CHAP. 464.--An ACT to amend and re-enact sub-sections 2, 6, 9, 10 and 13 of section 2086 of the Code of Virginia, as heretofore amended.

Approved March 22, 1916.

1. Be it enacted by the general assembly of Virginia, That subsections two, six, nine, ten and thirteen of section two thousand and eighty-six of the Code of Virginia as heretofore amended, be amended and re-enacted so as to read as follows:

Section 2086. License of residents to fish with purse nets, pound nets, and so forth, or for crabs, scallops, or clams; canning, packing, buying, or marketing fish roe, herring, crabs, scallops or clams; their oath, license tax required; amount to be paid; how obtained; how tax collected; the object thereof to be accounted for; cull law for clams and certain fish; designation of certain nets and sizes of mesh; setting aside crabbing and clamming grounds; penalties for same, and for concealing boat's name or number when operating under license for catching fish or shell fish; certain duties of inspectors and commissioners of the revenue.

Subsection (2). Every such resident who shall apply for license to catch or take fish from the waters of the Commonwealth, or the waters within the jurisdiction of the Commonwealth, in addition to the fee aforesaid, 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 sail vessel fishing with purse net of not more than four hundred meshes deep, five dollars; on each sail vessel fishing with purse net of more than four hundred meshes deep, twenty-five dollars, on each steam vessel fishing with purse net, one hundred dollars; on each power boat or over twenty-horse power fishing with purse net, ten dollars; on each pound net, three dollars; on each float or stake gill net of six hundred feet in length and under, one dollar; and for every additional one hundred feet or fraction thereof, twenty-five cents; on each thresh net, or skirt net or similar device, one dollar; on each fyke net head, weir, or similarly fixed device, one dollar, on each haul seine, operated by motor boat power not exceed five-horse, or by hand, for market or profit, three dollars ; on each drift haul net attended by motor boat exceeding five-horse power, twenty dollars; but no steamboat shall be allowed to fish such net; on each haul seine hauled by windlass, with horse or mule power, or other power than hand or steam, twenty dollars; on each haul seine operated by steam power, fifty dollars ; on each sturgeon gill net or trammel net, three dollars ; on each sturgeon sweep net or haul seine, twenty-five dollars; for every person not a resident of the State of Virginia, catching blue fish by hand line, two dollars, and an inspector's fee of fifty cents; provided no net of any kind shall be used for catching blue fish; and the inspectors issuing said licenses shall furnish to the persons to whom said licenses are issued a number or register mark to be placed by the fishermen on their boats or fixed fishing devices. The register mark or number shall be F. L. and the number of the license issued and the number of the district. For example "F. L. 1-1" showing that the holder thereof has fishing license number one issued by the inspector of district number one. The numbers and letters shall be not less than four inches in height, and shall be stamped in black upon white board or canvas, and shall be furnished by the inspector to the party to whom the license is granted ; and 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; and 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 on the starboard prow of the boat used in fishing said device.

Sub-sec. (6). It shall be unlawful to take, catch or have in possession any sturgeon less than four feet in length; or any rock fish of less than ten inches in length; or any spot less than six inches in length, or any blue fish 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 less than twelve inches in length; or any red drum 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 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 bay trout less than nine inches in length; or any salmon trout less than ten inches in length; or any gray trout (weak fish) less than nine inches in length; or any black bass less than eight inches in length; or any mud shad less then 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 is found to have as much as five per centum of the bulk of his catch, under the minimum sizes herein prescribed, he shall be deemed guilty of violating the provisions of this act.

Sub-sec. (9). Any person violating any of the foregoing provisions 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, 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 sub-section two of this act shall be fined not less than ten nor more than one hundred dollars.

Sub-sec. (10). It shall be unlawful to take, catch or round up with a purse net for the purpose of manufacturing into guano or oil food fish to the amount greater than one per centum of the whole catch without immediately opening the net and turning 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 possession food fish to a greater amount than one per centum of the bulk for the purpose of manufacturing them into guano 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 provisions 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 or oil, 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.

Sub-sec. (13). Any resident of this State desiring to take or catch crabs from the waters thereof by any of the means hereinafter mentioned, or any person desiring to engage in the business of buying or marketing crabs for pickling or canning the same in any way, shall pay to the oyster inspector of the district in which he resides, the following license tax and inspector's fee: (1) for each person working on any boat in taking or catching soft crabs with scrapes, or either hard or soft crabs with nets, or trot lines, two dollars, and an inspector's fee of fifty cents; provided no steam or motor boat shall be used in the taking or catching of soft crabs; (2) for each sail boat to be used solely 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 solely for the purpose of taking or catching hard crabs with scrapes or tongs, five dollars and inspector's fee of seventy-five cents; (3) for each power boat over thirty-two feet in length used solely for the purpose of taking or catching hard crabs with scrapes, twenty-five dollars and an inspector's fee of one dollar; (4) for each picking or crating house, ten dollars and an inspector's fee of one dollar; (5) for each canning and packing house, twenty-five dollars and an inspector's fee of one dollar; (6) 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 an inspector's fee of fifty cents ; provided, no person who is duly licensed to catch crabs shall be required to procure further license for marketing or shipping his own catch. But no scrapes or dredges shall be used for catching hard crabs between the first day of May and the first day of November of any year, nor shall it be lawful for any person to dredge for crabs on any of the natural rocks of this State, or to dredge for crabs or clams on any on the public grounds of this Commonwealth, from which clams are taken by tongers using ordinary or patent tongs, nor shall any person catch, take or have in possession at any time a hard crab, other than one in the peeler stage, which shall measure less than five inches across the shell from tip to tip of spike; nor shall any person take, catch or have in possession during the months of July and August of any year an egg bearing female crab, known as "spawn crab", "sponge crab", "blooming female crab", or "mother crab", or such a female crab from which the egg pouch or bunion has been removed.

In licensing persons for taking crabs, the oyster inspector shall mark upon the starboard prow of such person's boat the number of such license in conspicuous figures of not less than five inches in length preceded in all cases by the number of oyster district and the letter "C", and within the "C" the number of persons licenses on such boat; for example "4 C2 1" means district number four, license number one, and two persons licensed. Said numbers and letters shall be kept displayed during the crabbing season by the master of the boat. No person shall be authorized under the provisions of this act or otherwise, to locate or maintain any net or nets in the waters of Hampton Roads adjacent to the county of Elizabeth City, between Old Point Comfort and Newport News Point, at a distance of less than three hundred yards from any other stand or stands, and all acts and parts of acts in conflict herewith be, and the same are hereby, repealed. 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.

CHAP. 464.--An ACT to amend and re-enact sub-sections 2, 6, 9, 10 and 13 of section 2086 of the Code of Virginia, as heretofore amended.
Acts and Joint Resolutions Passed by the General Assembly of Virginia During the Session of 1916
Richmond, Virginia
1916
4 pages, p. 783-786