Chap. 115.—-An ACT to amend and re-enact Sections 3160 and 3162 of the Code
of Virginia, in relation to license taxes to take or catch fish in tidal waters,
and size of nets and fishing devices. [H B 186]

Approved March 12, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tions thirty-one hundred and sixty and thirty-one hundred and sixty-
two of the Code of Virginia, be amended and re-enacted so as to read
as follows:

Section 3160. 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 Commonwealth, 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 hun-
dred 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 operating a fish dip net, one
dollar; on each haul seine operated by motorboat power not exceeding
five horsepower, or by hand, for catching fish for market or profit, five
dollars; on each drift haul net attended by motor boat or motor boats
exceeding five horse-power, thirty dollars and fifty cents; but no steam-
boat 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 oper-
ated 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 person to whom said licenses are issued a number or
registration mark, to be placed by the fishermen on their boats or fixed
fishing devices. Provided, 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 exceeding in length five
hundred yards unless authorized by the Commission of Fisheries. 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 without 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 conspicuous place on the starboard side of the
boat used in fishing said device. Provided, further, that the Com-
mission of Fisheries shall have power to establish a license commen-
surate 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 Commonwealth, 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 any
provision 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.

Section 3162. 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 be longer than five hundred vards in
length unless authorized by the Commission of Fisheries 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 set out from the shore or shallow water.

Z. An emergency existing this act shall be in force from its pas-
sage.