CHAP. 501.--An ACT to amend and re-enact an act approved February 7, 1898, entitled, an act to create the board of fisheries of Virginia, and define its duties and fix the salary of its members, as amended by acts approved February 21, 1900, February 1...

Sec. 2. That for the purpose of enforcing the laws relating to the fisheries of tidewater Virginia, the commission of fisheries, heretofore created, shall consist as at present, of five members appointed by the governor, at least two of whom shall be from the tidewater section of the State. One of said tidewater members shall be designated by the governor as commissioner of fisheries, who shall be ex-officio chairman of the commission of fisheries and chief inspector, and one other tidewater member instead of being designated as secretary of the commission of fisheries, shall be designated shellfish commissioner, and shall be assistant commissioner of fisheries, assistant chief inspector, and ex-officio secretary of the commission. The commissioner of fisheries and the shellfish commissioner shall be, one from that section of tidewater which lies east of the Chesapeake bay, and the other from that section of tidewater which lies west of said bay. The present secretary of the commission of fisheries is hereby designated shellfish commissioner, and he shall serve as such shellfish commissioner until the expiration of the term for which he has been appointed secretary of said commission. On or before the twenty-eighth day of February, nineteen hundred and eighteen, it shall be the duty of the governor to appoint the five members of said commission, whose terms of office shall be as follows: The commissioner of fisheries for a term of four years from the first day of March, nineteen hundred and eighteen; the shellfish commissioner for a term of six years from said date; and the remaining three members for terms of two, four and six years, respectively from said date; and thereafter their successors shall be appointed by the governor for a term of four years each. The governor shall have power to remove any or all of them for neglect of duty, misfeasance or malfeasance in office, and to fill any vacancy or vacancies which may occur. All members of this commission shall be sworn into office in the presence of the secretary of the Commonwealth, who shall thereupon issue to each of them a certificate designating each as a member of the commission of fisheries and also designating the commissioner of fisheries and the shellfish commissioner, each certificate to bear the signature of the governor, and to be countersigned by the secretary of the Commonwealth, and to bear the seal of the State. The commissioner of fisheries and the shellfish commissioner of the said commission shall each enter into bond in the penalty of two thousand dollars, with sufficient surety, to be approved by the governor, payable and conditioned as required by section one hundred and seventy-seven of the Code of Virginia. The salary of the commissioner of fisheries is hereby fixed at twenty-five hundred dollars, and the salary of the shellfish commissioner at eighteen hundred dollars per year. All members of the commission shall be paid actual expenses incurred in the performance of their duties, but the other three members of the commission shall receive no salary. Beginning March first, nineteen hundred and eighteen, the salaries of the members of the commission shall be as follows: the commissioner of fisheries twenty-five hundred dollars, the shellfish commissioner eighteen hundred dollars, and each of the other members of the commission two hundred dollars per year.

Sec. 3. Enforcement of law and supervision of employees.--It shall be the duty of said commission to see that all laws relating to fish, oysters, crabs, clams and terrapin, and other shellfish, are enforced and observed; and that all persons engaged in these industries are fully protected in their respective rights. It shall also be the duty of the commission to see that the inspectors, police and other employees faithfully perform the duties prescribed for them by law, and observe such rules and regulations as may be laid down by the commission for their government. It shall be the duty of the commissioner of fisheries and the shellfish commissioner. to maintain a constant supervision over the industries under the care of this commission, and over the inspectors and other employees.

Sec. 4. Investigations and experiments.--It shall be the duty of the commissioner of fisheries and the shellfish commissioner to carry on investigations relating to the migration, habits and propagation of fish in the tidal waters of the State, also investigations relating to the cultivation and propagation of the oyster, clam and other mollusca, and of the terrapin and crab, and for this purpose they may employ such scientific and other assistance as may be authorized by the commission of fisheries.

Sec. 5. Reports.--It shall be the duty of the commission to make an annual report to the governor, a report to the general assembly at its regular session, and also a final report to the governor covering the period from the first day of October next preceding to expiration of their term of office, which shall be published as part of the first annual report of the succeeding commission. In said reports the amounts of revenue derived from the several industries under the supervision of the commission, and also the expenditures of said commission shall be plainly set forth. The condition of the several industries under the supervision of the commission shall be discussed, and such legislation as the commission may think advisable for the betterment, protection and conservation of said industries shall be recommended.

Sec. 6. Officers and clerical force.--It shall be the duty of the said commission to establish and equip an office, or offices, in some convenient place or places in tidewater, and it is authorized to employ such clerks and other employees as may be necessary for the proper carrying on of the office work. All records and accounts in the office or offices of said commission shall be open at all times to the examination of the governor and auditor of public accounts or their accredited agents.

Sec. 7. Equipment.--The commission of fisheries is authorized to purchase or rent such boats, nets, and other equipment as may be necessary to enable them and their assistants to perform the duties imposed upon them by law; and the said commission is also authorized to sell, exchange or repair any boats or other equipment belonging to the service; and in the case of sale or exchange, to reinvest the proceeds in another boat or boats or equipment, or to use the said proceeds in addition to the appropriation now authorized by law, for carrying on the work of protecting and promoting the fisheries of the State.

Sec. 8. Hatcheries.--The commission of fisheries is authorized to establish and maintain a hatchery or hatcheries for the artificial propagation of fish, and to co-operate with the United States bureau of fisheries in said work by furnishing to said bureau fish eggs, roe or spawn, whenever in the opinion of said commission it seems advisable and the appropriation for the use of the said commission is sufficient to defray the expenses of said hatcheries or said work.

Sec. 9. Inspectors.--The commission of fisheries shall divide the territory over which they have jurisdiction into districts, and on or before the thirtieth day of April, nineteen hundred and sixteen, and every two years thereafter, shall appoint for each of said districts, one or more inspectors, whose term of office shall begin the first day of May next succeeding their appointment and continue for two years. The said commission shall fill all vacancies occurring in the office of inspector, and shall appoint additional inspectors, abolish any office or consolidate two or more offices into one, whenever they deem it advisable. All inspectors and other employees in the service shall be subject to the direction and control of the commission as to their official acts, and the commission shall have power to remove any or all inspectors and other employees from office for neglect of duty, misfeasance or malfeasance in office.

Sec. 10. Police Force and other employees.--The said commission shall employ the captains and crews of all boats used in the police service, such special police or special inspectors as the good of the service may require, superintendent of hatcheries and other employees necessary to carry on the work of artificially propagating fish or gathering spawn, and all of said employees shall hold their positions at the will of the commission. The boats, captains and crews of said boats, special police, special inspectors, and all other employees shall be under the control of the commission and subject to its orders. The said commission is also authorized to employ the services of surveyors and attorneys whenever it is deemed advisable.

Sec. 11. Arrest and seizures without warrant; when and how made.--Any member of the commission of fisheries, all inspectors, police, captains of boats and other officers in the service shall have power, with or without warrants, to arrest anyperson or persons violating any of the fishery laws, and to seize any vessel, boat, craft, or other thing used in violating any of said laws, together with the cargo of such vessel, boat or craft, and they shall have the same authority as constables have to summon the posse comitatus to aid them in making such arrest and seizure. Any person so arrested shall be carried before a magistrate for trial, and any vessel, boat, craft or other thing so seized when not forfeited to the Commonwealth in proper proceedings, may be held by the inspector or other official who made the seizure or in whose district the same was seized, until the accused has paid the penalty of his offence if upon trial he is found guilty, or has settled the amount agreed upon without trial, or has, upon trial, been acquitted, as the case may be.

Sec. 12. Authority to compromise.--Any person liable for any fine for violation of any of the fishery laws may pay the officer directly instrumental in apprehending such person, such sum as may be agreed upon between such person and officer and all costs ; and thereupon such person shall be discharged from all legal proceedings that may be instituted against him for such offence; provided, that the amount so agreed upon be not less than the minimum fine imposed for such offence, any such agreement to be in the nature of a compromise and not to be used as evidence in any proceeding for such violation.

Sec. 13. Power to take fish.--The commission of fisheries and the United States bureau of fisheries, with the consent of the commission of fisheries, may take and cause to be taken for scientific purposes, or for fish culture, any fish or other marine organism at any time from the waters of Virginia, and may cause or permit to be sold such fishes or parts of fishes so taken as may not be necessary for purposes of scientific investigations or fish culture : provided, that in taking fish for fish culture in the hatcheries of this State or in the hatcheries of the United States, the fish shall only be taken while the hatcheries are in operation.

Sec. 14. No interest in fisheries.--No member of the commission of fisheries, nor any of the inspectors, captains or other employees shall be engaged (for market or profit) in any fishing industry in Virginia, either directly or indirectly.

Sec. 15. Printing.--The auditor of public accounts shall provide the commission and its employees with such printing, stationery and blank forms as may be required in the performance of their duties, and the necessary postage and expressage in transmitting the same.

Sec. 16. Appropriation.--To meet the necessary expenses of this commission and to provide a fund for carrying out the provisions of this act, there shall be appropriated annually the sum of forty-five thousand dollars, out of the revenue derived from the fishing industries, known as the oyster fund of the State, which sum shall include all salaries, charges and expenditures provided for in this act, or expended by the commission
in the discharge of its duties or in promoting and benefiting the industries under its supervision.

Sec. 17. Whenever the word fish or fishes used as a substantive occurs in this act it shall be construed to include porpoises and other marine mammals, fishes, oysters, clams, scallops, and other mollusca, and crustaceans, and wherever the word fishing or fisheries occurs it shall be construed to include all operations involved in using, setting, or operating apparatus employed in killing or taking the said animals or in transporting and preparing them for market.

Sec. 18. Tidewater Virginia, as used in this act, is hereby defined to embrace the following counties and all towns and cities situated in any of said counties; Accomac, Alexandria, Caroline, Charles City, Chesterfield, Elizabeth City, Essex, Fairfax, Gloucester, Hanover, Henrico, Isle of Wight, James City, King George, King and Queen, King William, Lancaster, Mathews, Middlesex, Nansemond, New Kent, Norfolk, Northampton, Northumberland, Princess Anne, Richmond, Stafford, Warwick, Westmoreland and York.

Sec. 19. That all acts relating to the tidal fisheries of Virginia are hereby amended so that the words "Oyster Inspector" shall read "Inspector"; and the words "Secretary of the Commission of Fisheries" shall read "Shellfish Commissioner."

Sec. 20. All laws in conflict with this act are hereby repealed.