Chap. 229.—An ACT to amend and re-enact Section 3163, Section 3210 as amended,
Section 3214, and Section 3265 as amended, of the Code of Virginia, all relating
to the sea food industry. [H 230]

Approved March 15, 1944

Be it enacted by the General Assembly of Virginia:

1. That section thirty-one hundred sixty-three, section thirty-two
hundred ten as amended, section thirty-two hundred fourteen, and sec-
tion thirty-two hundred sixty-five as amended, of the Code of Virginia,
be amended and re-enacted, as follows:

Section 3163. Regulating the size of fish that may be caught.—It
shall be unlawful to take, catch, or have in posession any sturgeon less
than five feet in length; or any rock fish of less than twelve 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 measurements 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 violating the
provisions of this section.

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 water 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 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, three 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 license
shall be issued to take or catch oysters, clams, or scallops from the natural
oyster rocks, beds, or shoals, or any other water of the Commonwealth
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 pro-
vision of this section, such person shall be fined not less than ten nor
more than two hundred dollars. Five dollars 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 clams 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 shall be two dollars and
fifty cents ($2.50) and 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 Com-
monwealth, 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, in anywise, to 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 subsection 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 tak-
ing 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).

Any person desiring to dig mussels from the natural oyster rocks,
beds and shoals shall pay an annual license of three dollars and fifty
cents, provided that if he holds a license to take or catch clams or oysters
he may dig mussels under the same license.

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 Accomack, 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; provided, however,
that it shall be unlawful for any person to ship any clams measuring less
than one and seven-sixteenths 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 immediate household use but not
for planting or for sale. Any person violating the provisions of this
section shall be guilty of a misdemeanor and upon conviction be fined
not less than ten dollars nor more than two hundred dollars.

Section 3214. License of dredgers; limitations; application for
licenses; numbers; registration; penalty; forfeiture—The Commis-
sion of Fisheries shall, if in its judgment the police force is sufficient to
protect the grounds in which dredging is hereinafter prohibited, au-
thorize 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 Rappahannock 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 Da-
meron Marshes, nor to any inlet, creek, or river, nor to the mouth there-
of, except the Potomac River and the following rocks in Tangier Sound,
to-wit: Johnson’s Rock; Thoroughfare 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 resi-
dent desiring to dredge or scrape for oysters in the waters where dredg-
ing 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 non-
resident owns said vessel, in whole or in part, and that it 1s 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 pre-
scribed 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 may permit dredging for oysters by boats
operated by power; provided that any power boat so permitted to dredge
oysters shall at all times display proper markings as may be designated
by the Commissioner of Fisheries; and 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 pro-
hibited by law, without having paid the tax and obtained the license pro-
vided 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 commander 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 forfeited to the Commonwealth in proceedings as provided for the
enforcement of forfeitures.

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 its jurisdiction, by any
of the means hereinafter 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
taxes and be subject to the provisions set forth in the following sub-
sections:

(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, or with any device other
than dip net or hand line, 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, and provided 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 Moore’s Creek, Jack-
son Creek, or Broad Creek in the county of Middlesex ;

(2%) For each person catching blue crabs by means of device
made of wire or thread net and commonly known as a crab pot, ten dol-
lars and fifty cents for each calendar year, for fifty such pots or any
lesser number; provided that no person shall employ more than fifty pots
nor secure more than one license, but any person holding a patent trot
line license may fish fifty pots without securing a pot license, or any per-
son holding a pot license may fish patent trot lines without securing a
patent trot line license; provided further that after January one, nine-
teen hundred forty-five no such pot or device shall be used which is made
of wire or thread of a size less than one and one-half inches; provided
further, that the Commission of Fisheries may regulate or prohibit the
use of crab pots on the eastern or ocean side of Accomack and Northamp-
ton counties and inside of the headlands of the creeks on the Chesapeake
or western side of said counties. Notice of any such proposed regula-
tions of prohibition shall be posted at the office of the Commission of
Fisheries and a copy thereof sent to each inspector in said counties fifteen
days before the same becomes effective ;

(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, and
any person who has procured a license for a boat under subsection five
hereof shall have the privilege of using the 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:
provided that the Commission of Fisheries, when in its judgment it is
deemed advisable on account of weather conditions and not contrary
to the public interest to do so, may open any season on the sixteenth
day of November and it may likewise extend any season to the sixteenth
day of April; nor shall scrapes or dredges be used at any time of the vear
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 Chesa-
peake Bay or Hampton Roads, nor to the eastern or ocean side of Ac-
comack and Northampton counties, nor to 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 measures 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 the net or scrape;

(10) <A peeler crab for the purposes of this section is 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 its jurisdiction, from the first day of April
to the thirtieth day of June, both inclusive, in any year; provided 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 Commissioner,
and a copy thereof mailed to each inpector :

(12) In licensing a person for taking crabs with boat the in-
spector shall cause to be placed at a conspicuous point on the starboard
side of such boat, or on the mast thereof, a number, and the 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, provided
that nothing in this section shall apply to anyone taking or catching crabs
for immediate houschold use.