each year, they will not violate any of the laws of this
State in relation to the taking and catching of fish; (Section 3166.)

Section 3159. License to take fish with purse nets to be manufac-
tured into oil or manure; penalties for violations—Any person, firm,
or corporation entitled by law to fish in any of the waters of this
Commonwealth, or waters within the jurisdiction of this Common-
wealth, desiring to take or catch fish therein with purse nets for the
purpose of manufacturing the same into oil, fish scrap, fish meal, or
manure, or any other purpose shall first obtain a license therefor, and
shall pay to the oyster inspector a specific license tax, which shall be
in lieu of all taxes levied upon such person, firm or corporation for
taking and catching fish with purse net, or nets, or for selling the
product thereof, as follows: on each sail vessel fishing with purse net
of not more than four hundred meshes deep, fifteen dollars; on each
sail vessel fishing with purse net of more than four hundred meshes
deep, fifty dollars; on each power boat or steam vessel of over twenty
horse power fishing with purse net, one dollar per gross ton, provided
the minimum license shall not be less than one hundred dollars and the
maximum not more than two hundred dollars; on each power boat or
steam vessel of not over twenty horse power, fishing with purse net,
twenty-five dollars. Such oyster inspector shall thereupon grant a
license to use such net or other device, and state in such license the
name or names of the person or persons who shall use the same, and
the amount of tax as prescribed by law; and the term for which said
license is granted, shall begin on the first day of January in any year
and end on the thirty-first day of December of the same year; but it
shall be lawful for a resident of this State, except such persons, firms,
or corporations as may be engaged in the taking or catching of fish for
the purpose of manufacturing the same into oil, fish scrap, fish meal, or
manure, to employ any vessel or net owned within or without this
State for the purpose of taking and catching fish. Nothing in this
section shall be construed to permit fishing in rivers or other waters
prohibited by law, or in seasons prohibited by law,

Any person, firm, or corporation violating the provisions of this
section shall be fined not less than five hundred nor more than two
thousand dollars. And all purse nets, seines, vessels, steamers, or other
craft, and all fishing tackle, machinery, or other thing used by such
person, firm, or corporation in taking, or catching fish, or manufac-
turing them into oil, fish scrap, fish meal, or manure shall be forfeited
to the Commonwealth. (Section 3167.)

Section 3160. License tax for fishing; in tidal waters; amount; by
whom issued ; how register mark displayed—Every such resident who
shall apply for license to catch or take fish from the tidal waters of
the Commonwealth, or the waters within the jurisdiction of the Com-
monwealth, 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 pound net three dollars and fifty cents; on each float
or stake gill net of six hundred feet in length and under, two dollars;
and for each additional thirty feet or fraction thereof, ten cents; on
each thresh net, skirt net, or similar device, two dollars ; on each fyke
net head, weir, or similarly fixed device, one dollar and fifty cents; on
catfish or eel pots not exceeding five in number, one dollar and fifty
cents ; on each additional pot on the same license, ten cents; on each
fish trot line, one dollar and fifty cents; on each person using or oper-
ating a fish dip net, one dollar; on each haul seine operated by motor-
boat power not exceeding five horsepower, or by hand, five dollars; on
each drift haul net attended by motor boat or motor boats exceeding
five horsepower, thirty dollars and fifty cents; but no steamboat shall
be allowed to fish such drift haul net; on each haul seine hauled by
windlass, with horse- or mule-power, or other power than hand or
steam, thirty dollars and fifty cents; on each haul seine operated by
steam-power, seventy-six dollars ; on each sturgeon gill net or trammel
net, five dollars ; on each sturgeon sweep net or haul seine, thirty-eight
dollars ; and inspectors issuing said licenses shall furnish to the persons
to whom said licenses are issued a number or registration mark, to be
placed by the fishermen on their boats or fixed fishing devices. Pro-
vided, however, that it shall be unlawful for any person, firm, or
corporation to use, operate, set, or cause to be used, operated, or set any
such drift, or haul seine or combination of drift or haul seine exceeding
in length five hundred yards. 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, but said device may be moved at any time within the same
inspection district during the season for which the license therefor has
been secured with the approval in writing of the said inspector with-
out the payment of any additional license. If the license be for a haul
seine, drift net, purse net, or similar fishing device, the holder of said
license shall fasten said register mark or number securely at a con-
spicuous place on the starboard side of the boat used in fishing said
device. Provided, further, that the Commission of Fisheries shall have
power to establish a license commensurate with other licenses in an
amount not less than one dollar nor more than one hundred dollars for
any device used for taking fish or shellfish in the waters of the Com-
monwealth, or waters under the jurisdiction of the Commonwealth,
that is not mentioned in the above paragraph, and which has been
put in use.

Any person violating the provisions of this section shall be guilty
of a misdemeanor, and upon conviction thereof shall be punished by a
fine of not less than five dollars nor more than fifty dollars for each
offense, and in addition thereto shall forfeit such net or other fishing
device to the Commonwealth. The judgment of conviction shall, besides
imposing such a penalty, also direct the sale of the property forfeited,
which sale shall be made after ten days’ advertisement by the officer
seizing the same. It shall be the duty of the inspector to report any
violation under this section to the Commissioner of Fisheries, where-
upon the said Commissioner shall cause some one of the commanders
of the oyster police boats or vessels or any designated employee to
take possession of such net, seine, pot, or other device, and hold the
same subject to the order of the court. (Section 3168.)

Section 3161. License tax for salting, or buying herring, etc., for
market.—Every person, firm, or corporation salting or buying and
packing herring, or packing fish roe, for market or profit, shall pay a
license tax of eight dollars to the inspector. (Section 3170.)

Section 3162. Regulating size of mesh of certain nets; length and
depth of nets; power of Commission of Fisheries; what construed as
pound net.—It shall be unlawful for any person to use a pound net,
head, or pocket, or mullet net (that is under two hundred yards long)
having a smaller mesh than two inches, stretched measure, after having
been tarred, for the purpose of catching food fish. Nor shall any haul
seine or mullet net or combination thereof be longer than five hundred
yards in length; and if over two hundred yards long, shall not have
mesh less than three inches, stretched measure, and no mullet net shall
be deeper than forty meshes.

Any net having a funnel mouth, round mouth, or square mouth,
with head exposed above water, shall be construed as a pound net. A
haul seine is any net or combination of nets set out from the shore or
shallow water and immediately hauled in.

No haul seine shall be allowed to be anchored or attached in any
manner. (Section 3171.)

Section 3163. Regulating the size of fish that may be caught.—lIt
shall be unlawful to take, catch, or have in possession any sturgeon
less than five feet in length; or any rock fish of less than ten inches in
length; or any trout less than nine inches in length; or any spot less
than six inches in length; or any bluefish 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 bass less than twelve inches in length; or any red drum bass
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 star-butter fish less than six inches in length; or any
other butter fish less than seven inches in length; or any roundhead or
sea mullet less than seven inches in length; or any sea bass less than
five inches in length; or any sheephead less than twelve inches in
length ; or any black bass less than eight inches in length; or any mud
shad less than 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 less 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 measure-
ments to be from nose to tip of tail. Any such fish caught by any
person shall be at once returned 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 fisherman or
dealer is found to have as much as ten per centum of the bulk of his
catch under the minimum size herein prescribed, he shall be deemed
guilty of violating the provisions of this section, except as to trout, in
which case any fisherman or dealer shall be deemed guilty of violating
the provisions of this section only when he is found to have as much
as ten per centum of the bulk of his catch under the minimum size
herein prescribed as to trout. If any dealer offers for sale any fish
under the sizes hereinbefore stated, he shall be deemed guilty of violat-
ing the provisions of this section. (Section 3172.)

Section 3164. Restrictions on the right to set certain nets; certain
obstructions in Chesapeake Bay forbidden.—It shail be unlawful to
set or fish any pound net within the York River above a line drawn
from Clay Bank in the County of Gloucester to a point directly
opposite on the other side of the river, Poquoson River, Back River,
Chickahominy River, Elizabeth River, or Nansemond River, or any
other of the tributaries thereof; or in the James River above a straight
line drawn from Scotland Wharf in Surry county to Jamestown Wharf
on Jamestown Island, the boundary between Surry and James City
counties ; or to set pound nets within one mile from either side of the
mouth of the Lynnhaven River; or between the hours of sunset and
sunrise during any night, to set or fish any gill net or crab line in any
waters of Lynnhaven River. Any and all net stakes or poles driven
in the rivers or their tributaries allowed by the laws shall be with-
drawn by the owner when no longer in actual use for fishing purposes.

No person shall plant oysters or place stakes or other obstructions
in the Chesapeake Bay within half a mile of the shore between Cape
Henry and the Norfolk county line where a seine is licensed to be laid
out, set, or hauled. Nor shall any person operate any device for taking
clams within three-quarters of a mile of the shore lying between Lynn-
haven Inlet and Willoughby Spit pier in Norfolk county, (Section
J173:)

Section 3165. Pound nets on streams bordering on the Chesapeake
Bay.—It shall be unlawful to set or fish any net or nets across any
river, bay, estuary, creek or inlet at the point where such net is located
for a greater distance across such river, bay, estuary, creek or inlet
from either shore than one-fourth the width of such river, bay,
estuary, creek or inlet; and the Commission of Fisheries, where a
question arises as to such distance, or as to any net set too far from
shore, or set so as to vitally interfere with any net already set, or
to vitally impede the run of fish, or to seriously interfere with naviga-
tion in the waters allowed by law, shall be empowered to deter-
mine the matter, and have such net or nets removed if the Commission
deems best. (Section 3174.)

Section 3166. Penalties for violating any of the provisions of seven
preceding sections.—Any person violating any of the provisions of the
five preceding sections 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 either or both; 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 section thirty-one hundred
and sixty, shall be fined not less than ten nor more than one hundred
dollars. (Section 3175.)

Section 3167. Food fish not to be taken, bought or sold for manu-
facture into guano, fish meal, or oil; percentage allowable; penalty.—
It shall be unlawful to take, catch, or round up with purse net for the
purpose of manufacturing into guano, fish meal, or oil, or buying or
selling for such purpose, food fish to the amount greater than one per
cent 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 its possession food fish to a greater amount
than one per centum of the bulk for the purpose of manufacturing them
into guano, fish meal, or oil; or for any person 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 improving the soil. Any person, firm, or
corporation violating any provision 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, fish meal, or oil,
or to buy or sell same for such purpose, 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. (Section 3176.)

Section 3168. Penalty for concealing number of vessel while fish-
ing under license; carrying patent tongs, etc., while fishing for men-
haden.—lf any captain, master, or owner cover or conceal, or permit to
be covered or concealed, the name or number of any vessel while
operating under license granted for the catching, or taking, or con-
veying of fish, oysters, clams, scallops, or crabs, or shall carry or
permit to be carried aboard his vessel when employed in fishing for
menhaden any scrape, dredge, or patent tongs, he shall upon conviction
thereof be guilty of a misdemeanor, and he shall be fined not less than
ten nor more than one hundred dollars. (Section 3177.)

Section 3169. It shall be unlawful for any person, firm or corpora-
tion to operate, for the purpose of taking or catching fish, a troll or
trawl net, drag net, or similar device drawn through the waters by a
vessel, boat, or other craft in any waters of the Commonwealth, or
waters under the joint jurisdiction of the Commonwealth, except a
regular licensed haul seine, authorized by law; or to buy, sell, or offer
for sale any fish taken or caught in the waters of the Commonwealth,
or under the joint jurisdiction of the Commonwealth, with a troll or
trawl net, drag net, or similar device. The finding of any vessel, boat,
or other craft in the waters of the Commonwealth, or in the waters
under the joint jurisdiction of the Commonwealth, equipped for troll-
ing, or trawling, having a trawl net, drag net, or a similar device
aboard with fresh or live fish on deck or in the hold thereof, or in any
portion of the said vessel, boat, or craft, shall be prima facie evidence
that the operator or operators and master and members of the crew of
the said vessel, boat or other craft are guilty of trolling or trawling.
Provided that no vessel, boat, or other craft shall have a license for
any other net or fishing device granted to be used or employed on a
boat equipped for trawling, and having thereon a trawl net, except as
hereinafter provided.

It shall be lawful to catch fish within the three-mile limit with a
trawl net or similar device south of a line drawn from Cape Henry
Lighthouse to a point now defined by the mid-channel whistling buoy
(lying about four and one-half miles east of Cape Henry) down to
the North Carolina State Line. Provided, however, that no trawling
will be permitted in that part of the above area (three mile limit)
extending from Cape Henry Lighthouse to Coast Guard station number
one hundred and sixty-three about ten miles south of that lighthouse
and running thence north seventy-eight degrees to the margin of the
three mile limit during the months of February, March, April and
May of any year.

The Commission of Fisheries is hereby empowered to change the
time or revoke the privilege to trawl in the area or any part thereof
described in the next preceding paragraph at any time when, in their
opinion, public interest demands it.

A license to fish in the above area with a trawl net or similar device
will be granted upon payment of a fee of twenty-five dollars per annum
for each boat so employed, and no part of this fee will be refunded
should the area be closed at the order of the Commissioner of
Fisheries.

Any person violating the provisions of this section shall be fined
for the first offense not less than two hundred dollars nor more than
one thousand dollars, or imprisoned in jail not less than one month
nor more than twelve months, either or both, in the discretion of the
court or jury trying the case; and for any subsequent conviction, shall
be fined not less than five hundred dollars nor more than one thousand
dollars or imprisoned in jail not less than six months nor more than
twelve months, either or both in the discretion of the court or jury
trying the case. Any vessel, boat or other craft, her tackle, apparel,
anchors, cables, sails, rigging and appurtenances and any troll net or
similar device used in the violation of any of the provisions of this
section shall together with the cargo of such vessel, boat or craft be
forfeited to the Commonwealth of Virginia, such forfeiture to be
enforced under the provisions of chapter one hundred and thirty-one
of the Code of Virginia and acts amendatory thereof. Any property
seized under authority of this act shall be held to await the proceedings
by information prescribed by chapter one hundred and thirty-one; and
upon such seizure being made, the officer or other person making the
same shall forthwith give notice thereof to the Commonwealth’s
Attorney whose duty it is to file such information.

Provided that nothing in this act shall be construed as prohibiting
the transportation of fish caught by means of a troll or trawl net
outside of the territorial limits of Virginia and troll or trawl nets used
incident thereto, into Virginia ports to be placed upon the market.
Section 3170, Keeping open ways for shad to deposit spawn ; meet-
ings to be held by the Commissioner of Fisheries—For the protection
of fish, and in order to permit them to reach the localities in the rivers
of the State in which shad deposit their spawn, the Commissioner of
Fisheries is directed to designate, define, or have marked by suitable
buoys or stakes whenever said buoys or stakes may be advisable, con-
tinuous passages or ways from the ocean, through the waters of the
Chesapeake Bay, to and up the rivers of the State through said spawn-
. ing localities, which said passages or ways shall be kept open and
unobstructed by any fixed fishing devices; and the said commissioner
shall also designate, define, or have marked by suitable buoys or
stakes whenever said buoys or stakes may be advisable, the said spawn-
ing localities in said rivers.

The said passages or ways from the deep waters of the Chesapeake
Bay to the mouth of any river shall be at least one-half as wide as the
mouth of said river; and in any river, creek, or estuary, said passages
or ways shall be at Teast half the width of said rivers at the point a
net is placed.

The said Commissioner, before designating, defining, or marking
said passages or ways and said spawning areas, shall hold meetings at
convenient places in Tidewater Virginia for the purpose of hearing
and considering all interests which may be affected by the action of
said Commissioner under the authority hereby conferred. The time
and place of said meetings shall be properly advertised, and the con-
clusions of the said Commissioner in designating, defining, or marking
said passages or ways and said spawning localities shall be final and
published and placed in the hands of the various oyster inspectors for
distribution. (Section 3179.)

Section 3171. Unlawful to fish in open ways, or with certain seines ;
penalties —lIt shall be unlawful to fish with any fixed device in any
of the passages or ways which shall have been designated, defined, or
marked as hereinbefore provided, and it shall also be unlawful to fish
during the spawning season with any haul seine over three hundred
feet in length in any of the spawning localities which shall have been
designated, defined or marked as hereinbefore provided. Any person
violating either provision of this section 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, either or both, and any
net or seine used in violating either of the provisions of this section
shall upon the conviction of the offender be forfeited to the State and
sold after ten days’ advertisement, and the proceeds accounted for as
provided for by section thirty-one hundred and sixty.

It shall be the duty of all oyster inspectors and oyster police to
report any violations of the provisions of this section to the Com-
mission of Fisheries, whereupon, the said Commission or Commis-
sioner shall cause some one of the oyster police officials to take up
and remove any such net or fixed fishing device. (Section 3180.)

Section 3172. Unlawful to place or maintain haul seine or thresh
net within five hundred yards of the mouth of creek or inlet in the
county of Middlesex.—It shall be unlawful for any person, firm, cor-
poration or association to place, use or maintain any haul seine or
thresh net within five hundred yards of the mouth of any creek or
inlet in the county of Middlesex.

2. Any person violating the provisions of this section shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than twenty-five nor more than one hundred dollars for
each violation, and each day any such haul seine or thresh net is used
or maintained shall constitute a separate violation. (Chapter 75, 1928
p. 337.)

Section 3173. Prescribing time for catching shad.—It shall be un-
lawful for any person or persons to take or catch from any waters of
the Commonwealth or from the Potomac River any white shad, or
have in their possession any white shad so caught, between the first
day of June and the fifteenth day of October of any year; provided,
however, that during the month of June of each year shad may be
taken in the Nottoway River with dip nets for personal use only, and
no permit or license shall be required for such purpose.

Any person violating any provision 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, either or both.
(Section 3180a.)

Section 3174. Unlawful fishing within regularly hauled fishing
landings.—No person shall haul, drift, or fish any seine, or set any
gill net, pound net, or fixed device of any kind within the waters,
bounds, or berth of any regularly hauled fishing landing, or opposite
to and within a quarter of a mile of any part of the shore of the
owner of any such fishery. (Section 3182.)

Section 3175. Closed season for menhaden fishing ; forbidden nets ;
penalty.—It shall be unlawful for any person, firm, or corporation to
take or catch in the waters of the Commonwealth of Virginia, or
waters within the jurisdiction of the Commonwealth of Virginia, men-
haden fish to be manufactured into oil, fish scrap, fish meal, or manure
between the first day of December and the last Monday in May of each
year; and it shall also be unlawful for any person, firm or corporation
to use, in the waters of the Commonwealth, or waters within the juris-
diction of the Commonwealth of Virginia, for the purpose of taking
or catching menhaden fish to be manufactured into oil, fish scrap,
fish meal, or manure, any purse net or other net having, when manu-
factured, made, or knit, a stretched mesh less than one and three-
quarter inches.

Any person, firm, or corporation violating any of the provisions of
this section shall be deemed guilty of a misdemeanor, and upon con-
viction thereof shall be punished by a fine of not less than five hundred
dollars nor more than one thousand dollars for each offense. (Section
3185.)

Section 3176. Nonresidents not allowed to catch fish for oil or
manure.—No nonresident of this State shall take or catch any fish in
the waters of the Commonwealth of Virginia, or in the waters under
the joint jurisdiction of the Commonwealth, for the purpose of con-
verting the same into oil, fish scrap, fish meal, or manure; nor shall any
nonresident be concerned or interested with any resident as partner or
otherwise, except as a stockholder in a domestic corporation, in taking
or catching fish in any of the waters of this State to be manufactured
into oil, fish scrap, fish meal, or manure, or in such manufacture. Nor
shall any resident of this State be concerned or interested with any
nonresident as partner or otherwise, except as stockholder, in a
domestic corporation in taking or catching fish in any of the waters
of this State to be manufactured into oil, fish scrap, fish meal, or
manure, or in such manufacture, or knowingly permit any nonresident
to use his name for either purpose.

Any person violating any of the provisions of this section shall be
fined not less than five hundred dollars nor more than two thousand
dollars, and all his interests in the vessel, boat, or craft, and in all
purse nets, seins, fishing tackle, machinery, or other things used in
taking or catching fish or manufacturing them into oil, fish scrap, fish
meal, or manure, shall be forfeited to the Commonwealth. (Section
3184.)

Section 3177, License required for persons, firms, or corporations
to catch fish to be manufactured into oil, fish scrap, fish meal, or
manure; application for license; what persons, firms, or corporations
may obtain license; their oaths——Every person, firm, or corporation
owning a purse net, seine, or vessel of any description to be engaged
in catching fish in any of the waters of this Commonwealth, or waters
within the jurisdiction of this Commonwealth, to be manufactured into
oil, fish scrap, fish meal, or manure, shall first obtain from the circuit
court of the county in which the factory where such are to be manu-
factured is located; or in case of a domestic corporation, where its
principal office is located ; or from the judge of such court in vacation,
a certificate authorizing such a person, firm, or corporation to obtain
from the oyster inspector of the district wherein such principal office
is located, a license to take and catch fish within the waters of this
Commonwealth, or waters within the jurisdiction of this Common-
wealth, for the purpose aforesaid. If it be a corporation applying for
such certificate, such application shall be made by an officer or one of
the directors of such corporation. Before granting such certificate,
the court, or judge thereof in vacation, shall require the person or
persons applying for the same to disclose on oath:

(1) The true name or names of the person or persons, firm, or
corporation owning the purse net, seine, vessel, or water craft, and
all the apparatus thereunto belonging, for which license to take and
catch fish in the waters aforesaid is desired; and if it be a firm, the
true names of all the members of such firm; and if a corporation,
whether the same be a domestic or foreign corporation.

(2) That all such persons and firm members are, and have been for
twelve months next preceding, bona fide residents of the State of Vir-
ginia.

(3) The name of each and every vessel, steamer, or other water
craft for which license to take and catch fish for the purposes aforesaid
is desired.

(4) That the owners of such purse net, seine, vessel, or other water
craft will not be concerned or interested with any non-resident of this
State, except as stockholders in domestic corporations, in taking or
catching fish in the waters of this Commonwealth, or waters within
the jurisdiction of this Commonwealth, for the purpose of manu-
facturing the same into oil, fish scrap, fish meal, or manure, or in such
manufacture.

(5) That the nets or vessels of any description thus to be em-
ployed and for which license or licenses is, or are, desired, are not held
by contract of hire, charter, or other agreement, with the intention to
return the same at any subsequent time to any nonresident person,
firm, or corporation.

(6) The place where the factory which is to manufacture the fish
so taken and caught into oil, fish scrap, fish meal, or manure is located ;
and in the case of a corporation, where its principal office is located.

(7) That during the period of the license, the owners of the purse
net, seine, vessel, or other water craft so to be employed will not
violate any of the laws of this State in regard to the taking and
catching of fish in the waters thereof. (Section 3187.)

Section 3178. How application for license contested ; court or judge
to be fully satisfied that applicant has complied with the law; certifi-
cate-—Any person interested in the taking and catching of fish to be
manufactured into oil, fish scrap, fish meal, or manure, or in such
manufacture may enter himself a party defendant to such application,
and may oppose the granting of such certificate, in which case the
court, or judge thereof in vacation, shall hear evidence for and against
the same. No such application shall be made before the judge of any
court in vacation until such notice that such application will be made
shall have been posted for at least ten days prior thereto at three or
more public places in the county in which the factory is to manufacture
such fish into oil, fish scrap, fish meal, or manure as aforesaid is
located. All such notices shall be posted in a conspicuous place, and
state the time and place of the intended application. Upon the hearing
of such application, if the court, or judge thereof in vacation, shall be
fully satisfied that the person or persons owning such purse net, seine,
vessel, steamer, or other water craft for which license is desired, have
all been bona-fide residents of the State of Virginia for at least twelve
months next preceding the time of the application; and if the owner
be a firm, that all the members of such firm have been bona-fide resi-
dents of this State for a period above-mentioned ; that all purse nets,
seines, vessels, steamers, or other water craft, and all apparatus there-
unto belonging, for which license or licenses is or are desired, are
owned exclusively by such bona-fide residents of the State of Virginia,
and that no nonresident of the State of Virginia or person who has
not resided in this State for at least twelve months next preceding is
concerned or interested with the applicant, either as a partner or other-
wise, except as a stockholder in a domestic corporation, in the taking
or catching of fish in any of the waters of this State to be manu-
factured into oil, fish scrap, fish meal, or manure, or in such manu-
facture ; that the factory at which such fish are to be so manufactured
is owned and controlled exclusively by bona-fide residents of this State,
and that no person who has not been a bona-fide resident of this State
for at least twelve months preceding is concerned or interested therein,
as partner or otherwise, except as a stockholder in a domestic cor-
poration ; that the seine, purse net, vessel, steamer, or other water craft
for which license is desired is not held by contract of hire, charter, or
other agreement, with the intention to return the same at any subse-
quent time to any nonresident person, firm, or corporation; that all
the disclosures required by the preceding section be made under the
oath of the person making such application are true; and that none of
the laws of this State designed to prohibit nonresidents from fishing,
or being interested in the taking or catching of fish in the waters
thereof to be manufactured into oil, fish scrap, fish meal, or manure,
or in such manufacture, will be violated or evaded by the granting of
such license, then the said court, or judge thereof in vacation, shall
grant a certificate to the owner of such purse net, seine, vessel, steamer,
or other water craft, authorizing the oyster inspector mentioned in
section thirty-one hundred and seventy-seven to issue to said owner a
license for each of the purse nets, seines, vessels, steamers, or other
water craft for which license is desired and which is entitled to be
licensed. Nonresidents may be stockholders in domestic corporations
authorized to take and catch fish to be manufactured into oil, fish
scrap, fish meal, or manure, and to engage in such manufacture.
(Section 3188.)

Section 3179. When inspector to issue license ; what license to state ;
nonresident commanders ; substitution of other vessel for one disabled.
—Upon the presentation of said certificate, the oyster inspector of the
district aforesaid shall issue to said owner a license for each of the
purse nets, seines, vessels, steamers, or other water craft for which he
is authorized by said certificate to issue license, according to the pro-
visions of section thirty-one hundred and sixty, which license shall
state the name of the owner and the name of the vessel, steamer, or
other craft so licensed; but nothing herein shall be construed to pre-
vent the owner of the seine, purse net, vessel, steamer, or other craft
so licensed as aforesaid from employing any nonresident to command
or work said seine, purse net, vessel, steamer, or other craft; and if
any vessel, steamer, or other water craft so licensed as aforesaid be-
comes disabled for use during the period of such license, the owner
thereof may, with the consent of the court, or judge thereof in vacation,
granting such certificate, hire or charter a vessel, steamer, or other
craft belonging to a nonresident to take the place of the one so dis-
abled for the unexpired period of such license; in which case, the oyster
inspector shall transfer the license issued for the disabled vessel,
steamer, or other craft to the one so hired or chartered without re-
quiring any additional license therefor, for which transfer the fee
shall be one dollar. (Section 3189.)
Section 3180. Penalty for violating any provision of the three
preceding sections.—If any person, firm, or corporation use or employ
any purse net, seine, vessel, steamer, or other craft for the purpose
of taking and catching fish in the waters of this Commonwealth, or
in the waters within the jurisdiction of this Commonwealth, or waters
under the joint jurisdiction of this Commonwealth, to be manufactured
into oil, fish scrap, fish meal, or manure, or permit the same to be
used or employed by another for such purposes, without first obtaining
a license therefor as hereinbefore provided; or if any person swear
falsely in making application for the certificate aforesaid, or otherwise
violate any of the provisions of the three preceding sections, such
persons, firm, or corporation shall be fined not less than five hundred
dollars and not exceeding two thousand dollars, and all purse nets,
seines, vessels, steamers, or other craft, and all fishing tackle, machin-
ery, or other thing used by such persons, firm, or corporation in taking
or catching fish, or manufacturing them into oil, fish scrap, fish meal,
or manure shall be forfeited to the Commonwealth. (Section 3190.)

Section 3181. Marking of boats, nets, and other devices.—It shall
be the duty of the Commission of Fisheries to provide metal plates or
tags, of such design or designs, with such letters and figures stamped
or painted thereon, as may be deemed proper by the Commission of
Fisheries, for the marking or designation of all boats used in taking
and catching fish or shellfish in the tidal waters of the State, and for
the marking of all haul seines, pound nets, fyke nets, purse nets, drag
nets, and other devices for the taking of fish in the tidal waters of this
State. Such metal plates or tags shall be furnished by the Commission
of Fisheries to the various oyster inspectors of this State, who shall
furnish the same to the owners and operators of every boat used and
employed in the taking of fish or shellfish in the tidal waters of this
State, and the same shall thereupon be attached by the owner or
operator of such boat to such boat, in such a position thereon as may
be designated by the Commission of Fisheries as the proper place to
display said metal plate or tag, when same cannot be attached to the
device. It shall also be the duty of each oyster inspector, when issuing
a license to any person to operate or set a pound net, fyke net, gill net,
or other device for the taking of fish, to furnish such licensee with a
metal disc or tag, which such licensee shall display upon such part of
such pound net, fyke net, gill net, or other device as may be prescribed
by the Commission of Fisheries.

Any person, licensed to engage in the fish or shell-fish business in
this State, who shall fail or refuse to properly attach said metal plate
or tag to the boat, pound net, fyke net, or gill net for which he has
procured a license, or who shall remove or suffer the same to be
removed from such boat, pound net, fyke net, gill net, or other device,
shall be guilty of a misdemeanor, and shall be fined not less than
twenty-five dollars nor more than one hundred dollars; and provided,
further, that should such metal plate or tag be removed or destroyed
by accident or by the force of the sea, or in any other casual manner,
it shall be the duty of the person holding the license to operate, con-
duct, and maintain such boat, haul seine, pound net, fyke net, purse
net, and other device to at once apply to the inspector of the district
in which such boat, haul seine, pound net, fyke net, or other device is
located to issue to him a new plate or tag, which application must be
made within twenty-four hours after the discovery of the destruction
or loss of the original plate or tag; and any person failing so to do
for twenty-four hours after the discovery of the loss of any such plate
or tag shall be liable to a fine of ten dollars a day for every day until
such additional plate or tag is applied for.

Nothing contained in this Section shall be construed to apply to
boats used purely for pleasure purposes, or for the taking of fish or
shellfish for family use only, nor to a person fishing with rod and line
or with hand lines. (Section 3196c.)

Section 3182. Fishing in the waters of the Mattaponi, Pamunkey,
and York Rivers.—It shall be unlawful for any person, firm, or cor-
poration to fish with a pound net, fyke net, weir, or any other fixed
device or trap, except the device known as the gill stake-net, in water
more than ten feet deep at low-water mark in the York River above a
line from Clay Bank in the County of Gloucester to a point directly
opposite on the other side of the river, or in waters more than ten feet
deep at low-water in the Mattaponi River below Walkerton Ferry, or
in water of any depths above Walkerton Ferry, or in water more than
ten feet deep at low-water in the Pamunkey River below White House
Bridge, or in water of any depth above White House Bridge. And any
person violating the provisions of this section shall, upon conviction
thereof, be fined not less than one hundred dollars nor more than five
hundred dollars for the first offense, and may, in the discretion of the
court or jury, be confined in the county jail not exceeding twelve
months, either or both, and upon every conviction the offender shall
forfeit all nets, seines, fixed devices, boats, and other tackle used in
violating the provisions of this section. (Section 3202.)

Section 3183. To protect fish in the Elizabeth River and its tribu-
taries—It shall be unlawful to take or catch fish in the waters of the
Elizabeth River or its tributaries by means of seines, pound nets, fyke
nets, or any device other than gill nets, dip nets, or hook and line; but
nothing in this section shall apply to Broad Creek, a tributary of the
Eastern Branch of Elizabeth River. (Section 3204.)

Section 3184. Unlawful to kill or capture certain fish in the bays,
creeks, inlets, and streams tributary to the Potomac River or to have
in possession, sell or offer to sell any fish captured by means of poisons,
drugs or explosives.—It shall be unlawful to capture or kill any species
of fish known as black bass, green bass, chub, crappie, calico, or straw-
berry bass by means of any haul seine, drag net, pouch net, or any
other device hauled from and landed on the shore, or hauled from any
other place or contrivance and landed on the shore or elsewhere, in any
of the bays, creeks, inlets, and streams tributary to the Potomac River,
in the State of Virginia, in Tidewater, or above Tidewater, or to kill
any species of fish by means of explosives, drugs, or poisons at any
time in any of the waters of the Commonwealth of Virginia, or in any
of the waters under the jurisdiction of the Commonwealth of Virginia.

And it shall be unlawful to have in possession, or to sell, or offer
to sell, within the Commonwealth of Virginia, any fish killed or
captured by means of explosives, drugs, or poisons, whether the same
were so killed or captured within or without the jurisdiction of Vir-
ginia. (Section 3205.)

Section 3185. What fishing by nonresidents is unlawful—If any
person, not a resident of this State, take or catch fish in any of the
tidal waters thereof in any other way than by line, rod, or pole held
in hand, he shall be deemed guilty of a misdemeanor, and fined not
less than two hundred dollars nor more than three hundred dollars,
and the vessel and fishing apparatus of whatever kind used in the com-
mission of the offense shall be forfeited to the Commonwealth; and
on the failure to pay such fine, he shall be imprisoned in jail not less
than two months. Any resident of this State who enters into a co-
partnership or other agreement with intent to defeat the object of this
section shall be deemed guilty of a misdemeanor, and punished as
other violations of this section.

Provided that the Commissioner of the Department of Game and
Inland Fisheries and/or the Commissioner of Fisheries may issue to
any resident or nonresident he may see fit, and under such rules and
regulations as he or they may prescribe, written permits authorizing
the person or persons to whom said permit is issued to take German
carp from certain waters designated by him or them. (Section 3211.)

Section 3186. Definition of nonresident ; burden of proof.—No per-
son shall be deemed a nonresident within the meaning of this chapter
who has actually resided in this State twelve months next preceding
the commission of the offense with which he is charged; and in any
proceeding against a person as a nonresident, the burden of proof as
to residence shall be upon him. (Section 3212.)

Section 3187. Jurisdiction of circuit courts for counties over
waters adjacent to the counties——The circuit courts and the trial jus-
tices for the several counties adjacent to the waters in which any of-
fense under this chapter is committed shall have concurrent jurisdic-
tion of every such offense, and the circuit courts and trial justices
for the counties lying on waters bounding the State shall have con-
current jurisdiction of all such offenses committed on said waters, so
far as the jurisdiction of this State extends. (Section 3213.)

Section 3188. Seizure of forfeited property——Any property de-
clared forfeited by any of the provisions of this chapter, the next pre-
ceding chapter and the next succeeding chapter, the seizure and dis-
position whereof is not herein provided for, may be seized by a sher-
iff, constable, or any designated employee of the Commission of Fish-
eries under a warrant issued by a justice of the peace or a trial jus-
tice, and held to await the proceeding by information prescribed by
chapter one hundred and thirty-one of this code; and upon such
seizure being made, the officer or other person making it shall forth-
with give notice thereof to the Commonwealth’s attorney whose duty
it is to file said information. (Section 3217.)
: Section 3189. The following acts of assembly are continued in
orce:

The act entitled “An act for the protection of fish in the Shen-
andoah and its tributaries,” approved March twelfth, nineteen hundred
and six.

The act entitled “An act for the protection of fish in the Meherrin
river,” approved March fourteenth, nineteen hundred and twelve as
amended and re-enacted by an act entitled “An act to amend and re-
enact an act entitled an act for the protection of fish in the Meherrin
river, approved March fourteenth, nineteen hundred and twelve,” ap-
proved March sixteenth, nineteen hundred and sixteen ; and

The act entitled “An act for the protection of fish in Clinch river
and its tributaries in Russell county,” approved March first, nineteen
hundred and sixteen.

The act entitled “An act for the protection of fish in the Nottoway
river, in Nottoway, Lunenburg, Dinwiddie, Sussex, Greensville and
Southampton counties, Virginia, and the tributaries of said river;
providing rules and regulations by which fish may be taken therefrom,
and fines for violations,” approved March seventh, nineteen hundred
and twenty-four.

CHAPTER 128

Oysters and Other Shellfish

Section 3190. Refund of rent for oyster grounds; Commissioner
to refund amount paid under mistake for rents—Whenever it is made
to appear to the Commission of Fisheries, by satisfactory evidence,
that any person has, under mistake of law or fact, paid to the Com-
monwealth any sum or sums of money, he then and there not being
legally obligated to pay the same, the said Commission, if of the
opinion that justice so requires, may refund the same. All amounts
refunded under this act shall be paid out of the then current appro-
priations made for the use of the Commission of Fisheries. (Section
3220a. )

Section 3191. A copy of all maps of the bays, rivers, and creeks
of this Commonwealth made by the engineer of the Commission of
Fisheries and showing the location of the oyster planting grounds in
these waters, shall be filed in the clerk’s office of the county having
jurisdiction over the respective under-water areas.

And any such map and the areas of the individual assignments of
oyster planting grounds platted thereon shall be evidence in all the
courts of this Commonwealth of all the oyster planting grounds
leased by the State to private individuals at the time the survey and
map were made.

And after such maps have been duly filed at the clerk’s offices it
shall be the duty of the county surveyor or any other surveyor desig-
nated by the Commission of Fisheries to make surveys of oyster plant-
ing grounds, to plat upon these maps all surveys of oyster planting
grounds made thereafter by them.

For such services the surveyor shall receive a fee of one dollar to
be paid by the Commission of Fisheries, only if such survey has been
platted in accordance with the instructions given surveyors as to how
oyster planting grounds must be surveyed and platted.

Section 3192. Assignment of planting ground to riparian own-
ers.—Any owner of land having a water front thereon suitable for
planting oysters, who has not had as much as one-half acre of ground
already assigned him on said front, or whose lease has terminated
and is not to be renewed, may make application for planting ground
to the inspector for the district in which the land lies, who shall as-
sign to him such ground, wherever such owner may designate in
front of his land, not exceeding in area one-half acre, and in measure-
ment to be not less than one-fourth of an acre at its narrowest width,
the same to be surveyed, platted, marked, assigned and recorded, in
all respects, as provided for assignments to persons in the next suc-
ceeding section. For assigning to riparian owners, the surveyor shall
receive a fee of one dollar, and the inspector a fee of fifty cents. Such
owner shall have the exclusive right to the use thereof for the pur-
pose aforesaid, such assignment to pass with the land to any subse-
quent owner. If any portion of said water front be assigned to a
riparian claimant, which at the time is occupied by others with
oysters actually planted thereon, the person occupying the same
shall have twelve months in which to remove such oysters; provided,
this section, so far as the quantity of land to be assigned to and held
by riparian owners is concerned, shall not apply to the counties of
Richmond, Northampton, Northumberland and Westmoreland, but
section six of chapter two hundred and fifty-four, acts eighteen hun-
dred and eighty-three and eighteen hundred and eighty-four, shall
continue in force as to the said counties, but nothing herein contained
shall be construed as authorizing a rental of less than one dollar per
acre for riparian owners in the above-named counties of the land
assigned them as such riparian owners; provided, that nothing in the
said section which restores to riparian owners in said counties one-
fourth of their respective water fronts, suitable for planting oysters,
shall be so construed as to permit the owners of water fronts to com-
pel occupants of said fronts to remove their oysters from any fourth
of said shores, if the residue of said shore be already in his, the land-
owner’s possession, or be unoccupied ; and provided, further, that this
section shall not apply to riparian lands located in the city of Nor-
folk, Virginia, or to any owner of land located in said city, and having
a waterfront. (Section 3223.)

Section 3193. Oyster planting grounds; what ground may be
applied for; eligible applicants; how to apply; notice to be posted;
newspaper notice.—

(1) The residue of such waterfront in excess of what is already
assigned, or is reserved for the riparian owner, and the residue of the
beds of the bays, rivers, creeks, and shores of the sea other than nat-
ural oyster beds, rocks, or shoals, as defined by law and included in
the Baylor survey, may be occupied for the purpose of planting or
propagating oysters thereon,
(2) Application for assignment of oyster-planting ground may be
made by any resident of the State, or by any firm, or corporation
chartered under the laws of this State for the purpose of oyster cul-
ture and the oyster business; and it shall be lawful for nonresidents
to be stockholders in such a firm or corporation provided said firm
or corporation employ only resident labor in planting, cultivating,
selling, and marketing the oysters grown on the ground or land so
occupied ; and provided its principal place of business for selling, and
marketing said oysters be maintained within this State, and the pro-
visions of this section shall be incorporated in any lease of oyster
ground to any such firm or corporation, the violation thereof shall
forfeit the lease.

(3) All applications for assignment of oyster-planting grounds
shall be made in writing to the inspector of the district wherein the
ground lies, in duplicate. The application shall state as near as may
be the number of acres applied for and definite location, with the
name of one or more prominent points or objects adjacent to said
ground. A duplicate copy of this application shall be immediately
forwarded to the office of the Commission of Fisheries by the inspec-
tor. It shall be the duty of any resident, firm, or corporation desiring
to obtain a location for planting or propagating oysters to apply to
the inspector of the district in which such land lies to have the loca-
tion ascertained, designated, surveyed, and assigned.

(4) Notice of said application shall be posted by the inspector for
not less than sixty days at the courthouse of the county in which
the ground lies, and at two or more prominent places in the vicinity of
said ground.

(5) No assignment shall be made of any piece of ground contain-
ing more than ten acres until notice of application has been published
once a week for at least four weeks in some newspaper published in
the county wherein the said ground lies; and if no newspaper be pub-
lished in the said county, then it should be published once a week for
at least four weeks in some newspaper having general circulation
therein. This said provision is in addition to the sixty-day posting of
the application hereinbefore required.

(6) Sixty days after posting of the notice of application, the in-
spector shall notify the county surveyor, or such surveyor as may be
designated by the Commission of Fisheries, to proceed to survey said
ground, conforming to the rules and regulations of the Commission
of Fisheries, and make a plat in duplicate of the same. The surveyor
shall forward plat of survey to the office of the Commission of Fish-
eries, to be approved by the engineer of the Commission within thirty
days, before same is assigned by the inspector. The ground shall be
marked at the expense of the applicant, at the time the survey is made,
and at the direction of the surveyor, with suitable stakes, smooth and
free from snags and spurs; provided that where the War Department
of the United States Government forbids the use of such stakes on
account of interference with navigation, such other markers, as may
be permitted by the said War Department and approved by the Com-
mission of Fisheries, may be used instead of stakes; and such suitable
stakes or other markers, as aforesaid, shall be kept by the lessee in
their proper places at all times during the continuance of such lease,
so as to conform accurately to the survey. Should such stakes or
other marker be removed, rot down, or be carried away, the lessee
shall replace them in their proper places; and if he fails to do so
within thirty days after being notified by the inspector of the district
in which the ground hes, the said lessee shall have no claim against
any person for trespassing on said ground in any way.

(7) Any applicant for oyster-planting ground shall pay to the
surveyor for his services one dollar per acre or fraction thereof for
three acres or less; fifty cents per acre or fraction thereof for each
acre more than three and up to and including ten acres; twenty-five
cents per acre or fraction thereof for each acre more than ten and up
to and including thirty acres; fifteen cents per acre for each acre or
fraction thereof more than thirty acres up to and including fifty acres,
and ten cents per acre for all over fifty acres; and for drawing plat
of ground (which shall be in duplicate), fifty cents per corner for
each corner up to and including four corners, and twenty-five cents
per corner for all additional corners over four. The surveyor shall
have the same privileges and rights as to the collection of his fees as
does the inspector.

(8) No assignment, except in Chesapeake Bay, shall exceed two
hundred and fifty acres. No applicant, after having had as much as
two hundred and fifty acres of oyster ground assigned to him, shall
again make application for another assignment of oyster ground
within six months from the day his assignment was recorded and
completed as the statutes hereinafter provide. If an assignment be
not made within ninety days after the expiration of the notice re-
quired by statute to be posted for sixty days, such application shall,
upon the expiration of the said ninety days, lapse and become null and
void, unless an extension is allowed by the Commission, of not more
than ninety days.

(9) No person, firm or corporation shall own or operate more
than three thousand acres of oyster ground in the waters of this State
other than the Chesapeake Bay; and should ground in excess of three
thousand acres be acquired by original assignment to the assignee, or
be assigned to him or them by a lawful holder of said oyster ground,
or as heir, or distributee, or by devise or bequest, he or they shall,
nevertheless, have a right to lawfully hold the same for and during
the period of one year, and shall have a legal right to assign the same.
Should no assignment be made within one year, the oyster-planting
ground so acquired, in excess of three thousand acres, shall revert to
the Commonwealth of Virginia, and may be applied for by any person
having a legal right to do so.

(10) Application for planting ground in Chesapeake Bay in waters
from fifteen feet or more in depth shall be made to the Commission of
Fisheries, which shall have the right to accept or reject any such
application as it may deem best for the public interests; and the
number of acres to be assigned to any applicant shall not exceed five
thousand acres, provided that such assignment shall not interfere with
the established fishing rights. Any such application, surveying, and
marking shall conform to the law pertaining to oyster-planting
grounds.

(11) The annual rental per acre in the Chesapeake Bay, in waters
from fifteen feet or more in depth, therefor shall be such an amount
per acre as the Commission of Fisheries may designate, but in no case
shall it be less than fifty cents per annum per acre. After notice of
an application has been posted and/or published for sixty days as
hereinbefore required, the ground surveyed, and plats made in dupli-
cate, the inspector shall assign the ground to the applicant; provided
that, if in the judgment of the Commission of Fisheries it shall be
wise to do so; and further provided that the applicant pay to the
inspector the surveying charges, if the survey is made by an agent of
the Commission of Fisheries, and the annual rental prorated from
the date of the assignment to the next rental year, this proration to be
computed on the total number of acres to be assigned, and a record-
ing fee of two dollars for each assignment of not in excess of ten
acres; two dollars and fifty cents for each assignment of in excess of
ten acres but not in excess of twenty-five acres, and three dollars for
each assignment in excess of twenty-five acres. When these pro-
visions have been met, the inspector shall then assign the ground to
the applicant, and no person, firm, or corporation shall be considered
a lawful renter of oyster-planting ground until he shall have first com-
plied with these said provisions.

(13) Such an applicant shall pay to the inspector the annual rental
for the said ground at the rate of one dollar per acre per annum,
except as provided for in Chesapeake Bay, and for bathing ground
and riparian rights; said rental to be due on the first day of Septem-
ber of each year after the date of the assignment; and if not paid on
or before December fifth, a five per centum penalty shall be added to
the annual rental charge, and the inspector shall proceed to levy for
rental and penalty.

(14) Each assignment shall continue in force for a period of
twenty years from date of assignment ; and if such applicant shall hold
such ground for the full period of twenty years and at the expiration
thereof desire to continue to hold the same and to have the lease
renewed, then, provided such ground is still open to lease under the
then existing law, such applicant shall have prior rights over all
others for a renewal of the lease of the ground; subject to any such
laws or regulations as the General Assembly may enact or prescribe,
and to such rental as may be then fixed by law. The interest in such
ground shall be construed as a chattel real, and at the death of the
renter pass into the hands of the personal representatives for the
benefit of any creditors or heirs of the decedent. Should any lessee
of oyster-planting ground, or bathing ground, have his ground or any
portion thereof re-surveyed, or should be re-assign any or all of the
ground, this said re-survey or re-assignment shall not be construed to
be a twenty year renewal of his lease, or as a new assignment of such
ground, but shall be deemed to be a continuation of the original as-
signment, subject to all the limitations and conditions under which
such grounds were originally assigned.

(15) Any person, firm, or corporation in possession of any oyster-
planting ground which has not been assigned according to law shall
have no preference as to having the same assigned to him, but such
ground shall be open to the first applicant.

(16) The plat and assignment, as soon as practicable after comple-
tion, and after the said ground shall have been assigned to the said
applicant, shall be filed for record by the inspector in the office of the
Commission of Fisheries, and in the office of the clerk of the county
by the Commissioner of Fisheries. The county clerk shall forthwith
record the assignment and plat in a well bound and substantial book,
such recordings to be indexed in the name of the assignee, and there-
upon at once a written memorandum shall be posted by the clerk of
the court at the front door of the courthouse, stating the name of the
assignee, the date of recordation, the number of acres assigned, and
the general location of the ground. The clerk of the court shall re-
ceive the said plat and assignment and record the same, and shall be
paid by the Commission for his services a fee of two dollars for each
assignment of not in excess of ten acres; two dollars and fifty cents
for each assignment of in excess of ten acres but not in excess of
twenty-five acres, and three dollars for each assignment in excess of
twenty-five acres. After the same has been recorded, the assignee is
entitled to withdraw the original from the clerk’s office.

(17) Each inspector shall send in to the office of the Commission
of Fisheries not later than the fifth of each month all assignments
made by him during the preceding month, such assignments to be
reported on blanks provided the inspector by the Commission, and
these forms to state the name of applicant to whom assigned, the
waters where, the number of acres, the date of assignment, and the
address of the applicant.

(18) To any person, after having complied with all requirements
as set forth in the statutes necessary to have ground assigned to him,
the State will guarantee the absolute right to the renter to continue to
use and occupy such ground for the term of the lease, subject, only
to the right of fishing in waters above the said bottoms and riparian
rights, so long as the rent for each year is paid not later than Decem-
ber fifth of such year. No person exercising such right of fishing
shall use any device which is fixed to the bottom, or which, in any
way, interferes with such renter’s rights, or damages such bottom, or
the oysters planted thereon. (Sections 3224-5-6-7.)

Section 3194. Relief from rent on account of green gills in oys-
ters.—Authority is hereby given to the Commission of Fisheries to
determine all applications made to it by any oyster planter for relief
on account of the green gills, bloody gills, black gills, or oysters too
poor for market; and the Commission of Fisheries is vested with full
power and directions to give relief if in its discretion such should be
done by suspending the collection of rent to a given date.

If application be made to the Commission of Fisheries, the said
Commission, in its annual report to the Governor, shall give the
results of the conclusions reached and reasons therefor. (Section
22/4.)

Section 3195. Subrenting or assignment.—I{ any person should
subrent or assign his rights in oyster-planting ground, it shall be only
to a resident of this State, firm, or corporation authorized by law to
occupy and hold oyster-planting ground, after notifying the inspector
of his intention, and then the subrenting or assigning shall be in
writing, and said writing shall describe accurately the ground sub-
rented or assigned, and be recorded in the clerk’s office of the county
as the original plat and assignment were recorded, and under the
same conditions. The subrenter or assignee shall have all the rights
and privileges of the original renter for the unexpired term of the
original lease, unless he be a nonresident citizen of the State, in which
case any such assignment shall be void. This section shall not be
construed so as to allow a renter to subrent or assign a portion of a
plat of ground without first having same surveyed and platted as pro-
vided by law; provided, further, that any assignment, except in Ches-
apeake Bay, under this section to a person, partnership, firm or cor-
poration, owning or operating, at the time of such subrenting or
assignment, three thousand acres of oyster ground, such subrenting or
assignment shall then be null and void. (Section 3228.)

Section 3196. Rights of owner to creek, cove, or inlet within law-
ful survey.—If any creek, cove, or inlet within the jurisdiction of this
Commonwealth makes into or runs through the lands of any person
and is comprised within the limits of his lawful survey, such person
or other lawful occupant shall have the exclusive right to use said
creek, cove, or inlet for sowing or planting oysters or other shellfish.
This section shall not apply to the county of Mathews; but the third
section of chapter two hundred and fifty-four, acts of eighteen hun-
dred and eighty-three and eighteen hundred and eighty-four, shall
continue in force in said county, except as to the waters of Milford
Haven and Horn Harbor; said waters of said Milford Haven and
Horn Harbor shall be subject in all respects to the provisions of this
Code. (Section 3229.)

Section 3197. Bathing grounds; assignment; rental—Any person
desiring to obtain a location for bathing grounds shall apply to the
oyster inspector of the district in which the grounds lie to have his
location designated, surveyed, and assigned for the purpose aforesaid,
and for such ground shall pay an annual rental of five dollars per
acre. Any such application, surveying, assigning, and marking shall
conform to the law pertaining to oyster-planting grounds. (Section
3230.)

Section 3198. Rights of planters to erect piers, etc——Any person
holding planting ground rented from the State is hereby authorized
to erect thereon a pier, dock, watchhouse, or shucking house for the
purpose of handling, watching, or shucking oysters; provided, how-
ever, that it shall not obstruct navigation, nor otherwise injure the
private rights of any person, and shall be subject to the laws of the
State governing wharves, piers, and docks; and provided, further,
that this section shall not apply to any ground lying in front of and
adjacent to any city within the Commonwealth. (Section 3231.)

Section 3199. Natural rocks not to be used or staked off; pen-
alty——It shall not be lawful for any person to stake in or use for the
purpose of propagating or planting oysters or shells any natural
oyster bed, rock, or shoal, as defined by law, or any bottom which
has not been assigned to him according to law, or any public clam-
ming or scalloping grounds which have been set aside as such; nor
shall any person who may have occupied and staked off such natural
bed, rock, or shoal, or clamming or scalloping ground, as defined by
law, or any bottom which has not been assigned to him according to
law, continue to occupy the same; and any person violating this pro-
vision shall be fined not less than fifty nor more than one thousand
dollars for each offense. Moreover, the inspector for that district, or
the Commission of Fisheries, or its deputies shall require any such
person to remove all stakes, watchhouses, or other obstructions from
said natural beds, rocks, or shoals; and if after ten days notice such
person refuses to remove such stakes or other obstructions, the same
shall be removed by order of the Commission of Fisheries or by the
inspector at the cost of the offender, who shall also be fined in addi-
tion for failure or refusal to remove such stakes, watchhouses, or
other obstructions not less than ten nor more than one hundred dol-
lars. (Section 3232.)

Section 3200. Re-survey of planting grounds.—When, by any re-
survey of oyster-planting ground or survey made to re-establish the
lines of the State survey of natural oyster beds, rocks, or shoals,
which shall hereafter be made under the direction of the Commission
of Fisheries, it shall appear that any holder, without his own default,
and by mistake of any officer of the State has had assigned to him
and included in the plat of his assignment any portion of the natural
oyster beds, rocks, or shoals, as defined by law, and such holder shall
file a petition with the Commission for leave to remove such oysters or
shells from said ground, and the Commission after hearing evidence
shall be of the opinion that the holder has oysters or shells planted on
the said ground, and that without default of the holder and by mistake
of an officer of the State there has been assigned to him and included
in the plat of his assignment a portion of the natural oyster beds,
rocks, or shoals, as defined by law, then the Commission may allow
the holder a reasonable time, not exceeding two years, within which
to remove the said oysters, their increase, and the shells therefrom ;
and any person other than the said holder, his agent, or employees
going upon the said ground and taking oysters and shells therefrom
before the expiration of the time allowed said holder, shall be deemed
guilty of larceny thereof, and shall be punished as provided by this
act for the larceny of oysters. Provided, however, that upon filing
a petition by the lessee affected by the re-survey as hereinbefore pro-
vided, the Commission shall fix the time for a public hearing, which
time shall not be less than two weeks thereafter, and shall cause to
be posted at the courthouse of the county wherein the said oyster land
lies, a notice to the public that a hearing will be had on the petition,
giving the date thereof and the place of holding such hearing, and
admonish those who may be interested to appear before the Commis-
sion if they desire to oppose the granting of the prayer of the peti-
tion. At such hearing the testimony shall be taken and reduced to
typewriting, and be a part of the record, along with the petition. In
the event that the petitioner or any other party feels himself aggrieved
by the judgment of the Commission, at the conclusion of the hearing
such party may appeal from the decision of the Commission to the
circuit court of the county wherein the land may lie, and thereupon
the Commission shall certify the record in the case, including the peti-
tion and evidence and the finding of the Commission, to the said cir-
cuit court, and the court shall thereupon review the record, and enter
such order as the court may deem right and proper; but on the appeal,
no new evidence may be introduced. (Section 3233.)

Section 3201. Inspector not to assign natural rock or clam bed;
penalty.—Any inspector who shall knowingly assign to any person
any ground within the Baylor survey of the natural oyster beds, rocks,
or shoals, or public clamming or scallop ground that have been set
aside by the Commission, shall be guilty of a misdemeanor and shall
be dismissed from his employment, and any such assignment shall be
void. (Section 3234.)

Section 3202. Injuring, removing, or displacing boundary marks;
penalty.—Any person who shall intentionally or knowingly injure,
remove, or displace any boundary oyster stakes, range monument,
signal beacon, boundstone, post, or buoy, or any part, appurtenance,
or enclosure thereof, erected, constructed or set, on the land or water
of this State, or upon the lawful beds of any lessee, for the purpose
of designating, locating, surveying, or mapping any shellfish grounds,
shall be fined not less than twenty-five nor more than five hundred
dollars, or confined in jail not less than ten nor more than ninety
days, either or both. (Section 3235.)

Section 3203. Riparian rights in Elizabeth River—Nothing in this
chapter shall be so construed as to affect in any way the riparian
rights of any owner or owners of land on the east side of the Elizabeth
River lying south of the north line of the property of the Lambert’s
Point Waterfront Company, or to affect any rights under the present
jurisdiction of the Board of Harbor Commissioners of the ports of
Norfolk and Portsmouth. (Section 3236.)

Section 3204. Stealing oysters; how punished.—If any person
take, steal or carry away, without permission of the owner, oysters,
bedded, or planted, oysters deposited by any person making up a
cargo for market, or shells planted for formation of oyster beds, he
shall be deemed guilty of the larceny thereof, and upon conviction be
confined in jail not less than one nor more than six months, and fined
not less than five nor more than one hundred dollars, either or both,
for each offense. But if the offense shall be committed in the night-
time, he shall be confined in jail not less than three months nor more
than one year, and fined not less than twenty-five nor more than one
thousand dollars for each offense, either or both. (Section 3237.)

Section 3205. Use of rakes or scrapes; penalty.—It shall be unlaw-
ful for any person to use, or employ rakes or scrapes, or other like
devices for the purpose of taking or catching oysters, crabs, clams, or
shells from the natural oyster rocks, beds, or shoals on the eastern or
ocean side of Accomac and Northampton Counties at any time. Any
person violating this provision shall be fined not less than ten nor
more than fifty dollars for each offense, and be confined in jail until
such fine is paid, but not to exceed thirty days. (Section 3238.)

Section 3206. Taking oysters in Potomac River with hand
scrapes.—It shall be lawful, between the first day of November and
the first day of January of each year, and at no other time, for any
citizen of Virginia or of Maryland, complying with the provisions of
this section, to take or catch marketable oysters with hand scrapes,
not exceeding forty pounds in weight or thirty-six inches in width,
from the Potomac River; provided, however, that it shall be unlawful
to take or catch oysters by hand scrapes, under the provisions of this
section, between the hours of sundown and sunrise. Any citizen of
this State desiring to take or catch oysters with hand scrapes from the
Potomac River shall first obtain, by application to the oyster inspec-
tor of the district, wherein he may reside, or the proper authorities of
Maryland, in case of citizens of Maryland, a license for each boat to
be so used, the license fee to be ten dollars ($10.00) for each boat. It
shall be unlawful for any boat licensed under the provisions of this
section to have on it more than three persons, or more than one scrape,
or any winding apparatus or attachment of any kind whatsoever. It
shall be lawful to use boats propelled by power or otherwise in taking
oysters by hand scrapes under the provisions of this section. Any
person violating the provisions of this section, upon conviction
thereof, shall be punished by a fine of twenty-five dollars ($25.00) for
the first offense; and for each succeeding offense, seventy-five dollars
($75.00), or by the confiscation of his boat, equipment and cargo, or
both, in the discretion of the court or jury trying the case.

In any prosecution for the violation of this section, the possession
of a hand scrape in a boat on the Potomac River shall be prima facie
evidence that the boat was being used for hand scraping purposes.

The provisions of this section shall not take effect until a similar
act becomes effective in the State of Maryland, whereupon the Gov-
ernor of Virginia shall issue a proclamation declaring the provisions
of this act to be effective. (Section 3238a, Acts 1934, p. 141.)

Section 3207. License and taxes of oyster barrelers, shuckers and
packers.—Every person, firm or corporation engaged in the business
of shucking or packing oysters in this State shall pay a license tax
for the privilege of transacting such business, to be graduated by the
amount of oysters barreled, shucked or packed by him during the
period for which his license is granted. Every person engaged in
buying oysters for marketing oysters in barrels shall pay a yearly
license tax, beginning September first of each year, to be graduated
as follows: For any number of barrels under one hundred bought
and marketed, two dollars and fifty cents; for one hundred barrels and
over, up to two hundred and fifty, four dollars and fifty cents; for two
hundred and fifty barrels and over, up to five hundred, five dollars and
fifty cents; five hundred barrels and over, seven dollars and fifty
cents. To ascertain the amount of oysters marketed it shall be the
duty of such person, firm, or corporation, on the first day of April of
each year, or within ten days thereafter, to make report in writing,
under oath, to the oyster inspector for the district for which he was
licensed, showing the amount of oysters actually shucked or packed
or sold in barrels by him during the next preceding twelve months.
Each inspector shall report every oyster packer who shall fail to com-
ply with the requirements of this section. Any person, firm or cor-
poration violating the provisions of this section, or making a false
report, shall pay a fine of not less than thirty dollars nor more than
one thousand dollars for each offense, For every license to a per-
son, firm or corporation engaged in the business of shucking or pack-
ing oysters the license taxes shall be graduated as follows: (1) for
any number of gallons under one thousand, a tax of two dollars;
(2) for one thousand gallons or over, up to ten thousand, a tax of
five dollars and fifty cents; (3) for ten thousand gallons or over, up
to twenty-five thousand, a tax of ten dollars and fifty cents; (4) for
twenty-five thousand gallons or over, up to fifty thousand, a tax of
twenty dollars and fifty cents; (5) for fifty thousand gallons or over,
up to one hundred thousand, a tax of thirty dollars and fifty cents;
(6) for one hundred thousand gallons or over, up to two hundred
thousand, a tax of fifty dollars and fifty cents; (7) for two hundred
thousand gallons or over, a tax of one hundred dollars and fifty
cents. The sum imposed under and by virtue of this section shall be
in lieu of all taxes for State purposes on the capital actually employed
in said business. The word “capital” shall include moneys and credits
actively used in carrying on the business, including goods, wares and
merchandise on hand, and all solvent bonds, demands, and claims
made and contracted in the business during the preceding year; but
real estate shall not be held to be capital, but shall be assessed and
taxed as other specific property. All other property held by such per-
son, firm or corporation shall be listed and taxed as other property.
The sum required by this section to be paid when the license is taken
out shall be collected in the same manner that the amounts required
to be paid for other licenses under the oyster laws of the State are
collected, and shall be accounted for as part of the oyster fund. (Sec-
tion 3239.)

Section 3208. Taking oysters from natural rocks; closed season;
penalty.—It shall be unlawful for any person to take or catch oysters
from any of the natural oyster beds, rocks, or shoals in any of the
waters of this Commonwealth, with tongs or any other way, from
the first of June to the first day of October of each year; provided,
that in all the waters of Virginia on the western side of the Chesa-
peake Bay from Mobjack Bay and its tributaries to the Potomac
River, the prohibited time shall be from the first day of April to the
first day of October; and in James River below the seed line, as estab-
lished, the prohibitive time shall be from the first day of April to the
first day of October; and in the James River above the seed line, as
' established; and that in Broad Bay, Long Creek, Linkhorn Bay, or in
any of the tributaries thereof in the county of Princess Anne, the
prohibited time shall be all the year, except the months of October
and November; and that in the waters of Pocomoke Sound the pro-
hibited time shall be from the first day of April to the first day of
October in each year. And if any person be found upon the natural
rocks, beds, or shoals of this Commonwealth during the prohibited
season with tongs or other device for taking or catching oysters or
clams, the same shall be prima facie evidence of the violation of this
section by the person so found thereupon, unless such person pos-
sesses a license to take or catch clams with such tongs or other device
during such prohibited season. And it shall not be lawful for any
person to use or employ patent tongs for the purpose of taking or
catching oysters, shells, or clams from the natural rocks, beds, or
shoals of the State at any time, except during the months of October,
November, and December of each year, nor for any person to use
patent tongs in the waters of the James, Nansemond, East, or Pianki-
tank Rivers at any-time, and in the Rappahannock River the use of
patent tongs shall not be permitted above a line drawn from Towles
Point on the north side of the Rappahannock River to Burhan’s
wharf on the south side of said river, but the use of patent tongs be-
low said line may be permitted with the consent of the Commission.
The Commission of Fisheries is hereby authorized, in its discretion, to
prohibit the use of patent tongs at any time in the taking of oysters,
clams, or shells from the natural oyster beds, rocks, or shoals in the
waters of the Commonwealth or in waters under the jurisdiction of
the Commonwealth. A person violating any of the provisions of this
section, or any order of the Commission of Fisheries prohibiting the
use of patent tongs, shall upon conviction thereof be fined not less
than twenty-five nor more than one hundred dollars, and be confined
in jail not less than ten days nor more than six months. This section
shall not be construed as prohibiting the owner of planted oysters
from working on or changing the location of said planted oysters
during the daytime, or from shipping the same to market at any time.

The Commission after public hearing is hereby authorized and
empowered to make such rules and regulations at any time, to modify
the same, prohibiting or restricting the taking and catching of fish and
all shellfish, or any one or more of the aforesaid specified classes, or the
method by which same shall be taken, the closing or opening of any
specified area, for the taking or catching of same, or any one or more
of them, or any devices or methods used in connection therewith, which
rules and regulations shall have the full force and effect of law; and
any violation thereof is hereby declared to be a misdemeanor and
punishable as such. Before, however, such rules and regulations shall
be effective, they shall be posted by the oyster inspectors or deputies
in two or more public places in each inspection district where ap-
plicable for at least ten days; and a certificate of such oyster inspector
or deputy showing that the same has been posted is hereby declared to
be sufficient evidence thereof ; provided, however, that should the Com-
mission, in the exercise of the authority hereby given, by rule or regu-
lation, so prohibit or restrict the taking of fish or other shellfish to
such an extent that the industry affected by such rule or regulation of
necessity will have to suspend operations, in that event the Commission
shall suspend the enforcement of such rule or regulation until the
adjournment of the next General Assembly of Virginia.

No action shall be taken under this section until after said public
hearing, which shall be held after advertisement of the time, place, and
purpose thereof for two successive weeks in at least three newspapers
circulated in the Tidewater section of the Commonwealth.

Provided, further, that the Commission of Fisheries is hereby au-
thorized to regulate the setting of any device for the purpose of taking
or catching fish as in their discretion is to the best interests of the
industry, and such regulation to have the full force and effect of law,
and provided further, this section shall not apply to the Potomac
River.

Section 3209. License for boats taking oysters with tongs; num-
ber.—Any resident of this State having a boat to be used in taking or
catching oysters with tongs from the natural rocks, beds, or shoals
shall apply to the inspector of the district where he resides to have
said boat registered.

The inspector shall register such boat and prescribe for it a num-
ber. For said registration annually the owner shall pay to the inspec-
tor, for all kinds of boats, a registration fee of fifty cents.

Where patent tongs are to be used on any such boat, the inspector
shall register, and number said boat as follows: The stamp or mark
shall be ‘“‘P. T.,” and the number of boat registered, and the year in
which registered. And where ordinary tongs are to be used, the in-
spector shall register and number said boats as follows: The stamp
or mark shall be “O. T.” and the number of boat registered, and the
year in which registered. (Section 3241.)

Section 3210. License of tongers; penalty——Any resident of this
State who shall be duly qualified, and desires to take or catch oysters,
clams or scallops from the natural oyster beds, rocks, shoals, or any
other waters of the Commonwealth, or waters under the jurisdiction
of the Commonwealth, not leased for planting purposes, by hand, or
with ordinary or patent tongs, or any instrument allowed by law, other
than a scrape or dredge, shall first apply in writing to the inspector of
the district in which he resides for a license. The license taxes shall
be as follows: (1) For each pair of patent tongs, ten dollars and
fifty cents.

(2) For each person taking oysters or clams by hand, or with
ordinary tongs, four dollars and fifty cents.

(3) Provided, however, that a license issued for patent tongs shall
entitle the holder, without the payment of an additional license tax,
to use ordinary tongs while not using patent tongs. When such person
shall have paid to the inspector the amount of license required of him,
said inspector shall register such person, and shall issue to him a
license, which shall entitle him during the season for which such shall
be issued to take or catch oysters, clams or scallops from the natural
oyster rocks, beds, or shoals, or any other waters of the Common-
wealth of Virginia, or within the jurisdiction thereof, for the period
during which he is not prohibited by law from working on any such
natural rocks, beds, or shoals. If any person is found oystering,
clamming, or scalloping upon the natural rocks, beds, shoals, or
other waters of the Commonwealth not assigned for shellfish culture
without having been so licensed; or after having his license revoked,
or if he violates any provision of this section, such person shall be
fined not less than ten nor more than two hundred dollars. Five dol-
lars of each license to take oysters with patent tongs and two dollars
of each license to take oysters with ordinary tongs shall be segregated
for the replenishment of the public rocks, beds, and shoals of the
Commonwealth. The license issued under this section shall entitle the
holder to take either oysters, clams, or scallops from the waters of
this Commonwealth, or from waters under the jurisdiction of this
Commonwealth for and during the open oyster season; and shall, in
addition thereto, permit the holder of said license to take or catch
claims or scallops during the season prohibited by law for the taking
of oysters, from the public clamming bottoms of the Commonwealth.

(4) For each person desiring to take or catch only clams by hand
or with ordinary tongs the license tax shail be two dollars and fifty
cents ($2.50) and/or for any person desiring to use patent tongs for
the purpose of taking clams only, he shall pay to the inspector a
specific tax of five dollars and fifty cents ($5.50) for each pair of
such tongs to be used, providing that these licenses for the taking of
clams by hand, or with tongs, ordinary or patent, shall entitle the
holder thereof to take only clams from the public clamming bottoms in
the waters of this Commonwealth, in the waters under the jurisdiction
of this Commonwealth, and not from the public oyster rocks, beds, and
shoals, and is not to be construed to, in anywise, permit or authorize
the taking of oysters at any time. If any person shall have in his
possession any oysters while taking or catching clams or scallops under
this sub-section during the season in which it is lawful to take or catch
oysters from the natural rocks, beds, or shoals, he shall be prima facie
guilty of violating the law of taking or catching of oysters therefrom
during the said prohibited season, and upon conviction, the penalty
shall be not less than ten dollars ($10.00), nor more than two hundred
dollars ($200.00).

It shall be unlawful to take or catch clams at any time, or by any
means, in Pocomoke Sound above a line drawn from Drum Bay
Point, in the County of Accomac, and running a north-northwest
course to the line between the State of Maryland and Virginia, except
upon such grounds in those waters as may be set aside for public
clamming or scalloping purposes by the Commission of Fisheries; pro-
vided, however, that it shall be unlawful for any person to ship any
clams measuring less than one and seven-sixteenth inches in length
from hinge to mouth, or to take or catch clams under such size other
than for seed or planting purposes, provided, however, this section
shall not apply to the taking or catching of oysters or clams for im-
mediate household use but not for planting or sale. Any person
violating the provisions of this section shall be guilty of misdemeanor
and upon conviction be fined not less than ten dollars nor more than
two hundred dollars. (Section 3242.)

Section 3211. Culling oysters.——All oysters taken from any natural
rocks, beds, or shoals in the waters of this State shall be culled on
their natural rocks, beds, or shoals as taken; and oysters whose shells
measure less than three inches in length, except those oysters taken
from Russ Rock and Little Carter’s Rock, in the Rappahannock River,
whose length shall be not less than two and one-half inches measuring
from hinge to mouth, and all shells, shall be included in said cullings,
and replaced upon said rocks, beds, or shoals; provided that oysters
once passed from the culling board to the inside of the boat less than
the size above prescribed, and all shells, shall be considered as not
having been culled as taken, according to the provisions of this section ;
provided that when small oysters are adhering so closely to the shell
of the marketable oysters as to render removal impossible without
destroying the young oyster, then it shall not be necessary to remove it.
Any person violating any of the provisions of this section shall be
guilty of a misdemeanor. (Section 3243.)

Section 3212. Buying or selling unculled oysters; penalty; not to
apply above seed line in James River.—It shall be unlawful for any
person to take, buy, sell, or possess oysters under the prescribed size,
and shells so taken from the natural rocks, beds, and shoals. Any
person violating the provisions of this or the preceding section, shall
be deemed guilty of a misdemeanor, and in addition thereto shall be
required to throw said unculled oysters and shells back on the public
rocks; and for failure or refusal to throw back said unculled oysters
and shells on said public rock, when ordered to do so by an inspector
or his deputy, or employee of the Commission of Fisheries shall be
fined not less than one hundred nor more than five hundred dollars ;
but so much of this section and the preceding section as prohibits the
taking and catching of oysters whose shells measure less than three
inches from hinge to mouth, shall not apply to James River above a
line drawn from Cooper’s Creek in the County of Isle of Wight, to
a point at the south side of the main channel in said river opposite
Finch’s pier in the city of Newport News, thence up said channel to
the present lower corner of Miles oyster-planting ground, thence to
Massey’s house on the river bank in the County of Warwick, which
shall be known as seed line; nor to Russ Rock and Little Carter’s
Rock, in the Rappahannock River, nor to the eastern side of Accomac
and Northampton counties.

(2) In the waters of this State entering the Potomac River, the
prohibited size shall be two and one-half inches. In addition to the
penalty above prescribed, the license of any person found guilty of
violating this section may, in the discretion of the Commissioner, be
revoked by the order of said Commissioner, and such person shall not
be again licensed to take or catch oysters in the State for a period of
one year after the commission of such offense. The having at one
time more than one bushel of oysters and shells on the culling board,
deck, wash-board, or other receptacle above the hold of the boat of any
person oystering upon the natural rocks, bed, or shoals, or the attempt
of any person to escape, or to throw oysters or shells overboard into
the water, other than in the ordinary process of culling, upon the
approach of the oyster inspector or police boat, shall be prima facie
evidence of the violation of this section. Any person offering oysters
for sale, or having the same in his possession, which shall not have
been culled, as required by this section, shall be deemed guilty of
violating the law, and if upon trial he shall claim that such oysters are
from private planting grounds, the burden of proving that fact shall
be upon him. Such person may be tried in any court having juris-
diction over the waters where he is arrested or apprehended; and if
any such person shall resist in any way any inspector or other author-
ized person in making an examination of the oysters suspected, or
upon being requested by such officer or other authorized person to be
admitted into his boat or oyster house for the purpose of such in-
spection, shall refuse to so admit such officer or other authorized per-
son, the party suspected shall be deemed prima facie guilty of violating
this section. (Section 3244.)

Section 3213. Prohibiting drag-boxes, etc. ; penalty—It shall be un-
lawful for any person to use, in collecting or taking fish or other
shellfish from the waters of this Commonwealth, any drag-box, tub,
sack, or other receptacle for fish or other shellfish so collected or taken,
which in the use of moving are dragged or drawn through the waters of
this Commonwealth; or to secrete in a bag, box, locker, or other closed
receptacle any unculled fish or shellfish taken from the waters of this
Commonwealth. The possession by any person of a drag-box in the
waters of this Commonwealth, or the having in his possession of any
unculled fish or shellfish secreted as aforesaid, shall be prima facie
evidence of the violation of this section. If found guilty of violating
any provision of this section, such person shall be fined not less than
twenty nor more than one hundred dollars for each offense. (Section
3245.)

Section 3214. License of dredgers; limitations; application for
licenses ; numbers; registration; penalty; forfeiture——The Commission
of Fisheries shall, if in its judgment the police force is sufficient to
protect the grounds in which dredging is hereinafter prohibited,
authorize any resident of this State to take and catch oysters with
dredges or scrapes in the Chesapeake Bay; but this privilege shall not
extend to Pocomoke Sound, Hampton Roads, Mobjack Bay, or
Tangier Sound, or west of a line drawn from the lighthouse on Rappa-
hannock Spit to the lighthouse on Wolf Trap Spit, or west of a line
drawn from the lower end of Guinea Marshes to York Spit Lighthouse,
and thence to Back River Lighthouse, or west of a line drawn through
the Great Wicomico River Lighthouse, thence to the east end of the
East Island of the Dameron Marshes, nor to any inlet, creek, or
river, nor to the mouth thereof, except the Potomac River and the
following rocks in Tangier Sound, to-wit: Johnson’s Rock; Thorough-
fare Rock, Fox’s Island Rock, and the California Rock; provided that
for the purpose of this section the southern boundary of Pocomoke
Sound shall be a straight line running from Rouge’s Island Beach Buoy
Number Two to the southeast buoy on Watt’s Island Bar; but no
dredging shall be permitted between the first day of April and the first
day of November in any year. Any resident desiring to dredge or
scrape for oysters in the waters where dredging is permitted, shall
make application in writing for such privilege to the inspector of the
district in which he resides, which application shall be sworn to, and
shall plainly state the name of his vessel, the owner or owners thereof,
the commander or person in charge, and the length of vessel or gross
tonnage at which it is rated. Such application shall further state the
district in which the owner resides; that the applicant is a resident
qualified under the requirements of this section; that no nonresident
owns said vessel, in whole or in part, and that it is not held with any
intention, or under any agreement, to return it at any subsequent time
to a nonresident. Upon being satisfied of these facts, the inspector
shall register such vessel and issue to such applicant a license granting
him the privilege of dredging or scraping for oysters within the
prescribed limits and season, which shall be plainly set forth in the
license; and the inspector shall also furnish him two numbers, twenty-
two inches long, in black paint, on canvas or domestic, which shall be
placed by the master or owner on the side, as hereinafter described ;
the number on his mainsail to be placed above the balance reef; that
in the center of the sail, halfway between the gaff and said reef; that
on the jib, above the bonnet in center of jib and on the side opposite
that of the mainsail. For such registration, the applicant shall pay
to the inspector a fee of one dollar; provided, only vessels operated
wholly by sail shall be used for purposes of dredging or scraping for
oysters on the public grounds of this Commonwealth or under the
jurisdiction thereof; provided that the Commission of Fisheries shall
be empowered to revoke or deny to any person a license for the period
of twelve months for a violation of the cull law by any person dredging
or scraping; or for dredging or scraping, or attempting to dredge or
scrape, without a license; or for resisting any officer in the performance
of his duties. Dredging or scraping in waters not prohibited by law,
without having paid the tax and obtained the license provided for
such purpose, shall be punishable by a fine of not less than twenty-five
dollars nor more than two hundred dollars.

If any person take or catch oysters or clams with a dredge, or
scrape, or instrument other than ordinary or patent oyster tongs, or
by hand in any of the waters of the Commonwealth, except as provided
by law, he shall be deemed guilty of a felony, and upon conviction
thereof shall be confined in the penitentiary not less than one year
nor more than three years, or may be confined in jail not exceeding
one year, and fined not less than one hundred nor more than one
thousand dollars, either or both, in the discretion of the jury. In any
prosecution for the violation of this section against the master or com-
mander of a vessel, or any of his crew, or any person on board thereof,
proof that said vessel was equipped with a crank, dredge, or scrape
shall be prima facie evidence of the violation of this section. Any
vessel, boat, or other craft, her tackle, apparel, anchors, cables, sails,
rigging, and appurtenances, and any dredge, scrape, or other instrument
used in violating any of the provisions of this section shall, together
with the cargo of such vessel, boat, or craft, be condemned as for-
feited to the Commonwealth in proceedings as provided for the en-
forcement of forfeitures. (Section 3246.)

Section 3215. License tax.—Before any license shall be issued for
dredging or scraping, the applicant shall, in addition to the fee of one
dollar for registering the boat, pay to the inspector a license tax for
the dredging season, as follows: For sail boats thirty feet long and
under, five dollars; over thirty feet and under five tons, seven dollars;
for every gross ton of customhouse measurement, two dollars, estimat-
ing twenty-five bushels’ capacity to each ton of customhouse measure-
ment. The captains or masters of such boats shall always have such
license on board of their boats and exhibit the same whenever it shall
be demanded by any duly authorized officer; and the refusal so to do
shall be prima facie evidence that they are dredging or scraping with-
out having a license therefor. (Section 3247.)

Section 3216. Oyster inspection when loading on vessels, etc.;
measurements; tax; penalties——It shall be unlawful for any person,
firm, or corporation to take, catch, or to purchase oysters taken from
the waters of the Commonwealth of Virginia, or from any waters
under the jurisdiction or joint jurisdiction of the Commonwealth of
Virginia, or from any oyster grounds leased by the Commonwealth,
for market, or to shuck, or operate buy-boats, vessels, or motor ve-
hicles, or other conveyances for the purpose of buying shell oysters
taken from the waters of the Commonwealth of Virginia, or waters
under the jurisdiction of the Commonwealth of Virginia, or waters
under the joint jurisdiction of the Commonwealth of Virgina, or from
any oyster ground leased by the Commonwealth, until a permit has
been obtained from the Commissioner of Fisheries or the oyster in-
spector of the district in which the ground from which the oysters
to be taken lie, or from the captain of any oyster police boat of this
State. The Commissioner or any inspector, deputy, or captain of any
oyster police boat of this State shall have the right at all times to in-
spect any of the oysters taken or purchased as aforesaid, loaded on
any boat, or vessel, motor vehicle or other conveyance or sold to any
person, firm, or corporation wherever they may be, as to the quality
or measurements; the owner or master of such boat or vessel, motor
vehicle or other conveyance or the purchaser of any oysters taken as
aforesaid, shall pay a tax to the Commonwealth of Virginia, or to the
person so authorized to receive the same, of not more than two cents
per bushel on each bushel of oysters taken or purchased as aforesaid,
it being the intent and purpose of this act to impose a tax upon all
the oysters taken from any of the waters of the Commonwealth of
Virginia, or from any of the waters under the jurisdiction of the
Commonwealth of Virginia, or from any of the waters under the joint
jurisdiction of the Commonwealth of Virginia. There is excepted
from the imposition of the tax aforesaid all oysters which are to be
re-planted in any of the waters of this Commonwealth. A strict account
of oysters taken or purchased as aforesaid shall be kept by the pur-
chasers, planters, or packers, and the tax on same shall be paid by
such purchasers, planters or packers as herein provided between the
first and tenth days of each month immediately following that in which
such oysters were shucked, barrelled, packed or marketed. All pur-
chasers, planters, or packers shall keep an accurate and complete
itemized daily record of oysters barreled, packed, shucked or marketed
by them in a book to be kept for that purpose, which book shall be at
all times open for inspection by the Commissioner or any employee
designated by him to inspect the same; and a failure to keep such a
record shall be unlawful and shall be punishable as hereinafter provided.

(2) It shall be the duty of the oyster inspector in whose district
a cargo of oysters is to be loaded to inspect said oysters as they are
loaded and to see that all measurements are a full legal bushel of
oysters, so that any shucking stock taken does not have more than five
per centum of shells or small oysters; and when said oysters are
loaded, to collect the tax on same, and furnish the owner, master, or
operator with a certificate showing the number of bushels in each
load, and signed by the inspector, deputy, or police boat captain that
the tax on each load is paid, a copy of which said certificate shall be
sent to the office of the Commissioner of Fisheries.

(3) When at any time there is to be loaded in any one district
more than one load at the same time, the inspector or police-boat cap-
tain is empowered to appoint, on the consent and approval of the
Commissioner of Fisheries, a sufficient number of deputies for the pur-
poses hereinbefore set forth; that on or before the fifth day of each
month the inspector or police-boat captain shall render a statement to
the Commissioner, on blanks furnished by the Commissioner, showing
the amounts collected, and from whom collected.

(4) Of the revenue derived from this Section, after deducting
twenty per centum to be credited to the Commission of Fisheries to
reimburse the said Commission of Fisheries for the additional cost
incurred in enforcing this section, the balance shall be credited to the
oyster repletion fund; and it shall be the duty of the State Health
Commissioner to make all inspections commensurate with the United
States Department of Health regulations.

(5) Thirty days prior to the opening of the oyster season, the Com-
missioner of Fisheries shall designate a tax not more than two cents
per bushel, or per gallon if shucked, to be collected by the inspectors,
police boat captains, or other persons authorized to collect the same,
sufficient to raise not in excess of Fifteen Thousand Dollars appro-
priated to the Department of Health out of the Inspection Tax for
inspection purposes, and the further sum of Twelve Thousand Five
Hundred Dollars for the purchase of shells, slag, seed oysters and clams
for the purpose of repletion. Any sum received by the Health Depart-
ment from the appropriation made to it for any future inspection
purposes payable out of the general fund of the State Treasury shall be
charged against said appropriation of Fifteen Thousand Dollars pay-
able out of the Inspection Tax and credited to the Commission of
Fisheries for the purchase of shells, slag, seed oysters and clams for
the purpose of repletion, but in no event shall the appropriation from
this fund for purposes of repletion exceed Twelve Thousand Five
Hundred Dollars; and should it appear to the Commissioner between
the first day and fifteenth day of January of the following year, that
the tax so levied, based on the number of bushels and gallons from
which revenue is expected to be obtained, will not be sufficient to raise
twelve thousand, five hundred dollars, after deducting twenty per cen-
tum to pay the cost of collecting same, he is hereby empowered to raise
the tax to a sufficient rate, not to exceed two cents per bushel or gallon
to take care of the apparent deficiency; and should there be collected
during the current season an excess over the amount required for the
repletion and inspection fund, and the twenty per centum to be deducted
for collection, the excess shall be held in the oyster repletion fund, and
taken into consideration when the rate is set for the following oyster
season.

(6) The Commissioner shall study the anticipated demand for oys-
ters in the following season, and shall levy only a sufficient tax, of not
more than two cents per bushel, or per gallon if shucked, in order to
raise only, or approximately a sufficient amount to cover the appro-
priation of fifteen thousand, and twelve thousand five hundred dollars
and twenty per centum for collecting the same.

(7) Any person who shall violate any provision of this section
shall upon conviction thereof be punished by a fine of not less than
twenty dollars nor more than two hundred dollars. (Section 3247a.)

Section 3217. Dredging planting ground; limitations, revocation of
privilege; marking ground; marking boats; penalty.—It shall be lawful
for any resident of this State holding under legal assignment oyster-
planting ground and having paid the rent therefor, to dredge or scrape
the same at any time, except on Sunday or at night; provided he obtain
from the Commission of Fisheries a permit to do so, said permit to
show date of issue and date of expiration, which expiration date shall
not be for a period longer than the date to which his rent is paid, and
such privilege of dredging or scraping such oyster-planting ground
may be revoked in any case by the Commission of Fisheries, or Com-
missioner, whenever, in its judgment, it may be proper or necessary
to do so; provided, further, that no person shall have or enjoy the
privilege hereinbefore granted of dredging or scraping his said oyster-
planting ground unless and until he shall have first properly designated
and marked the oyster lines of his said planting ground by placing
prominent and fixed buoys thereon by means of anchors, or in any
other manner sufficient to hold them in place, said buoys to be so many
inches in diameter and to extend so far above water as the Commission
of Fisheries, or Commissioner, may direct, and the same shall be kept
up and maintained so as to distinctly mark said outer line or lines of
said planting ground. Said buoys shall be painted white, and shall have
the initials of the person or firm whose property they are placed upon
them near the top, in black letters, of not less than five inches in length.
Such initials shall also be placed upon each side of the prow of any
boat or craft used or employed in dredging or scraping said planting
ground, if propelled by motor, or upon opposite sides of mainsail and
jib, if operated by sail. Nor shall any person have or enjoy the privi-
lege hereinbefore granted of dredging or scraping his said oyster-
planting ground unless and until he enter into a bond before the clerk
of the county in which he resides in the sum of five hundred dollars,
payable as required in section two hundred and seventy-nine of the
code, upon condition not to violate the provisions of any laws pertain-
ing to the dredging or scraping or planting ground; but no person or
firm so engaged in dredging or scraping shall employ, in whole or in
part, any nonresident crew, unless by written permission of the Com-
missioner of Fisheries, or employ any boat or craft of any kind owned,
in whole or in part, by any nonresident of this Commonwealth in the
dredging or scraping of such oyster-planting ground; and no equipped
dredge, scrape, or other instrument of like nature shall be taken by any
person into the James River or its tributaries, Nansemond River or its
tributaries, Rappahannock River or its tributaries, Pocomoke or Tangier
Sounds, or into the ocean side of Accomac or Northampton Counties
without first obtaining a written permission to do so from the Com-
missioner of Fisheries. Any person found guilty of dredging or scrap-
ing oyster-planting grounds in this State, except as provided for in
this section, shall be fined not less than one hundred nor more than
three hundred dollars for each offense. (Section 3248.)

Section 3218. Carrying oysters out of the State, or buying for
that purpose prohibited ; penalties —It shall be unlawful for any person,
firm, or corporation to carry, or attempt to carry, or to buy for the
purpose of carrying out of this State, any oysters taken from the natural
rocks, beds, or shoals in the water of this Commonwealth until he has
first obtained for each cargo a permit to do so from the inspector from
whose district the said cargo is to be taken, or from the captain of one
of the oyster police boats, and has paid to the inspector or police boat
captain the required tax per bushel on the number of bushels in said
cargo. Said permit shall be signed by the Commissioner of Fisheries
and countersigned by the said inspector or police-boat captain; and it
shall be the duty of the said Commissioner to grant such permit, and
designate the tax to be paid of not more than two cents per bushel
on each bushel of oysters, whenever after examination by him of the
seed areas he shall ascertain that it will not injure or deplete said seed
areas to grant such permits, and that the supply of seed oysters is in
excess of demand for seed oysters by planters in the State of Virginia;
and provided that the Commissioner shall have power to cease grant-
ing such permits whenever he shall ascertain that said seed areas are
becoming depleted, and that to continue to grant such permits would
seriously injure the same. Any person violating the provisions of this
section, shall upon conviction thereof be confined in the penitentiary
for one year or, at the discretion of the jury, may be confined in jail
not exceeding one year, and fined not exceeding five hundred dollars.
Moreover, all boats and vessels, motor vehicles and other conveyances
together with their tackle used in violating this section, and all oysters
found thereon, shall be forfeited to the Commonwealth, in proceedings
as provided for the enforcement of forfeitures. If any oyster in-
spector or other person shall knowingly aid and abet, or shall collude
with any person in the violation of this section, he shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be confined
in jail not exceeding six months and fined not exceeding five hundred
dollars, either or both. (Section 3249.)

Section 3219. Permit to buy or carry seed oysters from certain
grounds; penalty.—It shall be unlawful for any person, without first
having obtained a permit therefor, as hereinafter provided, to buy or
carry oysters to be planted in this State, whose shells measure less than
three inches in length from hinge to mouth, from the eastern side of
Accomac and Northampton counties, or from James River above the
seed line, as heretofore established. Any person desiring to buy or
carry such oysters from said localities to be planted in this State, shall
first obtain for each cargo a permit therefor from the oyster inspector
for the district wherein such cargo is loaded, or from an officer of a
police boat, for each boat, vessel, or motor vehicle to be used, which
permit shall state the name, and tonnage (if registered in the custom-
house), of the boat, vessel, or motor vehicle, or other conveyance the
name of the owner and master thereof, and to what place in this State
it is intended to carry such oysters in such boat, vessel, or motor
vehicle, and shall be loaded, under the supervision of the inspector,
and in the order of the presentation of the permit to the oyster in-
spector in the seed oyster district in which such boat, vessel, or motor
vehicle or other conveyance is, to obtain its cargo. Said permit shall
further certify to the identity and residence of the person making
application to buy or carry said oysters. Before such permit shall be
granted, the owner, operator, or master of such boat, vessel, or motor
vehicle shall make oath before the inspector or officer of a police boat
that said boat, vessel, or motor vehicle or other conveyance will not be
used for the purpose of carrying seed oysters measuring less than the °
size aforesaid out of this State, and that he will not sell such oysters
to any other person for the purpose of carrying the same out of the
State. The oaths so taken and subscribed, together with a memorandum
of the permit issued, shall be returned by the inspector or officer of a -
police boat to the Commissioner, to be filed in his office. Any person
in charge of a boat, vessel, or motor vehicle or other conveyance who
shall take seed oysters out of the State after certifying his intention to
deliver them within the State shall be guilty of a misdemeanor, and
upon conviction thereof be fined not less than one hundred dollars nor
more than five hundred dollars, and confined in jail not more than six
months, either or both, in the discretion of the jury or court trying
the case. The owner or master of any boat, vessel, or motor vehicle
or other conveyance found buying or carrying seed oysters from the
places aforesaid to any point in this State without a permit therefor
shall be fined not less than fifty nor more than two hundred dollars.
(Section 3250.)

Section 3220. Permit to carry oysters from certain grounds;
penalty—No person, without having a written permit from an oyster
inspector, an oyster police officer, or from a member of the Commis-
sion of Fisheries, shall at any time during the closed season carry oys-
ters out of James River above a line drawn from Pig Point, in the
county of Nansemond, to Newport News Point, in the county of
Warwick, whether said oysters be taken from natural rocks or plant-
ing grounds; nor shall any person take crabs, or other shellfish in the
waters of this State, from either public or private grounds on Sunday
or in the nighttime, between the hours of sunset and sunrise; nor shall
any person load on any vessel, boat, motor vehicle or other conveyance
any oysters from the public waters of the Commonwealth on Sunday
or in the nighttime between the hours of thirty minutes after sunset
and thirty minutes before sunrise. Any person violating the provisions
of this section shall be fined not less than twenty-five nor more than
one hundred dollars. (Section 3251.)

Section 3221. Oyster measures; penalty.—It shall not be lawful at
any time for any person to buy or sell oysters in this State in the shell
by any other than one-half bushel or one bushel metallic measures,
and such measures shall be iron circular tubs with straight sides and
straight solid bottoms with holes in bottom, if desired, for draining,
such holes to be no larger, however than one inch in diameter. A half-
bushel tub shall have the following dimensions (all measurements to
be from inside to inside): Fifteen inches across the top, thirteen
inches across the bottom, and seventeen inches diagonally from the
inside chine to the top; and a bushel tub shall measure eighteen and
one-half inches across the top, seventeen inches across the bottom,
and twenty-one and one-half inches diagonally from the inside chine
to the top. When the oysters are bought or sold out of the shell, it
shall be by wine measure, according to the standard prescribed for
such measure by section fourteen hundred and sixty-eight of this code.
Any person violating any provision of this section shall be fined not
less than twenty-five nor more than one hundred dollars for each
offense. Moreover, if any inspector or other oyster official have reason
to believe that measures not conforming to the above requirements are
used on board any vessel or craft, or in any oyster house, he is hereby
empowered to search for, seize, and destroy such unlawful measures.
(Section 3252.)

Section 3222. Citizen not to be interested with nonresident ; penalty.—
If any citizen of this State shall for market or profit be concerned
or interested with any person not a resident thereof in taking or
catching fish or shellfish in any of the waters of this State, or in waters
under the jurisdiction of this State, or in planting oysters or other shell
fish therein, or shall knowingly permit any person, not a resident of
this State, to engage in any such business in his name for market or
profit, he shall be fined not less than one hundred nor more than five
hundred dollars for each offense; but the restrictions as to residence
in this section shall not prevent a resident from owning stock in a
corporation in which nonresidents are stockholders, if said corporation
is authorized by law to occupy oyster-planting grounds. (Section 3253.)

Section 3223. Nonresidents not to take or plant oysters, etc.—lf
any person other than a resident of this State, as defined in this chapter,
shall take or catch fish or shellfish, in any of the waters of this State,
or in any any of the waters under the jurisdiction of this State, for
market or profit, or if any person other than a resident of this State or
a corporation authorized by law to occupy and hold oyster-planting
grounds, rent any oyster-planting ground, or plant shellfish in any of
the waters of the State, or waters under the jurisdiction of this State,
he shall be fined not less than five hundred dollars nor more than two
thousand dollars for each offense. Where the penalty is incurred by
reason of the defendant being a nonresident, the burden of proof as to
his residence shall be on him. (Section 3254.)

Section 3224. Who deemed nonresident ; proviso.—No person shall
be deemed a resident of this State within the meaning of this chapter
who is not a taxpayer in the State, and shall not have maintained his
residence therein for one year and actually resided therein for the four
months next preceding the time when he makes application for any
privileges or licenses granted to residents under this chapter; or unless
he be a bona fide purchaser of land in this State and has actually lived
within this State for the four months next preceding the time when
he makes application for any privileges or licenses granted to residents
under this chapter; provided, no restriction as to residence in this
section shall prevent any person from obtaining license when required
for buying fish or shellfish, or for the shucking of oysters; provided,
further, that in dredging or scraping private planting grounds on
permission of the Commission the restriction as to residence in this
section shall not prohibit the having of nonresidents as crew for any
boat used in the fish or shellfish industry, if such boat be owned wholly
by a resident or residents of Virginia, and also has for its master a
resident as defined in this chapter. (Section 3255.)

Section 3225. Jurisdiction of justice and court——Any proceeding
under any section of this chapter or the next two preceding chapters
may be before a trial justice in the county wherein, or in any county
next adjacent to the waters in which the offense was committed.
(Section 3256.)

Section 3226. Baylor survey; surveying and re-surveying planting
grounds and marking lines——The survey or surveys of the natural
oyster beds, rocks and shoals of the Commonwealth, made in pur-
suance of an act of the General Assembly of Virginia, entitled an act
to protect the oyster industry of the Commonwealth, which act was
approved on the twenty-ninth day of February, eighteen hundred and
ninety-two, and acts amendatory thereof, or supplemental thereto, shall,
until otherwise provided by law continue to be held in all respects to
be the survey or surveys defining and determining the natural oyster
beds, rocks and shoals of the Commonwealth; and surveys and reports
filed in accordance with the acts aforesaid shall be construed in all the
courts of the Commonwealth to be conclusive evidence of the bound-
aries and limits of all the natural oyster beds, rocks and shoals lying
within the waters of the counties wherein such surveys and reports are
so filed, and further, that there are no natural oyster beds, rocks, or
shoals lying within the waters of the counties wherein such reports
and surveys are filed other than those embraced in the surveys author-
ized by the acts aforesaid.

The Commission of Fisheries is hereby authorized and empowered
to select and appoint, on such terms as may be agreed upon, any sur-
veyor or surveyors, to survey, or resurvey, any oyster-planting grounds,
either in his own or any other county, and to re-establish and per-
manently mark any line or lines of the said Baylor survey, of natural
oyster rocks, which, in the judgment of the Commission of Fisheries,
it may be necessary to define; or an application may be made to the
Commission of Fisheries by ten citizens of the county to have any
line or lines of the Baylor survey re-established and permanently
marked, provided a bond and security be given to the Commission of
Fisheries that the applicants will pay all costs for surveying and mark-
ing; and provided, further, that ten days’ notice of such survey shall
be given to all parties whose legal oyster tenures might be directly
affected thereby; and if it shall turn out that it was not necessary, in
the opinion of the Commission, to have said line or lines re-established,
then all costs of the survey and marking shall be borne by the ap-
plicant; but if it shall appear that the Baylor survey had been en-
croached upon, then the cost shall be borne by the Commission of
Fisheries and the bond given be void. (Section 3257.)

Section 3227. Placing permanent markers—Whenever any surveys
or re-surveys of the public oyster rocks of the Commonwealth of Vir-
ginia are hereafter made by or under the direction of the Commis-
sion of Fisheries, prominent and permanent concrete markers shall
be placed on the shores fixing the survey stations, and whenever pos-
sible prominent and permanent range markers shall be placed on the
shores or lands, the cost of same to be paid by the Commission of
Fisheries. (Section 3257a, Acts 1928, p. 775.)

Section 3228. Declaring Russ’ Rock and Little Carter’s Rock in
Rappahannock River natural oyster rocks—AIl of Russ’ Rock and
Little Carter’s Rock be, and the same are hereby, declared to be
natural oyster rocks, beds and shoals and unassignable to any person
for private use, in the same manner and to the same extent as if the
same had been embraced within the original Baylor survey; and the
Commissioner of Fisheries is hereby directed as soon as practicable to
have said natural oyster rocks, beds and shoals properly and accurately
surveyed and a plat of said survey, recorded in the clerk’s office of
Richmond and Essex counties. The expense of making said surveys
and recording said plat shall be paid by said Commissioner of Fisheries
out of the general oyster funds of the State, and the said natural
oyster rocks, beds and shoals shall henceforth be exempt from assign-
ment to any person. (Section 3257-b, 1918, p. 101.)

Section 3229. Prohibiting leasing certain bottoms in Rappahannock.
—No part of the bottom of the Rappahannock River, lying in or near
the center of said river, and running from the mouth of said river
to and including Morattico bar, which is now designated on the Baylor
survey and on re-surveys thereof as assignable bottom, and which is
commonly known as “deep water planting grounds,” shall be subject to
lease or assignment, and that said bottom be, and is hereby declared to
be, and made a part of the public oyster beds, and rocks of said river.
(Sections 3257c, Acts 1926, p. 671.)

Section 3230. Declaring certain grounds in Mobjack Bay natural
oyster rock.—The following grounds in Mobjack Bay, in the county
of Gloucester, to-wit: First, a lot of oyster-planting ground containing
two hundred and eighteen and seventy-five-one-hundredths acres sur-
veyed by Fred E. Reudiger, civil engineer, and assigned to F. W.
Darling by George B. Taliaferro, oyster inspector, by an assignment
recorded in oyster plat book number four, page thirty-one, in the
clerk’s office of Gloucester county, Virginia; second, those portions of
a lot of oyster ground surveyed by Fred E. Reudiger, civil engineer,
and assigned to J. Weymouth by George B. Taliaferro, oyster inspector,
by his assignment recorded in oyster plat book number four, page
thirty-five, in the clerk’s office of Gloucester county, Virginia, and of
a lot of oyster ground surveyed by Fred E. Reudiger, civil engineer,
and assigned to S. J. Watson by George B. Taliaferro, oyster inspector,
by an assignment recorded in oyster plat book number four, page thirty-
one, in the clerk’s office of Gloucester county, Virginia, which said
two portions of the two said plats adjoin the two hundred-and-eighteen-
and-seventy-five-one-hundredths acre lot of oyster ground, above de-
scribed, which was assigned to F. W. Darling and which said portions
are cut off from the residue of the said Weymouth and Watson lots
of oyster ground, above described, by a line beginning where the
boundary of J. Weymouth’s ground, which runs north forty-seven
degrees, thirty-two minutes east, seventy-eight and sixty-one hun-
dredths chains, intersects the boundary of F. W. Darling’s ground,
which runs south forty-two degrees east, thirty chains, and from this
point of intersection running south forty-two degrees east, until it inter-
sects with the line of S. J. Watson’s ground, which runs south fifty-
one degrees twenty-six minutes west one hundred and thirteen and
seventy-nine-one-hundredths chains. (These portions of the said Wey-
mouth and Watson lots of oyster ground are cut off by the boundary
line hereinbefore described without regard to acreage thereof. The
acreage is estimated not to exceed fifty acres), shall be regarded,
deemed, and taken to be natural oyster rocks, beds, and shoals as fully
and effectually to all intents and purposes as if the same had originally
been included within the limits and boundaries of the Baylor Survey
of the natural oyster rocks, beds, and shoals in the waters of the Com-
monwealth, and subject in all respects to the laws of the State in rela-
tion to natural oyster rocks, beds, and shoals, and the taking of oysters
therefrom, but subject, also, to the existing rights of any lessees of
said ground, if there be any such right. (Section 3257g, Acts 1928,
p. 1148.)

Section 3231. To prohibit the planting of oysters in a certain part
of Assawoman Creek in Accomac County.—It shall not be lawful
for any person to plant oysters in the part of the south branch of
Assawoman Creek, in Accomac County, known as Great Gut Beach,
and extending east from Horse Gut to eastern mouth of Bemis Gut.
Any person violating the provisions of this act shall be fined not less
than twenty-five nor more than fifty dollars. (Section 32571.)

Section 3232. Commission to compel attendance of witnesses.—
The Commission of Fisheries, in any matter before it for consideration,
may compel the attendance of all needed witnesses by summons, rules,
and attachments, in like manner as a circuit court, save that said
Commission shall not have the power of imprisonment. And in taking
evidence, said Commission or any member thereof shall have the power
to administer oaths to witnesses. (Section 3258.)

Section 3233. Unlawful to threaten or hinder surveyor; rights of
surveyor.—It shall be unlawful for any person or persons to threaten,
resist, or in any manner interfere with a surveyor in the performance
of the duties imposed upon him by the provisions of the law relating
to oyster grounds. And in the performance of any such duties said
surveyor shall have the right to enter upon the lands of any person or
persons for that purpose. (Section 3259.)

Section 3234. Lawful for certain persons to take oysters, etc.,
and wild water fowl for certain purposes.—It shall be lawful for the
Commission of Fisheries, or any person or persons authorized: by it
to take fish, or shellfish, or wild water fowl in any way at any time,
from any of the public waters of the Commonwealth, or waters under
the jurisdiction of the Commonwealth, as they deem best for the pur-
pose of propagation or distribution, in promoting the industry by way
of experiment or exhibition. (Section 3260.) °

Section 3235. Police fleet; fund to police certain waters.—The
police fleet shall consist of the various boats now operated by the Com-
mission of Fisheries, with such additions or changes as the Commis-
sion may from time to time make, either in accordance with special
enactment of the General Assembly or by reason of the general powers
conferred upon it by law. (Section 3261.)

Section 3236. Proceeds of forfeited vessels, etc. ; how disposed of —
Any money collected from the sale of any forfeited vessel or other
property under this chapter or the next two preceding chapters shall
be paid into the treasury of Virginia and placed to the credit of the
Commission of Fisheries. (Section 3262.)

Section 3237. Names of boats to be kept in plain view; penalty.—
If the master or person in charge of any boat, registered for any
purpose under this chapter, or the next two preceding chapters, or
licensed to engage in fisheries of any sort, fail to keep the name of
such boat and number of license under which it is operated in plain
view and in the position prescribed, or if he in any way conceal
such name or number, he shall be fined not less than ten nor more
than one hundred dollars. (Section 3263.)

Section 3238. Resistance to officer or authorized person by threats,
etc. ; penalty—Any person found guilty of resisting or impeding an of-
ficer or other person authorized to make arrests, seizures, examina-
tions, or other performances of duties under this chapter or the next
two preceding chapters, shall be fined not less than fifty nor more than
five hundred dollars; and if any person by threat, force, or display of
firearms or other weapons resist or attempt to prevent arrests, seizures,
examinations, or other performances of duties by said officer or other
person, he shall, upon conviction thereof, be confined in jail not ex-
ceeding thirty days, and fined not less than one hundred nor more than
one thousand dollars, or either or both. (Section 3265.)

Section 3239. Who may make arrest or seize vessel—Any member
of the Commission of Fisheries, all inspectors, and other officer in the
service shall have authority, with or without warrant, to arrest any
person and seize any vessel, boat, craft, motor vehicle, or other con-
veyance used in violating any of the provisions of this chapter, or
the next two preceding chapters, together with the cargo of such
vessel, boat, craft, motor vehicle, or other conveyance; and they shall
have the same authority as constables have to summon the possee comi-
tatus to aid them in making such arrest and seizure; and any vessel,
boat, craft, motor vehicle, or other conveyance, together with the cargo
so seized, when not forfeited to the Commonwealth in proper pro-
ceedings, may be held by the inspector or other official who made the
seizure, or in whose district the same was seized, until the accused has
paid the penalty of his offense, if upon trial he is found guilty, or has
settled the amount agreed upon without trial, or has upon trial been
acquitted, as the case may be. (Section 3266.)

Section 3240. Penalty for failure to perform duty.—For the
failure of any officer or other person to perform any duty required
of him by any provision of this chapter, or the next two preceding
chapters, or for violation of any of its provisions for which no speci-
fied penalty is prescribed, such officer or person shall be fined not less
than twenty-five nor more than one thousand dollars. (Section 3267.)

Section 3241. Payment of costs and expenses; court to approve.—
All necessary costs and expenses that have accrued or may accrue in
the execution of the fish or shellfish laws of this Commonwealth, where
no provision is now made by law for the payment of the same, shall
be paid by the Comptroller, when the circuit court of the county where
the costs and expenses accrue shall certify the necessity and the reason-
ableness of the same, referring also to the law under which the cer-
tificate is made; such sum as paid by the Comptroller to be charged
against the general fund of the Commonwealth, and not in anywise to
be charged against the fund of the Commission of Fisheries. (Section
3268. )

Section 3242. Right to build bulkhead or wharf to navigable
waters; notice to lessee of planting ground.—All assignments or leases
of oyster grounds under this chapter shall be subject to the rights
vested in riparian claimants under section thirty-one hundred and
ninety-two and also to this proviso and condition, namely; that any
landowner desiring to erect a bulkhead or wharf in front of his prop-
erty or to open a channel to reach water of navigable depth or the
channel of the stream, or for other purposes, and is not already a
lessee or riparian holder of suitable bottoms for that purpose, such
landowner shall have the right to give the lessee or other holder of oys-
ter grounds in front of his property twelve months’ notice of such
intention ; and upon the expiration of that time, the rights of the lessee
or holder of so much of said oyster grounds as shall be reasonably
needed for the building or bulkhead or wharf or channel shall cease;
but if such bulkhead, wharf or channel be not commenced as specified
in such notice within three months after such oyster grounds shall be
vacated, then the former lessee or holder of such oyster grounds shall
have the right to resume possession of such oyster grounds as he may
have vacated in favor of such landowner, subject to the provisions of
this chapter. (Section 3269.)

Section 3243. Definitions of words in this chapter—Whenever the
words “Commission” and “Commissioner” occur in any provision of
this chapter, or the next two preceding chapters, they shall be taken
to mean “‘Commission of Fisheries” and ‘“‘Commissioner of Fisheries,”
respectively ; and whenever the designation “Board of Fisheries” occurs
in any statute, it shall be taken to mean “Commission of Fisheries.”
(Section 3270.)

Section 3244. Plats of oyster-planting grounds endorsed “aban-
doned” under certain conditions; renting of such grounds.—Each in-
spector shall post on the first day of February, or within ten days
thereafter each year, a full list of the parcels of leased bottoms rented
out in his district on which rent has not been paid, giving the names
of the renters, the number of acres, location of same, and in what
waters located. This list shall be posted at the courthouse of the county
or city and at three public places in his district for sixty days, calling
upon the said parties to come forward and pay rent; and after the ex-
piration of the sixty days the inspector shall then report to the Com-
mission of Fisheries all bottoms on said list on which rent has not
been paid. Upon receipt of said list, the said Commission shall adver-
tise the respective bottoms on said list to be sold at public auction to
the highest bidder, together with the oysters thereon, for a period of
not less than ten days, said notice of sale to be posted at the courthouse
of the county or city and at three public places in the district in which
the particular bottoms are located. Should there be no bid for the
bottoms or any part thereof, together with the oysters thereon, the said
bottoms may be rented by the Commission of Fisheries under the provi-
sions of this chapter. (Section 3271.)

Section 3245. Taking oysters for conversion into lime.—No person
shall take or catch oysters or shells in any of the waters within the .
jurisdiction of this State for the purpose of converting the same into
lime. Any person violating this section shall be fined fifty dollars for
every hundred bushels so converted. (Section 3272.)

Section 3246. Penalty on inspector for neglect of duty as to sealing
and inspecting; destruction of unauthorized measures.—If any inspec-
tor fails to comply with the requirements for inspecting and sealing, he
shall be fined twenty dollars for each offense. If an inspector has rea-
son to believe that other measures are used on board any vessel or
craft than such as are hereinbefore prescribed, he shall seize and de-
stroy said measures. (Section 3273.)

Section 3247. Roughing oysters.—I{ any person rough oysters, or
catch or take them without culling from the natural oyster beds, rocks
or shoals in any waters of the Commonwealth, or any waters within
the jurisdiction of the Commonwealth, he shall be deemed guilty of
larceny thereof, and upon conviction be punished by confinement in
jail not less than three months nor more than six months, and fined
not less than ten nor more than one hundred dollars, for each offense,
either or both. (Section 3274.)

Section 3248. Forfeiture of vessels, boats, etc., with their cargoes;
disposition of proceeds of sale upon condemnation.—Any motor ve-
hicle, vessel, boat, or other conveyance, its tackle, apparel, anchors,
cables, sails, rigging, and appurtenances, and any dredge, scrape, or
other instrument used in violating any of the provisions of this chapter
or the next two preceding chapters, shall, together with the cargo of
such motor vehicle, vessel, boat, or other conveyance, be forfeited to
the Commonwealth, and upon being condemned as forfeited in pro-
ceedings under chapter one hundred and thirty-one, the net amount
realized from the condemnation shall be paid by order of the court to
the clerk of the county in which the proceedings are had, who shall
forthwith pay the same, into the treasury of the State to the credit of
the Commission of Fisheries. The clerk of the court in which such
order is made shall transmit a certified copy thereof as soon as it is
made to the Comptroller, and to the Commissioner of Fisheries. (Sec-
tion 3275.)

Section 3249. Police force to aid inspectors——Each inspector may
designate not exceeding twelve citizens, residing within the limits, of
his district, who, when approved by the circuit court of any county
embraced in his district, shall constitute a police force to aid him in
enforcing the provisions of this chapter. (Section 3276.)

Section 3250. Inspector or justice may issue warrant of arrest
and seizure.—Where a proceeding is instituted for the violation of
any section of this chapter, or the next two preceding chapters, an
affidavit of such violation may be made before an inspector, a justice,
or a trial justice, and upon such affidavit the inspector, justice, or trial
justice may issue his warrant for the apprehension of the offender
and the seizure of any motor vehicle, boat, vessel, or other conveyance
declared forfeited by second next preceding section. (Section 3277.)

Section 3251. Proceedings, where property is seized—Any prop-
erty seized under authority of any of the provisions of this chapter,
or the next two preceding chapters, shall be held to await the proceed-
ing by information prescribed by chapter one hundred and thirty-one ;
and upon such seizure being made, the officer or other person making
the same shall forthwith give notice thereof to the Commonwealth’s
attorney whose duty it is to file such information. (Section 3279.)

Section 3252. Prohibiting possession of dredges or scrapes while
taking oysters or clams with tongs in Pocomoke Sound.—lIt shall be
unlawful for any person or persons to have on his or their boat, or
in his or their possession, a dredge or scrape while taking oysters or
clams with ordinary or patent tongs on the natural rocks or clamming
bottoms in Pocomoke Sound; and the possession of such dredge or
scrape while taking oysters or clams as aforesaid shall be taken as
prima facie evidence of his intention to violate the oyster laws of this
Commonwealth. Any person violating the provisions of this section
shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined in the sum of fifty dollars. (Section 3280.)

Section 3253. Examination, analysis, and inspection of fish and
shellfish packing houses and other places at which fish or shellfish are
sold for market——For the purpose of protecting the fish and shellfish
industries of the State of Virginia, as well as the public health of the
country, and preventing the sale of fish and shellfish which are deemed
unfit for market, the Health Commissioner of this State is hereby
directed in his discretion, or at the request of the Governor, or the
Commissioner of Fisheries, to make an examination or analysis of the
fish and shellfish by either of the aforesaid officers, whether on the
planting grounds, in packing house, or in any other place or places in
this State, from which such fish and shellfish are to be taken or sold
for food purposes. And the Health Commissioner in making such
examination of oyster-packing houses or other places so designated
shall examine as well not only the fish and shellfish therein, but the
packing houses and plants wherein they are handled, as well as the
sanitary conditions surrounding the same.

The Commissioner of Fisheries and the Health Commissioner shall
prepare, recommend, and present to the Governor a plan for the estab-
lishment of a laboratory for the study of, and experimentation with,
fish and shellfish of Virginia, and the employment of a biologist, in
order to effectually develop and conserve the seafood industry. When,
and if, the money be available for this purpose, out of funds segregated
by law to the seafood industry, and not otherwise appropriated, the
Governor is authorized to establish such laboratory and employ such
biologist, and locate same at such institution or place as in his judg-
ment will most effectually accomplish the purpose of this law. (Sec-
tion 3281.)

Section 3254. Powers of State Health Commission as to unsan-
ity packing houses, and grounds on which fish or shellfish are unfit
for market—When the Health Commissioner is satisfied, as a result
of an examination, analysis, or inspection, made pursuant to the pre-
ceding section that the shellfish upon such ground, or in such packing
houses, or crab meat in packing houses or other places where they are
sold, or offered for sale, as in the preceding section described, are unfit
for market; or that such packing house or other place is so unsanitary
as to render it an unfit place in which to prepare fish, shellfish, or crab
meat for market, he shall notify the Commissioner of Fisheries, and
the owner or operator of such grounds, packing house, or other place
of such fact.

Upon receipt of such notice, the owner or operator of such grounds,
packing house, or other place shall cease to take shellfish from such
grounds, except as is hereinafter provided, and shall cease to prepare
for market, or to sell, or offer for sale, or to dispose of, in any
manner fish, shellfish, or crab meat in such packing houses or other
place, as herein mentioned, until the cause for such notice shall have
been removed or relieved to the satisfaction of said Health Commis-
sioner.

And the said Health Commissioner may establish, alter, and change,
in his discretion, at any time, standards which shall control the mar-
keting of fish, shellfish, and crab meat; and he shall be the sole judge
as to whether or not such fish, shellfish, and crab meat are fit for
market, and also of such standards.

Section 3255. When from the examinations provided for in the
next preceding section the Health Commissioner is satisfied that the
shellfish upon any ground in this State are unfit for market, he shall
in collaboration with the Commissioner of Fisheries, cause the limits
or boundaries of such area upon which such shellfish are located or
planted to be condemned, and to remain so until such time as the
Health Commissioner shall find such shellfish relieved from the con-
dition existing at the time of such examination and fit for market.
(Section 3282.)

Section 3256. Shellfish unfit for market, not to be removed from
grounds.—When it shall be determined by the Health Commissioner
that the shellfish upon any ground in this State are unfit for market,
and the owner of such ground has been notified of that fact by the
Health Commissioner, or the Commissioner of Fisheries, or such
ground has been condemned as provided in the next preceding sec-
tion, it shall be unlawful for any person, firm, or corporation to take
shellfish from such area, for any purposes except as provided in the
next two succeeding sections. (Section 3283.)

Section 3257. Permit for removal of shellfish—When shellfish
located upon any private ground, under lease or deed, have been
condemned as hereinbefore provided, and the owner or owners thereof
desire to remove them to another area, where they may be cleaned
and made fit for market, such shellfish may be removed for such
purpose, provided that the owner or owners shall fist secure a permit
from the Commissioner of Fisheries, in writing; and said Commis-
sioner is hereby authorized to grant such permit, in his discretion,
under such rules and regulations as he may prescribe.

When such shellfish have been removed under such a permit, it
shall be unlawful to dispose of same for market in any manner until
the Health Commissioner has declared them to have passed exam-
ination and tests satisfactory to him, and the Commissioner of Fish-
eries notified thereof. (Section 3284.)

Section 3258. Permit for removal of shellfish from publié
grounds.—When shellfish located upon public grounds belonging to
the State are found to be unfit for market, as hereinbefore provided,
they may be removed by those holding tongers’ licenses for ordinary
tongs from said public grounds upon permits granted by the Com-
missioner of Fisheries, in his discretion, but only during the period
from May first to August fifteenth, and only for the purpose of
transferring such shellfish to areas where they may be cleansed and
made fit for market. When such shellfish shall have been so re-
moved, as provided in this section, it shall be unlawful to again
remove them until they have been declared by the Health Commis-
sioner, in writing, to have passed examinations and tests satisfactory
to him. (Section 3285.)

Section 3259. Unlawful removal of shellfish from _ polluted
water.—It shall be unlawful for any person, firm, or corporation to
have in their possession, to store, to sell, or to offer for sale any
shellfish which have been unlawfully removed contrary to the pro-
visions of the next two preceding sections. (Section 3286.)

Section 3260. What officers charged with the enforcement of
the six preceding sections may do; penalties and disposition of
fines.—For the purpose of carrying out the provisions of the six
preceding sections, the Health Commissioner and the Commissioner
of Fisheries, and such agents or assistants of either of the said
Commissioners as are now or may be hereafter appointed may enter
upon premises located in the State of Virginia, or upon any boat,
vessel, barge, car, motor vehicle, or other conveyance, wharf, packing
or shucking house, store, stall, or other place where oysters, clams,
crab meat, or scallops may be found, and if it appears that the
provisions of said sections, or any of them, have been violated, may,
with or without a warrant, arrest any person or persons who are or
who have been, or who are believed to be or have been, in charge
of such oysters, clams, crab meat, or scallops, and may seize, in the
name of the Commonwealth of Virginia, and take possession of such
oysters, clams, crab meat, or scallops, and may seize and take pos-
session of any boat, vessel, barge, car, motor vehicle, or other con-
veyance used in violation of the provisions of said sections, together
with the cargo of any such boat, vessel, barge, car, motor vehicle, or
other conveyance, which may be held till the accused has paid the
penalty for his offense, if upon trial he is found guilty, or has upon
trial been acquitted, as the case may be. Any person or persons
impeding, hindering, or interfering with the said Commissioners, their
agents, or assistants, or persons appointed by them, or either of them,
in the discharge of their duties in carrying out the provisions of
said sections, and any person, persons, firm, or corporation who shall
violate any of the provisions of said sections shall be guilty of a
misdemeanor, and upon conviction shall be fined not less than twenty-
five dollars for the first offense, and for any subsequent offense not
less than fifty dollars, or may be punished by imprisonment not ex-
ceeding one year, or both, in the discretion of the court or trial jus-
tice trying the case. Any fine assessed and collected hereunder shall
be paid into the treasury of this State, as in the case of all other fines
imposed, and collected for violation of the sections of this chapter;
and in addition to the penalties herein provided, the shellfish taken
from such areas contrary to the provisions of said sections shall be
forfeited to the Commonwealth. (Section 3287.)

Section 3261. Who to enforce seven preceding sections; rules
and regulations; duty of Commonwealth’s attorney—The Health
Commissioner and the Commissioner of Fisheries of this State are
hereby charged with the enforcement of the provisions of the seven
preceding sections; and for the purpose of carrying out their pro-
visions, they are hereby authorized to make uniform rules and reg-
ulations, and it shall be the duty of the attorney for the Common-
wealth, to whom they or either of them shall report any violation of
said sections, to cause proceedings to be commenced and prosecuted,
without delay, for the fines and penalties in such cases provided.
(Section 3289. )

Section 3262. For the preservation of the waters in certain local-
ities, and to prevent injuries to oyster beds therein—It shall be
unlawful for any person, firm, or corporation to construct any build-
ing for the disposal of human wastes, or excrements, or to lay sewer
pipes or stable drains on the shore, so that the drainage from such
sewer pipes or stable drains shall mingle with the waters of Lynn-
haven River, or either branch thereof, or any of the waters in which
shellfish areas have been approved by the State Health Commission,
in the Counties of Accomac, Northampton, Northumberland, Middle-
sex, Mathews, or on the shores of Chuckatuck Creek in Nansemond
and Isle of Wight Counties, or Bennett’s Creek in Nansemond
County, or Carter’s Creek in Lancaster County, or Wallace Creek in
Elizabeth City County, or Back River and its tributaries in the Coun-
ties of Elizabeth City and York, or to throw, or cause to be thrown,
any dead animal, or animals, fowl, or fowls, in any of the waters or
areas mentioned above.

2. Any person, firm or corporation, violating the provisions of
this section shall be guilty of a misdemeanor, and upon conviction
thereof shall be fined not less than five dollars, nor more than one
hundred dollars for each offense.

3. Any person, firm or corporation in the above mentioned local-
ities who shall maintain a building or sewer pipes, as above described,
after being notified by the Health Commissioner to abate or remove
same shall be guilty of violating this section for each day the struc-
ture or sewer pipe is allowed to remain, or be used.

Section 3263. Protection of oysters and clams in Lynnhaven
River, and Chincoteague Island—lIt shall be unlawful for any per-
son, firm, or corporation to pack, sell, distribute, or designate as
Lynnhaven oysters and Lynnhaven clams, except such oysters and
clams as have actually been in the waters of the Lynnhaven River,
Princess Anne County, Virginia, for a period of at least twelve
months prior to the selling or distributing of the same; or to use
any package or container for the purposes abovementioned in which
oysters and clams may be placed unless the said package or container
contains oysters or clams taken from the waters of the Lynnhaven
River, in accordance with the foregoing privisions, or to pack, sell,
distribute or designate any oysters or clams as Chincoteague oysters
and Chincoteague clams unless such oysters and clams have actually
been taken from the waters included within the area, beginning at a
point on the mainland on the Virginia-Maryland line, thense east-
wardly along such line to the Atlantic Ocean, thence southwardly to
the southern end of Boggs Bay, thence to the outer mouth of Cat
Creek, thence to the mainland, thence northwardly to the point of
beginning, after having actually been in such waters for a period of
at least six months prior to such packing, selling, distribution or
designation. Any person, firm, or corporation violating any of the
provisions of this section shall be deemed guilty of a misdemeanor,
and upon conviction thereof be fined the sum of one hundred dollars
for each offense. (Section 3291.)

Section 3264. It shall be unlawful for any person to bring or
have imported into this State, any unopened oysters of any other
species than that scientifically known as Ostrea Virginia. Any per-
son violating the provisions of this section shall be guilty of a
misdemeanor. (Section 3291a.)

Section 3265. Licenses to take crabs; amount of tax; restrictions
on privilege; display of license number and letters—Any resident of
this State desiring to take or catch crabs for market or profit from
the waters of this Commonwealth, or waters under the jurisdiction of
this Commonwealth, by any of the means hereinafter mentioned or
any person desiring to engage in the business of buying or marketing
crabs for picking or canning the same in any way, shall pay to the
oyster inspector of the district in which he resides the following taxes:

(1) For each person taking or catching soft crabs otherwise
than by dip nets or hard crabs, or peelers, with net, ordinary trot
line, hand rake, or hand scrape, pushed or pulled, two dollars and
fifty cents; provided that no boat shall be used to pull or push any
rake or scrape except as provided for in subsections three and four
of this section.

(2) For each person taking or catching crabs with patent trot
lines, ten dollars and fifty cents; provided, no steam or motor boat
shall be used in the taking or catching of soft crabs; provided, fur-
ther, that it shall be unlawful for any person to use ordinary trot
lines, or patent trot lines, for the taking or catching of crabs, in the
waters of Wormley’s Creek, which flows into the York River, or
Moore’s Creek, Jackson Creek, or Broad Creek in the county of Mid-
dlesex.

(3) For each sail boat to be used 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 for the purpose of taking or
catching hard crabs with scrapes or tongs, five dollars and fifty
cents.

(4) For each power boat over thirty-two feet in length used for
the purpose of taking or catching hard crabs with scrapes or dredges,
twenty-six dollars.
(5) For each picking or crating house, eleven dollars.

(6) For each canning and packing house, twenty-six dollars.

(7) For each boat used in buying crabs, or for each person or
firm engaged in marketing hard crabs by barrel or crate, five dollars
and fifty cents; but no person who is licensed to catch crabs shall be
required to procure further license for marketing or shipping his own
catch. Any person who has procured a license for a boat under sub-
section five hereof shall have the privilege of using said license for
the purpose of taking hard crabs with patent trot lines or with any
other device allowed to be used under this section for the remainder
of the season in which the license was issued during the season not
prohibited by law.

(8) No scrapes or dredges shall be used for catching crabs be-
tween the first day of April and the first day of December of any
year; nor shall scrapes or dredges be used at any time of the year in
any of the rivers, or their estuaries, inlets, or creeks for the purpose
of taking crabs. This subsection shall not apply to the waters of
Chesapeake Bay or Hampton Roads, and the eastern or ocean side
of Accomac and Northampton counties. This sub-section shall not
apply to the taking or catching of soft crabs or the crab known as
the “Peeler” crab.

(9) It shall be unlawful for any person to catch, take, or have
in possession at any time a hard crab which shall measure less than
five inches across the shell from tip to tip of spike, except the crab
commonly known as the peeler crab, nor any buckram (a paper shell
crab) or any soft crab measuring less than three and one-half inches
from tip to tip of spike, nor any peeler measuring less than three
inches from tip to tip of spike; or to destroy them in any manner,
but shall immediately return same to the water alive when taken out
of said net or scrape.

(10) A peeler crab, for the purposes of this section shall be a
crab that has a soft shell fully developed under the hard shell, or a
crab on which there is a pink or white line or rim on the edge of that
part of the “back fin” next to the outer section of this fin.

(11) It shall be lawful for any person holding the proper license
to take or catch “sponge” crabs from any of the waters of this State,
or any of the waters under the jurisdiction of this State, from the
first day of April to the thirtieth day of June, both inclusive, in any
year; provided, however, that the Commissioner of Fisheries may,
when he deems it in the interest of conservation, close or shorten the
season for taking sponge crabs as herein defined, after giving fifteen
days’ notice of his intention so to do, such notice, in writing, to be
posted at the office of the said Commissioner, and a copy thereof
mailed to each inspector.

(12) In licensing a person for taking crabs with boat the inspec-
tor shall cause to be placed at a conspicuous point on the starboard
side of such boat, or on the mast thereof, a number. Said number
or numbers shall be kept displayed during the crabbing season by the
master of the boat.

(13) Any person failing to comply 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. Pro-

vided, however, that nothing in this section shall apply to anyone

were or catching crabs for immediate household use. (Section
)

Section 3266. License tax for taking clams or scallops; penal-
ties——Every person engaged in the business of buying, marketing and
shipping scallops or clams shall for such privilege, on or before
October first of each year, pay to the inspector of the district in
which such person does business, a license tax per year as follows:
less than twenty thousand scallops or clams per year, two dollars and
fifty cents; from twenty thousand to fifty thousand scallops or clams
per year, five dollars and fifty cents; from fifty thousand to one
hundred thousand scallops or clams per year, ten dollars and fifty
cents; over one hundred thousand scallops or clams per year, twenty
dollars and fifty cents. Any person found guilty of making false
report to an inspector as to the number of scallops or clams he has
handled for market when obtaining license under this section, or any
person failing to comply with the requirements of this section or of
the preceding section, or of violating any of the provisions of either
section, shall be fined not less than ten nor more than two hundred
dollars; and if any person shall have in his possession any oysters
while taking or catching clams or scallops during the season in which
it is not lawful to take or catch oysters from the natural rocks, beds,
or shoals, he shall be prima facie guilty of violating the law against
taking or catching oysters therefrom during such season, and upon
conviction, the penalty shall be the same as for taking or catching
oysters from the natural rocks, beds, or shoals during the prohibited
season. (Section 3294.)

Section 3267. Public clamming or scallop grounds ; Commission
of Fisheries—Any ground in the waters of this Commonwealth not
assigned to any one for planting or bathing purposes may be, on
application of twenty or more citizens to the oyster inspector of the
district in which the land lies, laid off and designated as public
clamming or scalloping grounds; or the Commission of Fisheries
may do so without such petition if in their judgment it is expedient,
provided in the opinion of the Commission of Fisheries no oyster
interests will suffer thereby and the clams or scallops are of suffi-
cient quantity for a person to realize at least two hundred and twenty
five clams or one and one-half dollars per day catching and taking
clams or scallops from said ground, and, if laid off, the Commission
of Fisheries shall have the metes and bounds of said ground accu-
rately designated by proper and suitable stakes, and also have a
plat made of same, to be recorded in the clerk’s office of the county
wherein the ground lies, all costs of surveying, platting and recording
to be paid by the applicants; and said ground shall be set apart and
remain as public clamming or scalloping ground for the common use
of the citizens of this State so long as the said commission may deem
best, and shall not be assigned to anyone during such period. (Sec-

tion 3295.)
Section 3268. Catching of scallops; designations of public scallop
grounds; punishment for violation of section —It shall be lawful for
any person, who has been duly licensed according to law, to take or
catch scallops with scrapes, from the public grounds of the Common-
wealth, to take and catch scallops, by any means from such grounds
between the fifteenth day of November of each year and the fif-
teenth day of April of the succeeding year, inclusive; but it shall be
unlawful to take or catch scallops by any means whatsoever between
the fifteenth day of April and the fifteenth day of November of any
year. For the privilege of taking scallops, there shall be paid to the
inspector of the district in which he resides a license tax of two dol-
lars and fifty cents per year, which shall include the privileges of
marketing and shipping scallops so taken or caught. ‘The inspector
shall furnish each such licensee with a metal ring, having an inside
measurement of one and three-quarter inches; and it shall be unlaw-
ful for any person to take, catch, or have in his possession scallops
of a size smaller than one and three-quarter inches, which will pass
through said metal ring.

(2) Any ground in the waters of this Commonwealth not assigned
to anyone for planting or bathing purposes, may, on application of
twenty or more citizens to the oyster inspector of the district in which
the land lies, be laid off and designated as public scallop grounds; or
the Commission of Fisheries may do so without such petition if in
its judgment it is expedient; provided, in the opinion of the said
Commission no oyster interests will suffer thereby, and the scallops
are of sufficient quantity for a person to realize at least three dol-
lars per day catching and taking scallops from said ground, and, if
laid off, the Commission of Fisheries shall have the metes and bounds
of said grounds accurately designated by proper and suitable stakes,
and also have a plat made of same, to be recorded in the clerk’s
office of the county wherein the ground lies, all costs of surveying,
platting and recording to be paid by the applicants; and said grounds
shall be set apart and remain as public scallop ground for the com-
mon use of the citizens of this State so long as the said commission
may deem best, and shall not be assigned to anyone during such
period. Provided, however, that any person who has procured an
oyster and/or clamming license shall have the privilege of taking
and catching scallops under said license.

(3) Any person violating any provision of this section shall be
deemed guilty of a misdemeanor, and upon conviction thereof, be
fined not less than twenty-five dollars, nor more than one hundred
dollars, and be confined in jail not less than ten days nor more than
six months. (Section 3296a.)

Section 3269. Unlawful to soak or swell scallops—It shall be
unlawful for any person, firm, or corporation to soak or swell any
scallops, or to sell or offer for sale, or to have in his or their posses-
sion, any soaked or swelled scallops, either shucked or in shell.

Any person, firm, or corporation violating the provisions of this
section shall be deemed guilty of a misdemeanor, and shall be fined
not less than twenty-five dollars nor more than one hundred dollars
for each offense, and have his or their certificates of inspection from
the State Health Commissioner withdrawn at the discretion of the
State Health Commissioner or his authorized agents. (Section
3296b ; Acts 1930, p. 88.)

Section 3270. Protection of terrapins—If any person after the
first day of May and before the fifteenth day of August of any year
shall take terrapins, or take or disturb terrapin eggs, in the waters
of the Counties of Accomac, Northampton, Northumberland, West-
moreland, Lancaster, Richmond, Essex, Isle of Wight, Surry, Eliz-
abeth City, Warwick, York, James City, New Kent, and Charles
City, or shall have terrapins in his possession, or shall buy or offer
them for sale in said counties, he shall forfeit two hundred dollars,
and shall also be guilty of a misdemeanor. And if any person after
the first day of May and before the fifteenth day of August of any
year shall take terrapins with a seine, net, or weir in the counties
aforesaid, he shall forfeit his boats, seines, and nets, and shall also
be guilty of a misdemeanor, and be confined in the county jail not
less than thirty days; but this section shall not be construed as pre-
venting any person who has taken or purchased terrapins at any time
other than between the first day of May and fifteenth day of August
in any year from keeping the same in terrapin pounds or ponds dur-
ing said period. (Section 3297.)

Section 3271. To protect diamond-back terrapins—It shall be
unlawful to take or catch at any time in this State diamond-back
terrapins of less size than five inches in length, bottom measure-
ment, or to buy or sell the same, or to take or catch, or to buy or
sell diamond-back terrapins of any size in this State between the first
day of May and the first day of October of each year. Any person
violating the provisions of this section shall be deemed guilty of a
misdemeanor, and punished accordingly. (Section 3298.)

Section 3272. Report of shuckers, buyers, planters, shippers,
etc.; penalty—Each shucker or packer of oysters, clams, and scal-
lops, buyers of oysters in barrels, planter of oysters, buyer and ship-
per of clams and scallops, crab-picking and crating house, crab-
canning and packing house, buyers and shippers of fish, shall,
between the first and fifteenth day of July of each year, make
a report to the office of the Commissioner of Fisheries on blanks
provided by the Commissioner, the amounts of seafoods pur-
chased, planted, shucked, packed, put in freezing plants, sold in or
out of the State, or otherwise handled, coming from the tidewaters of
the Commonwealth, giving the number of men employed, and any
other information that may be required by the Commissioner of
Fisheries, in order to enable the Commissioner to keep a record of
the output of the tidal waters of the Commonwealth, and the valua-
tion of same.

Any person violating any provision of this act shall be deemed
guilty of a misdemeanor, and upon conviction thereof be fined not
less than ten dollars nor more than fifty dollars. (Section 3298.)
Section 3273. Correct list of rented oyster ground; record.—The
Commissioner of Fisheries shall, within ninety days after the taking
effect of this act, make out a full list of the parcels of oyster-plant-
ing grounds, as shown on the records of the Commission of Fish-
eries, as of July first, nineteen hundred and twenty-eight, for each
Tidewater county in the State, in which there is oyster-planting
ground rented, giving names of renters, number of acres, and loca-
tion of same. This list shall be posted at the courthouse of the
county or city, in the waters of which such oyster-planting ground
as is listed thereon is, and at three public places on the shores near
to such planting grounds for sixty days, and which list shall contain
a notice calling on all parties who hold planting grounds in the area
covered thereby and whose names do not appear on such list, to come
forward and pay their rent and assert their claims, if they have any ;
and after the expiration of sixty days, the Commissioner of Fisheries
shall certify to the clerks of such counties a list showing the names
of renters, number of acres, and location of their grounds, within
their respective counties, as appears on the records of the Commis-
sion of Fisheries and the clerk of such county shall mark “aban-
doned” all assignments of oyster-planting grounds on his records
not appearing on said list and the said list shall be construed to be a
list of all oyster-planting grounds rented from the State of Virginia
in the said county, as of July first, nineteen hundred and twenty-
eight. Should any person show to the circuit court of the county in
which is any planting ground owned by him, and which has been
omitted from the list herein-mentioned, within twelve months after
the date of posting such list, that his oyster-planting ground was
erroneously left off such list, the court shall enter that fact upon its
record; and the clerk of such court shall send to the Commissioner
of Fisheries a certified copy of such record, whereupon the record of
the Commissioner of Fisheries shall be made to accord therewith.
(Section 3298b.)

Section 3274. Appeal from actions of the Commission leasing
oyster-planting grounds.—From any decision of the Commission of
Fisheries affecting property rights, any person feeling himself ag-
grieved by such decision shall have the right within sixty days from
the date of the rendering of such decision by the Commission, to
appeal therefrom to the circuit court of the county, or corporation
court of the city wherein such property right exists, or if such prop-
erty right exists in the Chesapeake Bay, then such appeal shall be
taken to the circuit court of the county or corporation court of the
city opposite whose shore or a part thereof the area in which such
right exists. Such appeal, or rehearing, shall be by petition, filed
with the clerk of said court, a copy of which shall be served upon
the Commissioner of Fisheries, and upon the applicant or applicants
when not the petitioner or petitioners, and shall be served at least
thirty days before the term at which it is tried. The Commissioner
and applicant or applicants may answer the petition in writing, which
answer or answers shall be filed at least five days before the hearing,
and a copy or copies thereof furnished the party or parties appealing.
The hearing shall be on terms before the judge without a jury, shall
be tried de novo, and the judgment of said circuit court shall be
final. Should the petition or petitioners prevail, the cost of such
appeal shall be borne by the State, and paid out of the oyster fund;
otherwise they shall be paid by the party, or parties, appealing. For
the purpose of this act the right to occupy a pound net fishing stand
shall be considered a property right. (Section 3298c.)

Section 3275. There is hereby appropriated to the Commission of
Fisheries all revenues collected and paid into the State treasury by the
Commission of Fisheries during each and every year ending June
thirtieth, and all said revenue when paid into the treasury of the State
shall be placed to the credit of the funds of the Commission of
Fisheries.

3. Be it further enacted by the General Assembly that the follow-
ing acts of the General Assembly and all acts amendatory thereof be,
and the same are hereby repealed:

‘An act to prohibit the planting of oysters in a certain part of
Assawoman creek, in Accomac county,” approved March eighth, eight-
een hundred and ninety-four;

“An act to declare Russ’ Rock and Little Carter’s Rock, situated
in the Rappahannock River, between the shores of Richmond and
Essex counties, a natural oyster rock, bed and shoal and to include
the same within the Baylor Survey,’ approved February sixteenth,
nineteen hundred and eighteen ;

‘An act for the relief of oyster planters, from their rent of oyster
planting grounds in the waters of the Commonwealth on account of
‘green gill’ in the oysters,’ approved March sixteenth, nineteen hun-
dred and eighteen ;

“An act to provide for the marking of boats engaged in the taking
of fish, oysters, clams and crabs in the tidal waters of this State; for
the marking of all pound nets, fike nets, purse nets, haul seines and
other devices for the taking of fish in the tidal waters of this State;
and to provide penalties for the violation thereof,” approved March
twentieth, nineteen hundred and twenty;

“An act to authorize the Commission of Fisheries to refund
amounts paid under mistake for rent of oyster grounds,’ approved
February twenty-fifth, nineteen hundred and twenty-two;

“An act licensing the taking or catching of scallops with scrapes
from the public grounds of the Commonwealth, and providing for the
designation of public scallop grounds,’ approved March twenty-eighth,
nineteen hundred and twenty-two;

“An act to prohibit the use of troll (or trawl) nets in the waters
of the Commonwealth of Virginia and providing a penalty for same,”
approved March twenty-fourth, nineteen hundred and twenty-six ;

“An act prescribing the time for catching shad in the waters of
the Commonwealth,” approved March twenty-fourth, nineteen hundred
and twenty-six ;

“An act to prohibit the leasing or assignment of certain oyster
bottom in the Rappahannock river,” approved March twenty-fourth,
nineteen hundred and twenty-six ;

“An act requiring all oysters from the public rocks of the Com-
monwealth to be inspected when loading on vessels; measurements,
tax; penalties,” approved March twenty-fourth, nineteen hundred and
twenty-six ;

“An act to provide for the placing of permanent markers on the
lines of surveys and resurveys of oyster planting grounds made by
the Commission of Fisheries,’ approved March nineteenth, nineteen
hundred and twenty-eight ;

“An act to prohibit the placing, using or maintaining of any haul
seine or trash net within five hundred yards of the mouth of any creek
or inlet in the county of Middlesex, approved February twenty-ninth,
nineteen hundred and twenty-eight ;

“An act to authorize the Commission of Fisheries to employ a
civil engineer; to prescribe his duties, and fix his compensation,”
approved March nineteenth, nineteen hundred and twenty-eight ;

“An act to provide for reports to be made to the Commissioner of
Fisheries by shuckers and packers of oysters, clams and _ scallops,
buyers of oysters in barrels, planters of oysters, buyers and shippers
of clams and scallops, crab picking and crating houses, crab canning
and packing houses, and buyers and shippers of fish,” approved March
twenty-sixth, nineteen hundred and twenty-eight ;

“An act to provide for the making of a correct list of rented oyster
planting grounds, and record thereof,’ approved March twenty-sixth,
nineteen hundred and twenty-eight ;

“An act to provide for appeals from the action of the Commission
of Fisheries in leasing or refusing to lease oyster planting grounds in
the Chesapeake bay,” approved March twenty-sixth, nineteen hundred
and twenty-eight ;

“An act to declare certain specified grounds in Mobjack bay in
Gloucester county a part of the natural oyster rocks, beds and shoals,
subject to any existing rights of any lessees of said ground,” ap-
proved March twenty-sixth, nineteen hundred and twenty-eight ;

“An act to continue the present terms of oyster inspectors to
September first, nineteen hundred and thirty,” approved February
twenty-seventh, nineteen hundred and thirty.

“An act making it unlawful for any person, firm or corporation
to soak or swell scallops, or to sell or offer for sale, or have in posses-
sion any soaked or swelled scallops,” approved February twenty-
eighth, nineteen hundred and thirty;

“An act to require the placing of labels showing date of shipment,
quantity, and payment of tax on all containers in which scallops are
shipped; to fix the price of such labels; to direct the application of
the funds derived from sale of such labels; and prescribing penalties,”
became law without the signature of the governor March fourth,
nineteen hundred and thirty ;

“An act to make it lawful to take, catch or have in possession
‘sponge’ crabs at certain times, and empowering the Commission of
Fisheries to close the season upon certain conditions,” approved March
twenty-eighth, nineteen hundred and thirty-two;

“An act to define Chincoteague oysters and Chincoteague clams,
and to prohibit selling, distribution and designation of oysters and
clams as Chincoteague oysters and Chincoteague clams unless such
oysters and clams are taken from certain waters in and around
Chincoteague Island after having actually been in such waters for a
period of at least six months; and to provide penalties for violations
of the provisions of this act,’ approved March twenty-ninth, nineteen
hundred and thirty-four ;

“An act to make it unlawful for any person to have imported into,
or to have in possession in this State, any unopened oysters other than
the species known as Ostrea Virginia, and to prescribe penalties for
violations thereof,” approved March twenty-ninth, nineteen hundred
and thirty-four ;

“An act to make it unlawful to take oysters, or to purchase oysters
taken from the public oyster rocks, beds and shoals, or from certain
leased oyster grounds, or to buy shell oysters taken from such rocks,
beds and shoals without a permit; to provide for the inspection of
such oysters ; to prescribe a tax on oysters taken from such rocks, beds
and shoals and provide for the disposition of the revenue derived there-
from; to prescribe penalties for violations thereof ; and to repeal an act
entitled an act requiring all oysters from the public rocks of the Com-
monwealth to be inspected when loading on vessels; measurements,
tax; penalties, approved March twenty-fourth, nineteen hundred and
twenty-six, and all acts amendatory thereof,” approved March thirtieth,
nineteen hundred and thirty-four.

4. Be it further enacted by the General Assembly as follows:

(a) All acts and parts of acts inconsistent with this act are hereby
repealed to the extent of such inconsistency.

(b) If any provision of this act shall be declared unconstitutional
or for any other reason invalid, the provisions of the former law for
which the provisions of this act is substituted, shall not be construed
as repealed.

(c) The following acts of the General Assembly are continued
in force:

An act entitled ““An act to lay off, designate and survey the natural
oyster rocks, beds and shoals in Nomini and Currioman bays, in the
county of Westmoreland, and to include the same in the original
Geodetic survey of the natural oyster rocks, beds and shoals of the
Commonwealth,” approved April second, nineteen hundred and two.

An act entitled ““An act to declare certain grounds in the James
river, in the county of Isle of Wight, in the State of Virginia, known
as Day’s Point Long Rock be a natural oyster bed rock or shoal,”
approved March twenty-fifth, nineteen hundred and two.

An act entitled “an act to include and embrace the county of
Surry within the oyster territory of the State, and to lay off, designate
and survey the natural oyster rocks, beds, and shoals in James river
in said county, and to provide for an oyster inspector in said county,”
approved February sixteenth, nineteen hundred and one.

An act entitled “An act to declare a certain portion of the ground
in York river to be a natural oyster rock,’ approved February ninth,
eighteen hundred and ninety-eight.

An act entitled “An act to lay off, designate, and survey the natural
oyster rocks, beds and shoals in York river in the county of King
and Queen,” approved March third, eighteen hundred and ninety-eight.

An act entitled “An act declaring a certain portion of ground in
the York river a natural oyster rock,” approved March fifth, eighteen
hundred and ninety-six.

An act entitled “An act to have the lines of certain natural oyster
beds, rocks and shoals in Mathews county, surveyed and plats made
of the same,” approved March twenty-fourth, nineteen hundred and
thirty.