An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1968 |
---|---|
Law Number | 748 |
Subjects |
Law Body
CHAPTER 748
An Act to amend and reenact §§ 28.1-48, 28.1-49 and 28.1-50, as severally
amended, and 28.1-58 of the Code of Virginia, relating to licenses for
fishing devices, size of fish that may be caught, taking of channel
bass and rockfish and extension of nets across water; and to amend
the Code of Virginia by adding thereto a section numbered 28.1-51.1,
to prescribe the period when certain fishing devices not to be used
an certain waters.
[H 627]
Approved April 5, 1968
Be it enacted by the General Assembly of Virginia:
1. That §§ 28.1-48, 28.1-49 and 28.1-50, as severally amended, and
28.1-583 of the Code of Virginia be amended and reenacted, and that the
Code of Virginia be amended by adding thereto a section numbered
28.1-51.1, as follows:
§ 28.1-48. License tax for fishing in tidal waters; register mark.—
(1) Amount of tax; to whom paid.—Every 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
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:
(a) On each pound net six dollars;
(b) (1) On each stake gill net of twelve hundred feet in length or
under, with a fixed location, eight dollars;
(2) On all other gill nets up to * six hundred feet, five dollars: all
such nets over * siz hundred feet and up to twelve hundred feet, six dollars
and fifty cents;
_ _(c) On each thresh net, skirt net, slat traps, prop nets, trap net, or
similar device, four dollars;
CH. 748] ACTS OF ASSEMBLY 1349
(d) On each fyke net head, weir, or similar device, four dollars;
(e) On each person taking or catching eels or otherwise fishing by a
means commonly known as fish pots, six dollars and fifty cents. It shall be
unlawful to set fish pots on the ocean side of Accomack and Northampton
mie ipinin The Commission inspectors may confiscate any fish pots set in
such area.
(f) On each trotline, three dollars and fifty cents. Zé shall be unlawful
to set a fish trotline on the ocean side of Accomack and Northampton
Counties. The Commission inspectors may confiscate any fish trotline set
in such area.
(g) On each person using or operating a fish dip net, three dollars;
(h) On each haul seine used for catching fish, under five hundred
yards in length, fifteen dollars; no person shall set a haul seine on Sunday;
(i) On each haul seine used for catching fish, from five hundred yards
in length to one thousand yards in length, forty-five dollars; no person
shall set a haul seine on Sunday;
wl? On each sturgeon gill net or trammel net, seven dollars and fifty
cents;
(k) On each sturgeon sweep net or haul seine, thirty-eight dollars.
(2) Licenses for other devices——The Commission of Fisheries shall
have the power to establish a license commensurate with other licenses in
an amount not more than one hundred dollars for any device used for the
taking or catching finfish, fish or shellfish in the waters of the Common-
wealth, that is not mentioned in Title 28.1 of the Code. The Commission
shall have the authority to specify any restrictions or control over the
device or the person operating the device they may deem advisable when
issuing such a license.
(3) Register mark and how displayed; length of seine.—Inspectors
issuing such licenses shall furnish to the person to whom such licenses
are issued a number or register 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 one thousand yards. If the license be for a fixed fishing device, the
holder of the license shall fasten such register mark or number securely
to one of the offshore stakes of the fishing device, but such 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 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 such license shall fasten the register mark number
securely at a conspicuous place on the starboard side of the boat used in
fishing such device. |
§ 28.1-49. Size of fish that may be caught.—It shall be unlawful to
take, catch or have in possession any sturgeon less than five feet in length;
or any rockfish of less than twelve inches in length or more than twenty-
five pounds in weight except that rockfish more than twenty-five pounds
in weight may be lawfully taken by hook and line or lure; 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 round-head
or sea mullet less than seven inches in length; or any sea bass less than
five inches in length; or any sheepshead 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; or bullhead catfish less than nine inches in
length; or any Mississippi or blue channel catfish less than eleven inches
in length; or any white channel catfish less than ten inches in length; or
any flounder less than twelve inches in length. All such measurements are
to be from nose to tip of tail.
Any such fish caught by any person shall be at once returned to the
water, unless obviously injured or dead.
Whenever any * dealer, wholesaler or retailer of fish for human con-
sumption, * each of whom is herein called owner, has in his possession a
lot or quantity of fish which weighs more than one hundred pounds in the
aggregate, a one hundred pound lot may be separated according to size,
and if it is found that in such a lot so separated the number of fish under
the minimum size prescribed herein equals or exceeds ten per centum of the
whole number of fish in the lot so separated, such owner shall be deemed
to be guilty of violating the provisions of this section. In the event the
owner has in his possession a lot or quantity of fish which weighs not
more than one hundred pounds and it is found that in such lot the number
of fish under the minimum size prescribed herein equals or exceeds ten
per centum of the whole number of fish legally retained, in such lot, such
owner shall be deemed to be guilty of violating the provisions of this
section.
If any dealer offers for sale any fish for human consumption under the
sizes hereinbefore stated, he shall be deemed guilty of violating the pro-
visions of this section.
§ 28.1-50. Taking, etc., channel bass and rockfish; confiscation of
such fish illegally taken.—It shall be unlawful for any person, firm or
corporation to take, catch, and/or have in possession, offer for sale or
transport during any one day more than two channel bass (red drum)
over thirty-two inches in length or more than two rockfish (striped bass)
over forty inches in length. All such measurements are to be from tip of
nose to tip of tail.
Any person, taking or catching more than two channel bass over
thirty-two inches in length or more than two rockfish over forty inches
in length, shall immediately release and return such fish to the water at
the place where the fish were taken or caught.
Any person, firm or corporation who has more than two of either
such fish in their possession, during any one day, shall be deemed guilty
of violating the provision of this section. Any inspector who finds more
than two such fish in the possession of any person, firm or corporation
shall immediately confiscate such fish.
Every game warden and every other law enforcement officer of this
State and its subdivisions shall have the authority to enforce the pro-
visions of this section.
§ 28.1-51.1. Use of certain fishing devices in certain waters.—It
shall be unlawful for any person to use a sunken gill net, snatch hook,
grab hook or gang hook for the purpose of taking or catching fish in the
Rappahannock River below the Downing Bridge at Tappahannock, be-
tiveen the first day of January and the fifteenth day of March of each year.
The provisions of this section are applicable to both residents and non-
residents.
§ 28.1-53. Distance nets may extend across body of water or chan-
nel.—It shall be unlawful to set or fish any net or nets across any river,
bay, estuary, creek, or inlet which are longer than one-fourth the width
of said body of water from mean low water to mean low water at the
point where said net or nets are set or fished. Said net or nets shall not
be set or fished more than one-half the distance across the channel of said
river, bay, estuary, creek or inlet.
Every game warden and every other law enforcement officer of this
State and its subdivisions shall have the authority to enforce the provt-
sions of this section.