CHAPTER 709

An Act to amend and reenact § 29-158 of the Code of Virginia, relating to
prohibition against use of substances injurious to fish. CH 778]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:

' fle § 29-153 of the Code of Virginia be amended and reenacted as
ollows:

§ 29-153. It shall be unlawful to use fish berries, lime, giant powder,
dynamite, or any other substance for the destruction of fish, or knowingly
cast any noxious substance or matter into any watercourse of this State
by which fish therein or fish spawn may be destroyed, or to place or to
allow to pass into the water courses of the State any sawdust, ashes, lime,
gas, tar, or refuse of gas works, injurious to fish; provided, however, that
Giles, Bland and Franklin Counties are exempt from the prohibition of
permitting sawdust to be put in their water courses when a saw mill is
run in connection with a grain mill, and permanently located in a stream
of water used as power toward the operation of the mill, and provided,
further, that the sawdust pollution from such operation is not sufficient
to destroy fish or fish spawn, and provided, however, in the waters of
Piney River and its tributaries in the counties of Amherst and Nelson,
it shall not be unlawful to run sawdust in those portions of the stream not
inhabited by trout. Any person violating any of the provisions of this
section shall, on conviction thereof, be fined for each offense not less than
twenty-five nor more than two hundred and fifty dollars, and be imprisoned
in jail until the fine is paid, but not exceeding thirty days, except that any
person convicted of destroying fish by means of dynamite or other explo-
sives shall be punished by a fine of not less than one hundred dollars nor
more than five hundred dollars, or, in the discretion of the court or jury,
1060 ACTS OF ASSEMBLY [va., 1956

by confinement in jail not to exceed ninety days, or by both such fine and
imprisonment. .

The owner or lessee of any property on which fish are destroyed by
means of dynamite or other explosives shall be entitled to recover liqui-
dated damages in the amount of one hundred dollars from any person
convicted of destroying fish by such means.