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THE NORTH CAROLINA GEOLOGICAL SURVEY

JOSEPH HYDE PRATT, STATE GEOLOGIST.

Economic Paper No. 13.

REPORT OF COMMITTEE APPOINTED BY GOVERNOR
R. B. GLENN TO INVESTIGATE THE FISHING
INDUSTRIES IN NORTH CAROLINA.

COMPILED BY

JOSEPH HYDE PRATT.

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RALEIGH:
E. M. UzzELL & Co., STATE PRINTERS AND BINDERS.
1906.

Monograph

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THE NORTH CAROLINA GEOLOGICAL SURVEY

JOSEPH HYDE PRATT, STATE GEOLOGIST.

Economic Paper No. 13.

REPORT OF COMMITTEE APPOINTED BY GOVERNOR R. B.
GLENN TO INVESTIGATE THE FISHING INDUS-
TRIES IN NORTH CAROLINA.

COMPILED BY

JOSEPH HYDE PRATT.

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OETA)
WA

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RALEIGH:

E. M. UzzeELu & Co., STATE PRINTERS AND BINDERS.

1906.

GEOLOGICAL BOARD.

GOVERNOR R. B. GLENN, ex officio Chairman... ..

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JOSEPH Eliype PRATT, Stape Geolesish: .... cals $4 sa cad desise aes a Chapel Hill.

LETTER OF TRANSMITTAL.

Cuapex Hitz, N. C., November 15, 1906.

To his Excellency, Hon. R. B. Guunn,
- Governor of North Carolina.

SIR:
August, 1906, to investigate the fishing industries of North Carolina
met at Morehead City the third of September and spent the follow-

The commission which you appointed the latter part of

ing five days carefully and thoroughly investigating the problems
relating to the fin-fish and shell-fish industries, and respectfully sub-
mit the following report of their proceedings. In this report it is
earnestly urged that the Legislature make provision for a Fish Com-
mission and a Shell-fish Commission. Suggestions are also made for
such legislation as will more thoroughly protect and increase the
value of our fishing industries.

The recommendations of your committee are most favorably en-
dorsed by the United States Bureau of Fisheries in a letter appended
to this report.

As this report will be of special interest to a large proportion of
the people in eastern North Carolina, I respectfully recommend that
it be published as Economic Paper No. 13 of the North Carolina
Geological and Economic Survey.

Yours obediently,

JosEPH Hypr Prart,
State Geologist.

CONTENTS.

PAGE
Retienmro tema nS LG tel {aii scicl uae Metetete SRR MERTeRSEAS Sus ic Gvecns wi be aye eae tyrvs 3
Report of Committee on Fisheries in North Carolina.................... 7
Personnel of Committee.................55. Dateer sate ssesaeaeets os ne. 7
Organization of Committeé.............. Uplrieiec as cask ye aie aye Peat ure: 7

Resolutions Adopted by the Committee Investigating the Fishing Industries

of the State. ... 0.6... ee eee eee eee taht 5 Aca oan ad eee

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iscuccToOnmotelaresent. Mishino (AWS e5..c2. scor-c sgt on aoa An teee eee art s
Vann Bill, Section 2440............ FOP EIN eo OP AN Oe Adan BM., Sete
New General Laws Recommended.............c0c ccc cette ene e cent ee aens
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North Carolina slell-fish Commission )..5 ..0 085 13.0. S84 AOS. des hk OSs

iC SoM Ss He clacIMO COMO VStEDS. «2.2420 cians spo sa seein we ele oeitiaat os os 2S
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eneral sw iiell-tisht Iaiwswe seus cee ele saute eseeics Geass «0 vod bac aeaanr wee

Letter of Endorsement............ Ree TEOMA Te Rece!, .2250); cnc < Ge eee Nee

REPORT OF COMMITTEE ON FISHERIES
IN NORTH CAROLINA,

APPOINTED BY

GOVERNOR R. B. GLENN, CHAIRMAN OF GEOLOGICAL AND
ECONOMIC SURVEY BOARD.

The committee appointed by Governor R. B. Glenn, chairman of
the Geological and Economic Survey Board, to investigate the fishing
industries of the State, met at Morehead City, N. C., on the evening
of September 3, 1906, the following being the personnel of this com-
mittee: J. B. Cottield, of Everetts; J. J. Laughinghouse, of Green-
ville; T. H. Shepard, of Edenton; W. A. Saunders, of Wilmington ;
R. W. Smith, of Manteo; W. E. Swindell, of Washington, N. C.;
W. O. Lupton, of Belhaven; M. B. Gowdy, of Beaufort; W. M. Webb,
of Morehead City; H. F. Moore, of the U. 8S. Bureau of Fisheries,
Washington, D. C.; and Joseph Hyde Pratt, State Geologist, Chapel
al:

As will be seen from the above, this committee consisted of practi-
eal fishermen and ovstermen representing all sections of the eastern
part of the State where the fisheries are of economic importance, and
also of various branches of these industries; as well as of men versed
in the scientific side, who were able to give unbiased opinions on all
matters under discussion.

The meeting was called to order by Joseph Hyde Pratt, State
Geologist, with the following remarks:

“You are asked by his Excellency, Governor R. B. Glenn, to meet
together to discuss questions relating to the present condition of the
fishing industries in North Carolina, including not only the fin-fish,
but also the oyster, clam, terrapin, and all that can be brought under
the general head of the fishing industry of North Carolina; and also
to suggest some measures that will bring about a change for an
improvement in this industry. The first thing in organizing this
committee will be the election of a permanent chairman.”

Joseph Hyde Pratt, State Geologist, was elected permanent chair-
man and R. W. Smith, of Manteo, secretary.

In a few words the chairman stated the object of the committee’s
appointment and the line of work to be taken up.

5 REPORT OF COMMITTEE ON FISHERIES.

At this meeting there was a general discussion of the practicabilty
and feasibility of the appointment of a Fish Commission and the
question of raising revenue tor the support of such a commission.
It was the unanimous opinion of those present at this meeting that it
is very important and absolutely essential that a Fish Commission
be appoited by the Legislature of North Carolina and given such
powers as will enable it to enforce all laws relating to the fishing
industries of North Carolina. It was also the unanimous opinion
that at least a large proportion of the revenue necessary for the
support of the Fish Commission should be raised by a direct tax
upon every net that is used for fishing in the waters of North Caro-
lina.

Very appropriate remarks were made upon these questions by
Messrs. Moore, Smith, Lupton, and the chairman.

It was decided at this meeting that the sessions of the committee
should be held both morning and afternoon, and, if necessary, at
night.

The meeting adjourned at 10 P. M. until 9 A. M. on Tuesday.

At the regular sessions of the committee all of the questions taken
up were very fully and freely discussed by all the members, and in
nearly every instance the recommendations of this committee were
unanimous. There were certain instances, however, which im most
vases related to local questions, where there was a decided difference
of opinion between the various members and where on the deciding
vote there were one or two against the recommendation as passed.
The committee worked hard and conscientiously to make such recom-
mendations as would insure a decided and lasting improvement in
the fishing industries of the State and which would result in a large
increase in the value of these industries to the State. Each question,
as it was taken up, was, as far as possible, discussed before the com-
mittee as a whole; but in some instances it was necessary to refer to
a subcommittee the drawing up of the detailed suggestions, such as
those relating to the Fish Commission, Shell-fish Commission, ete.
The work of the subeommittees was in turn referred back to the eom-
mittee as a whole and passed upon.

It was decided to recommend the organization of a Fish Commis-
sion for North Carolina, and suggestions to be incorporated imto a
bill relatine to the formation of the Fish Commission were drawn up

and passed unanimously by the committee. These snggestions and .

REPORT OF COMMITTEE ON FISHERIES. 3)

recommendations are given, together with others passed by this com-
mittee, at the end of this report. As the committee have recom-
mended so strongly the formation of a Fish Commission end feel
confident that the same will be appointed, it did not attcmpt to
recommend many changes in any of the laws that refer to decided
local conditions, except where these were known to be injurious to the
general fishing industry.

The existing laws relating to the fish and oyster industries as given
in the Revisal of 1905 were taken up and carefully discussed; and
recommendations made regarding these are given at the end of this
report.

These discussions brought out a nearly unanimous opinion that
there is over-fishing of the waters of North Carolina, and, as stated
by Mr. Moore of the Bureau of Fisheries, ‘‘the trouble in the decrease
in the quantity of fish in North Carolina comes not from the pre-
dominant evils of any particular apparatus, but from the fact that
you have caught too many fish; and if you catch them, whether by
seines, gill-nets, or pound-nets, you are going to reduce them below
the reproductive power of the fishes, and have a reduction in the
fisheries. The question of the propagation of fish is one to which the
Bureau has given a great deal of attention. Unfortunately, the
United States Government can propagate the fish, but has no way of
protecting them. Many of the States have neglected to protect their
fish; in other words, they have allowed over-fishing. They have
allowed apparatus to be used in places where it ought not to be
placed, and our efforts have gone for naught. Unless some fish legis-
lation is carried out in North Carolina, there will very likely be some
such state of affairs here. To emphasize the point I make, the ques-
tion is not so much one of particular apparatus as it is one of general
over-fishing, and the aim of this Board should be to cut down the
amount of apparatus fished and to restrict at all places the fishing
season.”

Mr. Moore also further stated, in discussing Section 2435: “The
amount of apparatus that is fished in the State is obviously con-
siderably greater than the fisheries of the State can support. You
have seen the results in a decrease in the catch from year to year.
While there is no particular reason that one locality should be per-
mitted to fish nets and another locality be prohibited, at the same
time there must be some restriction. I do not know what general

2

10 REPORT OF COMMITTEE ON FISHERIES.

measures the Board will eventually take, but it should take some
means to cut down the amount of apparatus that is used, or at least
measures that will prevent a very great extension of apparatus over
that in use in the past year. Of course, the waters of North Carolina
cover a great area and will support a large fishery, but they will not
support a fishery that is subject to indefinite extension. Three
thousand pound-nets and I don’t know how many gill-nets—some
million yards, perhaps—compose a great big amount of apparatus to
put down in the waters of this State. Now I think that in the
attempt to bring about consistency in various matters here, that
should be considered.”

Mr. Cotteld remarked concerning this section as follows:

“My idea has been, all the while, that the object of the formation
of this committee was to suggest some legislation by which the fish
might be protected, the catch limited, and the fish interests fostered.”

The result of these discussions of the amount of apparatus and
the open season for fishing was a unanimous passage of the following
resolutions :

“Pesolved, That it is the sense of this committee that every. en-
deavor should be used to restrict the amount of apparatus in use for
fishing in the tidal waters of North Carolina so that it will not
execed the number nor total length in at the time of the canvass of
the United States Bureau of Fisheries in 1906.

“Resolved, That the open scason for shad, herring, sturgeon, and
rockfish should be curtailed as far as possible and the laws regulating
same be rigidly enforced.”

The discussion of Section 2440 of the Revisal of 1905, known as
the Vann Bill, was very deliberate, and the questions at issue in this
bill were very carefully considered and argued by every member of
the committee. Mr. R. W. Smith, of Manteo, Roanoke Island, who
represented the people most seriously affected by this bill, argued
strenuously for more open ground for fishing than first allowed by
the Vann Bill. The points raised were discussed pro and con, and the
final decision of the committee, which was passed unanimously, is
given in the pages following this report under Section 2440. The
changes recommended for this bill are such that the committee believe
it will really inerease the efficiency of the bill in its protection of
the shad and herring, and it does at the same time give a larger area

REPORT OF COMMITTEE ON FISHERIES. iE

of fishing ground around Roanoke Island and the west shore of Pam-
lico Sound to the fishermen of Roanoke Island.

A resolution was also passed that, in the event of the formation of
a Fish Commission, the Fish Commissioner be requested to investi-
gate the catching of the ‘‘run-down” shad and see if provision can not
be made so that these can be returned to the water alive.

A subject that was given most serious consideration and discussed
in the minutest detail was the cultivation of the oyster and clam in
the waters of North Carolina. The result of the deliberations of the
committee on this question was the recommendation of legislation
which will throw open for cultivation certain definite areas of sea-
bottoms in North Carolina and provide an incontestable title to the
holders of the bottoms. These recommendations are given at the end
of this report under the head of Cultivation of the Oyster. This
question was very ably discussed by Messrs. Moore, Lupton, Gowdy,
Webb, and the chairman.

Another point taken up of particular importance, especially in the
event that the legislation regarding the cultivation of the oyster and
clam is passed, was the modification of the laws relating to the Oys-
ter Commissioner. It was the sense of this committee that there
should be formed a Shell-fish Commission at whose head would be
the Shell-fish Commissioner, who would have the appointment of a
Deputy Commissioner and inspectors; and that the organization of
this commission should be along similar lines as that of the Fish
Commission. Such recommendations for legislation leading to the
formation of the Shell-fish Commission are given at the end of this
report and represent amendments to Sections 2398, 2403, 2404, 2405,
2406, 2407, and 2422. These recommendations were passed unani-
mously by the committee, as were also all the recommendations
regarding amendments to the present laws.

The work of the oyster inspectors was discussed, and it was brought
out quite clearly that their work was not satisfactory. Under the
present conditions there is an inspector at every packing-house, which
is a heavy burden upon the oyster fund, and especially when the
oysters brought in are not thoroughly inspected and the uneulled,
according to law, rejected. A remedy has been suggested, as given
under Section 2393, which the committee believe will greatly reduce
the number of inspectors that will be required to enforce the laws
relating to oysters and clams.

12 REPORT OF COMMITTEE ON FISHERIES.

The following special resolutions were passed by the cominittee:

That the State shall exercise exclusive jurisdiction and control
over all the shell fisheries of the State, whether these fisheries be tor
oysters, clams, scallops, or other mollusea,

That the Shell-fish Commissioner shall be given jurisdiction over
all the waters of the State as regards oysters, clams, scallops, and
other mollusea.

That in case the provisions relating to the cultivation of the oysters
presented in this report should fail of passage, no restrictions be pro-
posed in regard to the shipment of shell oysters out of the State.

A motion was made and passed unanimously expressing the appre-
ciation of the committee to Dr. H. I. Moore, of the United States
Bureau of Fisheries, for his efficient services, which have been of
inestimable value to the committee in their deliberations; and to
Dr. R. EK. Coker for his interest and assistance in the work of the
committee on questions relating to oyster cultivation.

The committee adjourned sine die, at noon of Friday, Septem-
ber 9, 1906.

JosepH Hyper Prarv,
Chairman.
R. W. Smira,

Secretary.

RESOLUTIONS ADOPTED BY THE COMMITTEE INVESTI-
GATING THE FISHING INDUSTRIES OF THE STATE.

FIN-FISH INDUSTRIES.

In taking up the discussion of the fin-fish industries of North Caro-
lina, it was the unanimous opinion of the committee that in order
to protect the fishes of North Carolina and to derive the benefit
desired from the laws passed relating to the fin-fish, it is essential
and necessary that a Fish Commission be organized and appointed
by the Legislature which shall have power to enforce the laws and
keep in close touch with the various fishing industries and problems
throughout the entire year. The committee unanimously recom-
mend the organization of a Fish Commission according to the fol-
lowing:

1. North Carolina Fish Commission. The Fish Commission shall,
except as in this act otherwise provided, consist of a single Commis-
sioner. He shall be appointed by the Governor by and with the
advice and consent of the Senate within thirty days after the passage
of this act. He shall be responsible for the carrying out of the duties
of his office to the Geological and Economie Survey Board and shall
make semi-annual reports to them. The term of office of such Com-
missioner and his successors in office shall be four years, or until their
successors are appointed and qualified, and in case of vacancy in the
office, the appointment shall be to fill the vacancy. The said Com-
missioner shall appoint a Deputy Commissioner. During the absence
or inability to act of the Commissioner, the Deputy Commissioner
shall have and exercise all the powers of the Commissioner. The
Commissioner and Deputy Commissioner shall each execute and file
with the Secretary of State a bond to the people of the State in
the sum of seven thousand and five thousand dollars respectively, with
sureties to be approved by the Secretary of State, conditioned for the
faithful performance of their duties and to account for and pay over
pursuant to law all moneys received by them in their office. The Fish
Commissioner shall take and subscribe an oath to support the Consti-
tution and for the faithful performance of the duties of his office,
which oath shall be filed with the bond. The Deputy Commissioner
may be removed for cause by the Commissioner, who may appoint his
successor.

1+ REPORT OF COMMITTEE ON FISHERIES.

inspectors or deputies. The Fish Commissioner shall appoint
inspectors (or deputies) in each county of the affected territory, who
will assist him at whatever time he may need their services. The
said inspector may be the Sheriff or his deputy in said county and
shall serve under the direction of the Commissioner, receiving com-
pensation not to exceed three dollars per day and necessary expenses
while in actual service.

Office and clerical force. The Fish Commissioner shall have an
otiice in some town conveniently located to the maritime fisheries, and
he is authorized to employ such clerks as may be necessary for the
proper carrying on of the work of his office.

Equipment. The Fish Commissioner is authorized by and with
the consent of the Geological and Economie Survey Board to purchase
or rent such boats, nets, and other equipment as may be necessary to
enable him and his deputies to carry out the duties of his office, as
specified in this act.

Duties. The Fish Commissioner shall have charge of the enforce-
ment of all acts relating to the fish and fisheries of North Carolina,
except those relating to oysters, clams, scallops, and other mollusea ;
he shall collect and compile statistics showing the annual product of
the fisheries of the State otherwise than those specified above; of the
capital invested and the apparatus employed; he shall prepare and
have on file in his oftice maps based on the charts of the United States
Coast and Geodetie Survey of the largest scale published, showing as
closely as may be the location of all fixed apparatus employed during
each fishing season; he shall have surveyed and marked in a promi-
nent manner those areas of the waters of the State in which the use
of any or all fishing appliances are prohibited by law; he shall be
responsible for the collection of all license fees, taxes, fines, or other
imposts upon fisheries and shall receive all fines imposed for the
infraction of the fishery laws, and shall pay same into the State
Treasury to the eredit of the Fish Commission fund to be drawn
upon as directed by the Geological and Economic Survey Board; he
shall carry on investigations relating to the migrations and habits
of the fish in the waters of the State, and for this purpose he may
employ such scientific assistants as may be authorized by the Geolog-
ical and Economie Survey Board.

REPORT OF COMMITTEE ON FISHERIES. Ld

Arrests without warrant, when and how made. The Fish Com-
missioner, Deputy Commissioner, and inspectors shall have power,
with or without warrants, to arrest any person violating any of the

fishery laws.

Power to take fish. The Fish Commissioner and the United
States Bureau of Fisheries may take and cause to be taken for
scientific purposes, or for fish culture, any fish or other marine organ-
isms at any time from the waters of North Carolina, any law to the

contrary notwithstanding.

Salaries. The salary of the Fish Commissioner shall be fifteen
hundred dollars per year and the expenses necessarily incurred by
him in the discharge of his duties; that of the Deputy Comnussioner
shall be nine hundred dollars per year and the expenses necessarily
incurred by him in the discharge of his duties. The salaries of clerks
and of scientific assistants which may be employed from time to time
are to be fixed by the Geological and Economic Survey Board.

No interest in fisheries. ‘The Fish Commissioner, Deputy Com-
missioner, and inspectors shall not be interested in any fishing idus-
try in North Carolina.

Revenue. All license fees, taxes, fines, or other imposts upon the
fisheries or fines imposed for infraction of the fishery laws im what-
ever manner collected, shall be paid to the State Treasurer to the
credit of the Fish Commission fund to be drawn upon as directed by
the Geological and Economie Survey Board, and shall constitute the
revenue of the Fish Commission.

DISCUSSION OF PRESENT FISHING LAWS.

The present fishing laws as they stand on the statute-book of the
Revisal of 1905 were taken up and each one reviewed carefully by
the committee, who report their opinion regarding them in the fol-
lowing resolutions:

That section

2424. Croatan marshes. If any person, for the purpose of taking fish. shall
between the first day of February and the first day of May, of the same year,
use or cause to be used, at or within half a mile of the marshes separating the
waters of Croatan and Pamlico sounds, any weir, hedge, net or seine, he shall
be guilty of a misdemeanor.

Code;:s. 3378; R. C., c. 81, s. 4; 1844, ¢. 40, s. 3:

remain as it is.

16 REPORT OF COMMITTEE ON FISHERIES.

That section

2425. Masonboro and Myrtle Grove sounds. If any person shall use any
pyke-nets or set down seines, or place any fish-trap for the purpose of catching
fish in the waters of Masonboro and Myrtle Grove sounds in New Hanover
County, he shall be guilty of a misdemeanor, and fined not more than fifty dollars
or imprisoned not more than twenty days.

Code, s. 3421; 1883, ec. 288, ss. 1, 2.
remain as it is.

That section

2427. Lay days for Pamlico River. If any person, from the fifteenth day
of February to the tenth day of May of every year, from twelve o’clock meridian
of Saturday until sunrise Monday morning of each week, shall fish any seine,
set-net, drift-net, or any other net of any name or kind whatever, in the waters
of Pamlico or Tar rivers and tributaries, except bow or skim nets, he shall be
guilty of a misdemeanor.

Code, s. 3416; 1883, ¢. 137, s. 3.

be repealed, only two of the committee being opposed to this. Under
new legislation, a general law is suggested prohibiting the hauling,
raising, shooting of any nets from twelve o’clock midnight of Satur-
day until twelve o’clock midnight Sunday.

That section

2428. Fishing dutch-nets in Pamlico and Tar rivers. If any person shall
set down or fish any dutch, ped, pyke, or pound net, or net of Hike kind, in the
waters of Pamlico or Tar rivers or their tributaries, except in the manner, and
in the part, and during the time, which such nets are by law allowed to be
fished, he shall be guilty of a misdemeanor, and shall be fined not less than fifty
dollars nor more than one hundred dollars, and shall be imprisoned in the county
jail not less than thirty and not more than sixty days.

Code, s. 3417; 1903, ec. 52.
remain as it is.

That section

2429. Dutch-nets in Pamlico River. It shall be lawful to fish with dutch,
pod, pyke, or other pound nets, or nets of like kind, in the waters of Pamlico
River below a line beginning on the southern shore of Pamlico River at Maule’s
Point, and running due north to a point on the northern shore of said river:
Provided, that no duteh, pod, pyke, or pound net, or other net of like kind, shall
extend out in said river more than one-eighth of the distance across said river
from the shore, and that none of said dutch, pod, pyke, or pound nets shall be
set, placed down, or fished nearer to each other than five hundred yards, measur-
ing up and down the river; nor shall they be placed, set down, or fished within
five hundred yards of any seine-beach in actual use for hauling a seine, nor
within one mile of the mouth of Bath Creek: Provided, no nets of the kind

REPORT OF COMMITTEE ON FISHERIES. lvé

enumerated in this section, or other nets of like kind, shall be placed down, set,
or fished in said rivers between the tenth day of May and the first day of July
in any year. Whenever any person shall complain to the Oyster Commissioner
or any inspector that dutch, pod, or pyke nets, or other nets of like kind, have
been placed down or set in any of the waters of Pamlico River, cr in any of its
tributaries, contrary to and in violation of this section, said Oyster Commissioner
or inspector, or person performing the duties of such, shall at once visit said
river, make a complete and full examination of all dutch, pod, or pyke nets, or
other nets of like kinds, in said river, and ascertain whether they «re placed down,
set, or fished in violation of the provisions of this section, and he shall report to
the Solicitor of the district in which the offense is committed.

Code, s. 3417; 1903, c. 52.

remain as it is, with the exception that the words “Oyster Comimis-
sioner” shall be changed to “Fish Commissioner,” provided the Fish
Commission act creating the Fish Commissioner is passed by the
Legislature; and that ‘‘tenth day of May” shall read “first day of
May.”

That section

2430. Dutch-nets in Currituck Sound. If any firm, company, or corporation
shall operate or cause to be operated in the waters of Currituck County, or be
interested in (in any manner whatsoever) more than six pound or dutch nets, or
use more than one hundred yards of hedging to a net, or set a stand of such nets
exceeding eight hundred yards in length from land to the extreme outward end;
or if any person shall set any pound or dutch nets to the east of the center of
Currituck Sound, except that part from the west point of Mackey’s Island north
of the Virginia line; or if any person shall leave any landing or anchorage before
sunrise for the purpose of fishing in Currituck Sound er tributaries, or shall
continue to fish after dark, he shall be guilty of a misdemeanor and be fined not
less than twenty-five nor more than fifty dollars. This section shall not prohibit
fishing after dark in that part of said sound west. of a line beginning at the
north point of Bell’s Island, thence north not more than one thousand yards
from the mainland to the mouth or entrance of Tull’s Creek, nor night fishing
between the thirty-first day of March and the twentieth day of October five
hundred yards from the shore from Martin’s Point to Kitty’s Hawk bay.

1905, c. 273, ss. 3-7.
‘remain as it is.
That section

2431. Shipping or selling fish, Currituck County. If any person shall catch
or capture any fish with nets or other appliances in the waters of Currituck
County between the thirty-first day of March and the twentieth day of October
of each year, or shall sell or ship out of the county or State any fresh fish
between said dates; or if any person shall be found with more than twenty-five
pounds of fresh-water fish in his possession between the thirty-first day of
March and the twentieth day of October of each year—herrings, mullets, shad,

5)

18 REPORT OF COMMITTEE ON FISHERIES.

and eels excepted; or if any person shall in said county catch eels for market
between the thirtieth day of April and the twentieth day of October following
in each year, he shall be guilty of a misdemeanor and be fined not more than
fifty dollars and not less than twenty-five dollars. Any citizen may catch not
to exceed twenty-five pounds at any time for home consumption, and sell or give
not more than ten pounds to any one person in one day.

1906. Ge373, 's. VIG
remain as it is.
That section

2432. Game warden’s right to search vessels. If any constable, game
warden or justice of the peace of Currituck County shall be informed, or have
cause to suspect, that either of the two preceding sections are being violated, he
is hereby authorized and empowered to examine the contents of any fishing-boat,
or packages in transit, and any person or common carrier refusing to exhibit
the contents of any fishing-boat or package to such officer shall be guilty of a
misdemeanor, and shall be fined not less than twenty-five and not more than
fifty dollars.

1905; cz 273, 88.2; 7.
remain as it is.
That section

2433. Direction of nets in Pamlico Sound. Every net (unless the same be
a drag-net and hauled to the shore) which may be used for catching shad in
that portion of the waters of Pamlico Sound lying between a line drawn east-
wardly from Stumpy Point and Mount Pleasant in Hyde County to a point ten
miles south of Hatteras Inlet in said sound, shall be set. and fixed in said
waters, in a direction from north to south, and shall not be used in any other
manner; and any person offending against this section shall, for every offense,
forfeit five dollars.

Code; s..3381; 1889, c. 261; RC, ¢. 81, s.. 7; 1844, c) 40,5. 6.
be repealed.

That section

2434. In Carteret County. If any person shall catch mullets in the waters
of Carteret County with a seine or net having a mesh of less than one and
one-eighth inch; or if any person shall in the waters of Carteret County, except
in Neuse River, use for the purpose of catching fish, except menhaden or fatbacks,
any seine or net more than two hundred and seventy-five yards long; or shall
join two or more nets together in said county so that the length thereof shall
be more than two hundred and twenty-five yards, he shall be guilty of a misde-
meanor and fined not more than fifty dollars or imprisoned not more than thirty
days. And any person using a net exceeding the length allowed by this section

REPORT OF COMMITTEE ON FISHERIES. 19

shall forfeit said net, one-half thereof to go to the informer, the other half to
the school fund.

1895, c. 25; 1903, c. 508.

be amended so that the clause “and fined not more more than fifty
dollars and imprisoned not more than thirty days” shall read ‘tand
fined not less than fifty dollars nor more than one hundred dollars, or
imprisoned not less than thirty nor more than sixty days’; and that
“school fund” shall read ‘‘Fish Commission fund.”

That section

2435. Dutch-nets in Carteret County. If any person shall use or cause to
be used any dutch-net, pound-net, or other stationary trap, net, or seine of similar
description, by whatever name known, in the waters of Carteret County for the
purpose of taking fish therefrom, he shall for each day’s use thereof forfeit and
pay the sum of fifty dollars. The penalties herein created shall be recovered by
a warrant before any justice of the peace in the county of Carteret, and shall be
applied to the use of the public schools of said county; and such offender, in
addition to the penalties contained in this section, shall be guilty of a misde-
meanor and fined not less than one hundred dollars: nor more than five hundred
dollars, or imprisoned in the county jail not less than six months nor more
than twelve months: Provided, this section shall not apply to the ordinary
set-nets heretofore in use in the waters of said county.

Code, s. 3420; 1883, ¢. 199.

be amended so as to read, “If any person shall use or cause to be used
any dutch-net, pound-net, or other stationary trap, net, or seme of
similar description, by whatever name known, in the waters of Car-
teret County for the purpose of taking fish therefrom, he shall for
each day’s use thereof forfeit and pay the sum of fifty dollars,
excepting from Point of Marsh on south side of Neuse River and run-
ning westwardly to Adam’s Creek and extending out to a distance of
one thousand yards from the shore: Provided, that in no ease shall
the distance the nets extend out into the water be greater than one-
eighth of the width of the river: Provided further, that the nets
shall be one-half mile apart. The penalties herein created 7
to read the same as original section, except that “applied to the use
of the public school fund of said county” shall be changed to read,
“applied to Fish Commission fund.”

That section

2436. Obstructions in Carteret County. If any person shall obstruct any
navigable water or passageway for fish in Carteret County by placing bushes,
posts, or any stationary material or fixtures in such a manner as to prevent the
free passage of fish, he shall be guilty of a misdemeanor and fined not less than
one hundred dollars. Nothing in this section shall be construed to prohibit any

20 REPORT OF COMMITTEE ON FISHERIES.

person from using a lawful net or seine in any way or manner except as a stop-
net or seine. This section shall not apply to any net that the fish can pass freely
by one end.

1903. ©. 520.
remain as it Is.
That seetion

2437. Mullets in Carteret. If any person shall fish for or cateh any mullets
with any purse-seine or purse-net in any waters within the limits of Carteret
County, extending to the extreme limits of the State’s jurisdiction in and over
such waters, he shall be guilty of a misdemeanor and be fined not less than five
hundred dollars or imprisoned not less than one year. For the purposes of this
section the following boundaries are hereby declared to be the boundaries to which
the waters of said county extend, to-wit: A distance of three nautical miles,
measured from the outer beach or shores of Carteret County, out and into the
waters of the Atlantic Ocean; and any portions of any water within a distance
of three miles from said waters of the Atlantic Ocean to any beach or shore of
said county shall be deemed the waters of said county for the purposes of this

section,

1903, c 583; 1905, ee. 274, 508.
remain as it is.

That section

2438. Menhaden fishing. If any person shall catch any menhaden or fatbacks
within the waters of the State of North Carelina, to the extreme limits of the
State’s jurisdiction in and over such waters in any purse-net or purse-seine with
a bar of less than one inch and with a mesh of less than two inches, or shall
knowingly cook or manufacture for fertilizer any menhaden or fatbacks caught in
any net or seine having bars of less than one inch or having meshes of less than
two inches, at any place within the State of North Carolina, he shall be guilty
of a misdemeanor, and for each and every offense shall be fined not less than five
hundred dollars or imprisoned for one year, or both, in the discretion of the
Court. For the purposes of this section the following boundaries are hereby
declared to be the boundaries to which the waters of the said State extend,
to-wit: A distance of three nautical miles, measured from the outer beach or
shores of the State of North Carolina, out and into the waters of the Atlantic
Ocean; and any portions of any water within a distance of three miles from
said waters of the Atlantic Ocean to any beach or shore of said State shall be
deemed within the waters of said State for the purposes of this section. This
section shall not apply to the counties of Dare, Brunswick. Pender, and New
Hanover. Every person found fishing for menhaden or fatbacks within three
miles of the shore of any county, except the counties of Brunswick, New Hanover,
and Pender, shall be presumed to have violated this section. And all sueh
persons, firms, or corporations shall be subject to all the pains and penalties
denounced in this section, and they may be prosecuted in the courts of any

REPORT OF COMMITTEE ON FISHERIES. 21

county in this State. All persons aiding and abetting shall be guilty as prin-
cipals.
1905, ec. 274, 508.

remain as it is.

That section

2439. Dutch-nets in Albemarle Sound and its tributaries. No person shall
set or fish any dutch-net or pound-net in Roanoke River, Cashie or Middle and
Eastmost rivers, or within two miles of the mouth of said rivers, or within one
mile of the mouth of any other river emptying into Albemarle Sound, of less than
two miles in width at its mouth, and any such net set within cne mile of the
mouth of any other river emptying into said sound shall not extend into the
main channel at its mouth. No person shall set or fish with a dutch-net or
pod-net within half a mile to the eastward or westward of the outside windlasses
or snatch-blocks of any seine-fishery in operation on siid sound: and any such
net set or fished within one mile of such windlasses er snatch-blocks of any
seine-fishery in operation shall run in a due north and south course from the
shore, and shall not extend further into the sound from the water’s edge than
the distance from such windlass or snateh-bloecks to the line of such net; and
all persons who shall set or fish any such net jn said sound shall pull up and
remove the stakes used for the same by the first day of June next succeeding
the fishing season, and if any person shall set or fish any dutch-net or pod-net in
said sound in violation of this section, he shall be guilty of a misdemeanor, and
be subject to a penalty of three hundred dollars, to be recovered by any person
in the Superior Court of the county in which the offense shall be committed.
And the Sheriff of such county shall, when requested, remove any portion of such
nets set or fished in violation of this section at the cost of the violator: Provided,
that dutch-nets may be used in Cashie River two and one-half miles from its
mouth, if they do not extend more than one-third the width of said river from the
shore, and such nets may be along the sound shore on the Bertie County side
between the following points along said shore, to-wit: commencing at the mouth
of Cherry Tree Cut branch, Kentrock field and Landing field. and running
around the shore to the mouth of Morgan swamp, thence to Rock Spring branch,
and that any nets set or fished within that line shall not extend from the shore
in any direction a greater distance than four hundred and fifty vards measured
at high water, and within this distance of four hundred and fifty yards is to
be included the nets, hedges and all parts thereof.

Code, s. 3383; 1889, c. 122; 1891, c. 322; 1895, c. 245; 1899, c. 310; 1899, c. 412.

be amended as follows: In line 13, “in a due north and south course”
change to read “at right-angles to the shore”; in line 17, ‘‘remove the
stakes used for the same by the first day of June next succeeding the
fishing season” to read “remove all broken, decayed, and abandoned
stakes by the first day of May of each year”; and further in lines 21
to 25, beginning “to be recovered” and ending “‘of the violator,” shall

___he omitted if the Fish Commission act is passed.

ERRATA.

On page 21, in last paragraph, reference to lines 13, 17, 21 and 25
should read lines 11, 15, 18 and 21 respectively.

re) REPORT OF COMMITTEE ON FISHERIES.

That section

2440. Dutch-nets in Pamlico and Albemarle sounds. If any person shall
set or fish any net, seine, or appliance of any kind for catching fish at any place
within a radius of two and one-half miles either way from Rcoanoke Marshes
lighthouse at a distance more than five hundred yards from the shore of Roanoke
Island or the mainland on the western side of Croatan and Pamlico sounds; or
shall set or fish any pound or dutch net on the eastern side of Pamlico Sound
within ten miles of the Roanoke Marshes lighthouse, except such as shall be
fished within five hundred yards of the Roanoke Island or Hog Island shores;
or shall set or fish any dutch or pound net on the eastern side cf Pamlico Sound
more than two thousand yards west of a line running south-scutheast from Big
Island to Bulkhead or shoal west of Chicamacomico or south of said point more
than two thousand yards from the shoals as marked on the United States Govern-
ment chart made from data obtained to November twenty-second, one thousand
nine hundred and four; or shall set or fish any dutch or pound net on the west
side of Pamlico Sound in said sound extending into the water more than two
thousand yards from the shore of the mainland; or shall set or fish any pound
or duteh net in Croatan Sound further from the shore than one-fifth the width
of said sound at that point; or shall set or fish any pound or dutch net in the
Albemarle Sound more than two thousand yards from the shore of the mainland,
or in Chowan River further from shore than one-third the width ef said river at
place where said nets are fished or set, or within one-fourth mile of any wharf
used by a steamer on said river; or shall set or fish any net or appliance of any
kind for catching fish within one mile on north or south side of a line five miles
long running west from center of New Inlet or Oregon Inlet, or on north or
south side of a line five miles lone running northwest from center of Hatteras
Inlet, he shall be guilty of a misdemeanor and be fined or imprisoned, in the
discretion of the Court. The provisions of this section shall apply only to that
part of each year beginning January fifteenth and ending May fifteenth. The
place of trial for offenses under this section shall be the county opposite where
the act was committed. It shall be the duty of the Oyster Commissioner or
Assistant Oyster Commissioner, whenever an aflidavit is delivered to him stating
that the affiant is informed and believes that this section is being violated at any
particular place, to go himself or send a deputy to such place, investigate same,
and he shall seize and remove all nets or other appliances setting or being used
in violation of this seetion, sell same at public auction and apply proceeds of sale
to payment of cost and expenses of such removal, and pay any balance remaining
to the school fund of county nearest to where offense is committed.

1905, ¢,. 292.
be amended so as to read as follows:

Dutch and other nets in Pamlico and Albemarle sounds and con-
tiguous waters. If any person shall set or fish any net, seine or appli-
ance of any kind for catching fish at any place within a radius of two
and one-half miles either way from Roanoke Marshes lighthouse at a
distance more than five hundred yards from the shore of Roanoke
Island or the mainland on the western side of Croatan and Pamlico
sounds, except that on the western side of Pamlico and Croatan

REPORT OF COMMITTEE ON FISHERIES. 23

sounds fishing shall be permitted in that territory extending one
thousand yards from the shore beginning at the two and one-half
mile limit heretofore defined and extending to the southern end of the
Roanoke Marshes on the Pamlico Sound side and to the north end of
the same marshes on the Croatan side, but in neither case shall the
nets within this one-thousand-yard limit be within one and one-
quarter miles in any direction from the Roanoke marshes lighthouse ;
or shall set or fish any pound or dutch net on the eastern side of Pam-
lico Sound within ten miles of the Roanoke Marshes lighthouse,
except such as shall be fished within one thousand yards of the
Roanoke Island or Hog Island shores; or shall set or fish any dutch
or pound net on the eastern side of Pamlico Sound more than two
thousand yards west of a line running south-southeast (magnetic)
from Big Island to a point on the twelve-foot curve westerly of Chica-
macomico, or south of said point more than two thousand yards from
the twelve-foot curve as marked on the chart of the Coast and Geodetic
Survey corrected from data obtained to November 22, 1904; or shall
set or fish any dutch or pound net on the west side of Pamlico Sound
in said sound extending into the water more than two thousand yards
from the shore of the mainland; or shall set or fish any pound or
dutch net in Croatan Sound further from the shore than one-fifth of
the width of said sound at that point; or shall set or fish any net,
seine, or appliance of any kind for catching fish at any place within
the area of one-fifth the width of the sound or river on either side
of a line passing through the middle of Croatan and Albemarle sounds
up Chowan River and other tributaries of Albemarle Sound; or shall
set or fish any pound or dutch net in the Albemarle Sound more than
two thousand yards from the shore of the mainland or in Chowan
River further from the shore than one-fourth of the width of said
river at the place where said nets are fished or set or within one-
fourth mile of any wharf used by a steamer on said river; or shall
set or fish any net or appliance of any kind for catching fish within
one mile on either side of a line running westerly or southwesterly
from the center of New Inlet to an intersection with the line extend-
ing from Big Island southeast (magnetic) or within one mile on
either side of a line running westerly or southwesterly from the
center of Oregon Inlet to a point two thousand yards west of the
continuation of the said line running from Big Island south-southeast
(magnetic) or within one mile on either side of a line six miles long

24 REPORT OF COMMITTEE ON FISHERIES.

running from the center of Hatteras Inlet through and beyond Hat-
teras Inlet lighthouse, these restricted areas to include the channels
extending from Oregon, New, and Iatleras inlets respectively, he
shall be guilty of a misdemeanor and be fined not less than fifty (50)
dollars or imprisoned not less than thirty days, in the diseretion of
the Court. The provisions of this section shall apply only to that
part of each year in which shad and herring fishing are permitted by
law in the several waters. The place of trial for offenses under this

section shall be the county opposite where the act was committed.

That section

2441. Perquimans River. If any person shall fish with any seine, er set any
dutch-net or hedge within one mile of a straight line commencing at Stephenson’s
Point or the north side of Perquimans River and running in a_ southwesterly
direction to the nearest point of land on the south side ot said river known as
Belgrade Blutf, or shall haul any seine or set any duteh-net or other kind of net
so as to extend beyond the middle of said river at any point thereof, he shall be
guilty of a misdemeanor.

1893, ¢. 147,885 152, 4.
remain as it 1s.

: P

That section

2442. Pasquotank County. If any person shall set any pyke or pound net
in Pasquotank River above the town of Elizabeth City, or shall haul or fish
with a drag-net, or set a pound-net in Big Hatley Creek, or Little Hatley Creek,
within two hundred yards of the mouth of either cf said creeks, he shall be
euilty of a misdemeanor and be fined not exceeding fiftv dollars or imprisoned
not exceeding thirty days.

1895, « 389; 1903, ec. 497.
remain as it Is.

That section

2443. Obstructions in Little River. If any persen shall place any obstrue-
tion in Little River, dividing the counties of Pasquotank and Perquimans, and
allow it to remain for a longer time than ten days, he shall be enilty of a misde-
meanor, and fined not less than five dollars nor more than ten dollars: Provided,
nothing in this section shall be so construed as to prohibit citizens from fishing
with dip-nets in said river during the months of March and April in each year.

Code, s. 3400; 1881, ¢. 18.
remain as it is.

That seetion

2444, Fish offal not thrown in navigable waters. If any person shall throw,
or cause to be thrawn, into the channel of any of the navigable waters of the

REPORT OF COMMITTEE ON FISHERIES, yi)

State, any fish offal, in any quantity that. shall be likely to hinder or prevent
the passage of fish along such channel, or if any person shall throw or cause to
be thrown into the waters known as the Frying Pan, tributary to the Great
Alligator River in Tyrrell County, any fish offal in any quantities whatsoever,
he shall be guilty of a misdemeanor.

Code, ss. 3386, 3389, 3407.
remain as it Is.
That section

2445. Scuppernong River. If any person shall set any kind of a fish weir
or pod-net, gill-net, or net of any kind in the Scuppernong River using more than
one-half of the channel of said river, or within one hundred yards of the public
bridges at Columbia and the Cross landing, crossing said river, he shall be guilty
of a misdemeanor, and fined a sum not to exceed fifty dollars, or imprisoned not
to exceed thirty days: Provided, this section shall not apply to the hauling of
seines.

Code, s. 3408; 1885, ec. 18; 1903, ¢. 91.
remain as it is.
That section

2446. Drift-nets in the sounds. If any person shall drift or fish any drift-
nets between the first day of February and the first day of May of any year,
within two miles of the mouth of any river emptying into Albemarle Sound, or
within three miles of any seine-beach on the Albemarle or Croatan sounds while
being fished, or within ten miles of Ocracoke, Hatteras, Oregon, or New inlets,
or within ten miles of the Roanoke Marshes, he shall be guilty of a misdemeanor,
and be fined not less than fifty dollars or imprisoned not less than thirty days:
Provided, the people of Dare County shall be allowed to use drift-nets for herring.

Code, s. 3396; 1881, c. 274, ss. 1, 2; 1883, c. 145.
remaln as it 1s.

m 2

That section

2447. Frying Pan Creek, Tyrrell County. If any person shall fish any
pound-net, gill-net, seine, or nets of any kind in Alligator River within one mile
of the mouth of Frying Pan Creek in Tyrrell County, or shall set any weir or
fish net of any kind or any other obstruction that prevents the passage of fish in
said creek from its mouth to Jarmin’s Point, at the two pines and low cypress,
he shall be guilty of a misdemeanor.

1889, c. 105; 1899, c. 465.
remain as it is.
That section

2448. Net stakes removed from certain waters. Every person whe shall set
or use any net in the waters of Pamlico, Croatan, Currituck, or Albemarle
sounds, or their tributaries, except Perquimans River, shall be required to pull

4

26 REPORT OF COMMITTEE ON FISHERIES.

up and remove their net-stakes within thirty days frem the day the nets were
taken from them, and not later than the first day of June, and any person failing
to pull up and remove their stakes, as required by this section, shall be guilty of
a misdemeanor, and fined not more than fifty dollars or imprisoned not more
than thirty days.

Code, ss. 3382, 3414; 1883, c. 69; R. C.

2 ; 0. 81, 8.283 W844i co. 40) ss. 73 W852,
e. 13; 1893, ec. 147.

be amended as follows: ‘tand remove their net-stakes within thirty
days from the day the nets were taken from them, and not later than
the first day of June,” to read “‘and remove all broken, decayed, and
abandoned stakes by the first day of May of each year.”

That seetion

2449. Fishing in Frying Pan, Tyrrell County. If any person shall set any
pound-net or dutch-net in Alligator River within one-half mile of the mouth of
Frying Pan Creek in Tyrrell County, or in Frying Pan Creek within three miles
of where it enters into Alligator River, he shall be guilty of a misdemeanor and
shall be fined fifty dollars or imprisoned thirty days, or both, at the diseretion of
the Court.

1905, c. 282.
remain as it is.
That section

2450. Dutch-nets at the inlets. If any person shall set any pound-net,
dutch-net, or hedge-net within two miles of Oregon Inlet or Hatteras. Inlet or
within ten miles of New Inlet in Dare County, North Carolina, or shall between
the first day of January and the first day of May following of any year, set or
operate any seine or stationary nets of any kind in the main channels within
three miles of the inside mouths of Ocracoke, Hatteras, Oregon, or any other inlet
north of Ocracoke Inlet, connecting the waters of the Atlantic Ocean with any
of the sounds or other inland waters of North Carolina, or shall fish with
seines or nets of any description in the waters of Bear Inlet or Brown’s
Inlet or within one mile of Bear Inlet or Brown's Inlet, on the eastern or western
beach of said inlets, except at regularly established fisheries on said Bear or
Brown’s Inlet beaches, or shall fish with seines or nets on the inside of said Bear or
Brown's Inlet within one-fourth mile of said inlets between the first day of
October and the first day of April. he shall be guilty of a misdemeanor.

1893, ec. 216; 1903, c. 724; 1903, c. 416.

be amended so that the reference to New Inlet, Hatteras Inlet, and
Oregon Inlet be omitted to conform with the revision of Section 2440.

That section

2451. Anchor-nets in Albemarle Sound. If any person shall set er fish an
anchor, drift, or staked gill-net. in the waters of Albemarle Sound or iis tribu-
taries west of a line running from Skinner’s Point buoy to Roanoke Hiehthouse,

or if any person shall, east of said line, set or fish in the waters of said sound

REPORT OF COMMITTEE ON FISHERIES. 27

or its tributaries any anchor, drift, or staked gill-net longer than one thousand
yards, or combination of such nets longer than one thousand yards; or shall set
or fish any anchor, drift, or staked gill-nets within one and one-half miles of any
seine-grounds on the said sound or rivers emptying therein or within one-half
mile of any dutch-net stand where the same is now located in said sound or
rivers, unless said seine-ground or dutch-net stand is owned by the person setting
such nets; or shall set or fish any line or row of anchor, drift, or staked gill-nets
anywhere in said sound or rivers nearer to any other row of such nets than half
the length of the longer of said row, he shall be guilty of a misdemeanor, and
shall be fined not exceeding one hundred dollars or be imprisoned not more than
thirty days. And any person who shall wilfully violate the provisions of this
section shall forfeit and pay for each violation of the same the sum of one
hundred dollars, to be recovered in a civil action by any one who will sue there-
for: one-half of said recovery shall inure to the benefit of the public school fund.

1897. ec. 51; 1899, ec. 41; 1899, ce. 130.
remain as it is.

That seetion

2452. Pamlico County. If any person shall set or fish any dutch or pound
nets in the waters of Pamlico County, or shall use any seine or drag-net in the
waters of said county, including the north side of Neuse River from the mouth
of the river to the mouth of upper Broad Creek, from the first day of May to
the first day of January next ensuing

g, or shall at any time catch fish with a
seine or drag-net along the shores of said county on any day of the week except
Monday, Wednesday, and Friday, he shall be guilty of a misdemeanor, and be
fined not more than fifty dollars or imprisoned not more than thirty days.

1885, ¢. 198; 1889, c. 544; 1893, ¢. 334.
be repealed.

That section

2453. Dutch-nets in Neuse River. If any person shall use or cause to be used
any dutch-net, pound-net, or other stationary trap-net, or seine of similar descrip-
tion, by whatever name known, in the waters of Neuse River for the purpose of
taking fish therefrom, except the ordinary set-net in use in said river, prior to
the first day of January, one thousand eight hundred and ninety-seven, he shall for
each day's use thereof as aforesaid forfeit and pay the sum of fifty dollars. The
penalties herein created shall be recovered by warrant before any justice of the
peace in the county of Carteret, Craven, and Pamlico or Lenoir, and shall be
applied to the use of the public schools of said counties, and such offender in
addition to the penalties contained in this section shall be guilty of a misde-
meanor and shall be fined not Jess than one hundred dollars, nor more than five
hundred dollars, or imprisoned in the county jail not less than six months nor
more than twelve months: Provided, that a resident and citizen of the State
may fish with dutch, trap, or pound nets in the waters of Neuse River on the
Pamlico side of said river between the mouth of said river and Upper Broad
Creek not more than five hundred vards from the shore.

Code, s. 3397; 1897, ¢. 145; 1899, c. 299; 1899, ec. 422; 1899, ¢. 435; 1901, ¢. 74:
1903, ce. 704; 1905, ec. 817.

remain as it is, except that fine shall be paid to Fish Commission
fund.

28 REPORT OF COMMITTEE ON FISHERIES.

That section:

2454. Size of meshes for seines in Neuse and Trent rivers. If any person
shall use any drag-net or seine with bars of less size than one and a quarter
inches in the Neuse and Trent rivers, or in any of the tributaries thereof, except
for the purpose of catching herring, from the fifteenth day of January to the
fifteenth day of May of each year, he shall be guilty of a misdemeanor, and fined
not less than five nor more than fifty dollars for every offense. This section
shall not apply to the waters of the Neuse and its tributaries above the Wayne
and Johnston county lines.

Code, s. 3395; 1881, ce. 146, ss. 1, 2.
remain as it 1s.
That seetion

2455. Fishing in Trent River. If any person shall set any trap, dutch,
pound, or pod net of any description whatever in Trent River, or shall at any
time extend his set-nets more than one-third the distance across the Trent River
from either side, or shall set any net nearer to any other net than one hundred
yards either on the same or on the opposite side of the river, or shall fish with
seines or set-nets of any description in Trent River from its mouth to upper
Tucker bridge, between the hours of twelve o'clock noon on Saturday and twelve
o’clock noon on Monday of each week, or shall set or haul a net or seine of any
description between the town of Trenton and Brown’s mill on said river from the
sixteenth day of May to the first day of August in each year, he shall be guilty
of a misdemeanor, and shall be fined not less than five dollars nor more than
ten dollars, or be imprisoned not less than ten nor more than thirty days.

Code, s. 3397; 1893, c. 447; 1897, c. 294.

be amended so that in next to the last line ‘tnot less than five dollars
nor more than ten dollars” shall read “not less than fifty dollars nor

more than one hundred dollars.”
That section

2456. Fishing or shooting on bridges across Neuse or Trent River at New
Bern. If any person being upon the bridges or cither of them which span the
Neuse and Trent rivers at the city of New Bern, shall fish in the waters of said
rivers while being on said bridges. except with hand-line not attached to any
pole, or shall use fire or shoot any firearms while standing or being upon either of
said bridges, he shall be guilty of a misdemeanor, and be fined not exceeding fifty
dollars or imprisoned not exceeding thirty days.

1901, ec. 36; 1901, c. 326; 1908, c. 71.
remain as it is.
That section

2457. Setting nets across streams. If any person shall set a net of any
description across the main channel of any river or creek, or shall erect, so as
to extend more than three-fourths of the distance, across any such river or creek

REPORT OF COMMITTEE ON FISHERIES. 29

any stand, dam, weir, hedge, or other obstruction to the passage of fish, or
shall erect any stand, dam, weir, or hedge in any part of any river or creek that
may be left open for the passage of fish, or who, having erected any dam where
the same was allowed, and shall not make and keep open such slope or fishway
as may be required by law to be kept open for the free passage of fish, he shall
be guilty of a misdemeanor.

Code, ss. 3387, 3388, 3389.
remain as it Is.

That section

2458. Hauling seines, Cherokee County. If any person shall fish with
seines or drag-nets or place any finger or fall traps in the Valley River, Notla
and Hiawassee rivers in the county of Cherokee, for the purpose of catching fish
from said rivers, from the fifteenth of March to the first day of June in each
year, he shall be guilty of a misdemeanor, and fined not jess than ten nor more
than fifty dollars, or imprisoned not less than ten nor more than thirty days.

Code, s. 3399; 1881, c. 12; 1897, ec. 293.
remain as it Is.
That seetion

2459. License tax on non-residents fishing with seines. If any person, not
being a citizen and resident of this State, shall catch fish by seines. nets, or other
appliances for taking fish for marketable purpeses in any waters within the
jurisdiction of this State, without first obtaining therefor a license from the
State Treasurer and for which he shall pay a privilege tax of twenty-five hundred
dollars per annum, he shall be guilty of a misdemeanor, and upon conviction
in the Superior Court of any county contiguous to the waters so fished as
aforesaid, shall be fined not exceeding three thousand dollars or imprisoned not
exceeding two years, or be both fined and imprisoned, as aforesaid, in the dis-
cretion of the Court; and any citizen of this State, or other person who shall
form an alliance or copartnership with a non-resident for the purpose of evading
this section or who shall act as an agent of any such non-resident, or as his
servant, agent, or employee, shall be deemed guilty of a misdemeanor, and upon
conviction in the Superior Court of any county bordering upon the waters fished
as aforesaid, shall be fined not less than one hundred dollars or imprisoned not
less than six months, or both, in the discretion of the Court; and the nets, seines,
boats, or other apphances of such person shall be liable by civil action to seizure
and confiscation for the benefit of the publie school fund. Any person who shall
violate this section shall forfeit and pay the sum of five hundred dollars for
each day engaged in fishing as aforesaid, to be sued for and recovered by any
citizen of this State, the one-half of such recevery to be to the use of such citizen
so suing and recovering the same, and the other half to the school fund. In any
civil action for the recovery of the penalties hereinbefore provided for and men-
tioned, no person, agent, servant, or other employee shall be excused from testi-
fying therein on the ground of incriminating himself by his answer, but such

30 REPORT OF COMMITTEE ON FISHERIES.

answer shall not be used as evidence against such witness so testifying in any
eriminal action whatsoever.

Code, s. 2202; 1897, e. 35; 1899, e. 52.

remain as it is, except that ‘“pubhe school fund” be changed to read
“Tish Commission fund.”

That section

2460. Right to fisheries. \henever any person shall acquire title to lands
covered by navigable water under the chapter entitled Grants, the owner or
person so acquiring title shall have the right to establish fisheries wpon said
lands; and whenever the owners of such lands shall improve the same by
clearing off and cutting therefrom logs, roots, stumps, or other obstructions, so
that the said land may be used for the purpose of drawing or hauling nets or
seines thereon for the purpose of taking or catching fish, then and in that case
the person who makes or causes to be made the said improvements, his heirs and
assigns, shall have prior right to the use of the lind so iinproved, in drawing,
hauling, drifting, or setting nets or seines thereon, and it shall be unlawful for
any person, without the consent of such owner, to draw or haul nets or seines
upon the land so improved by the owner thereof for the purpose of drawing or
hauling nets or seines thereon; and this section shall apply where the owner
of such lands shall erect platferms or structures of any kind thereon to be used
in fishing with nets and seines; and every person who shall wilfully destroy or
injure the said platform or structures, or shall interfere with or molest the
owner in the use of such lands as aforesaid, or in any other manner shall violate
this section, shall be guilty of a misdemeanor: Provided, this section shall not be
so construed as to relieve any person from punishment for the obstruction of
navigation,

Code, s. 3384; 1874-5, c. 183, ss. 1-6.
remain as It is.
That seetion

2461. Obstruction of fish in Hiawassee River. No person shall make, con-
struct, or build any dam, drag-net. or seine across more than three-fourths of
Hiawassee River, so as to prevent or hinder ihe free passage of fish in’ said
river, and any person making or using any dam, drag-net, or seine in said river
shall leave open and unobstructed to the free passage of fish at least one-fourth
of said river, in width, on the side most favorable to the passage of fish. Any
person offending against this section shall be guilty of a misdemeanor, and fined
not more than ten dollars for each twenty-four hours said river is so obstructed,
one-half to the use of the school fund, the other to the use of the county in which

such violation oceurs.

~

Code; §,. 8398: 1881, e 11, sso 12a.
remain as It is.
mp .
That section

2462. Regulated in certain streams. No person shall place or allaw to
remain any dam for mill or factory purposes in the Chowan River between Holli-

REPORT OF COMMITTEE ON FISHERIES. el

day’s Island and the Virginia line; in the Meherrin River between its mouth and
the Virginia line; in the Roanoke River from the mouth of the Cashie River to
the Virginia line; in the Dan River from the crossing of the State line to a
point nearest Danbury; in the Neuse River from New Bern to Neuse station in
Wake County; in Contentnea Creek from its junction with the Neuse to the
junction of Turkey and Moccasin creeks; in the Cape Fear River from Wilming-
ton to the junction of Haw and Deep rivers, and thence in Haw River to the
line of Chatham and Alamance counties, and also in Deep River to the Randolph
and Chatham line; in Rocky River from its mouth to the crossing of the Pitts-
boro and Ashboro road; in the New Hope River from its mouth to the Orange
County line; in Northeast Cape Fear River from Wilmington to South Wash-
ington; in Black River from its mouth to the junction of the Coharie;
in the South River from its junction with the Black River to the crossings
of the Fayetteville and Warsaw public road; in Lumber River from the State
line to the northern boundary of Robeson County; in the Yadkin River from
the State line to Patterson’s factory; in Elk Creek, a tributary of the Yadkin
River, from its mouth to Daniel Wheeler’s in Watauga County; in Stony Fork
Creek, a tributary of the Yadkin River, from its mouth to John Jones’ oid store ;
in Ararat River from its mouth to the bridge at Mount Airy; in Linville River
from its mouth to Linville Falls; in North Fork of Catawba from its
mouth to Turkey Cove; in Broad River from the State line to Reedy
Patch Creek; in Greene River from its mouth to its junction with North Pacolet ;
in the Tennessee River from the State line to its junction with the Nantahala;
in Pigeon River from the State line to the Forks of Pigeon; in the French
Broad River from the State line to Brevard, and in the Swannanoa River; in
Toe River from the State line to the confluence of the North and South Forks
of Toe; in New River from the State line to the point of divergence from the
western boundary-line of Alleghany County; in Little River in Johnston County
from its junction with Neuse River in Wayne County to the Wake County line;
in Cain River from the mouth of same to mouth of Bolling Creek in Yancey
County, also Old Fields of Toe on North Toe River in Mitchell County: Johns
River from its mouth to the forks of said river near Carrell Moore’s in Cald-
well County; Catawba River from the South Carolina line to the town of Old
Fort in McDowell County, unless the owner thereof shall construct thereon at
his own expense a sluice-way for the free passage of fish, of a width not less than
three feet nor more than ten: Provided, such sluice-way shall be constructed
according to plans and specifications to be furnished by the Board of Agricul-
ture, and shall not injure the water-power of such owner: Provided further,
in order to ascertain whether sluice-ways will or will not injure the water-
power aforesaid, the owner of such dam may select two disinterested persons
and the Board of Agriculture two others, who may select the fifth person to aid
in the arbitration and settlement of such complaint: Provided further, this
section shall not apply to Pigeon River in Haywood County: Provided, also,
it shall be lawful for any person to remove any obstruetion in the main channel
of the Cape Fear River to the width of one hundred feet, for the free passage
of fish in the county of Harnett. This proviso, however, shall not apply to any
dam or obstruction placed or kept upon said river by the Cape Fear Tron and
Steel Company.

Code, s. 3410; 1901, c. 208; 1880, ¢. 34; 1881, ce. 21, 32, 250, 320; 1905, e. 278.

remain as it is, except that “Board of Agriculture” shall read “Fish
Commission.”

32 REPORT OF COMMITTEE ON FISHERIES.

That sections

2463. Sluice-ways kept open when constructed. ‘The sluice-ways referred
to in the preceding section shall be so constructed and placed upon such dams
by the owner thereof within sixty days after notice has been given by the Board
of Agriculture, under a penalty of one hundred dollars per day for each day
thereafter that such dam shall remain without such sluice-way, and shall be
kept open by him during the months of February, March, April, May, June,
October, and November, and at all other times when there is sufficient water to
supply both the water-power and the sluice-way, a fine of fifty dollars per day
for each day said sluice-way shall be allowed to remain closed, and any person
who shall fish with net, trap, hook and line, or who shall take in any way
whatsoever any fish within two hundred feet of said sluice-way shall be subject
to a fine of one dollar for each fish so taken, or a fine of fifty dollars for each
offense, or imprisonment for thirty days.

Code, s. 3411; 1880, ec. 34, s.

i)

and

2464. Obstructions removed. No other obstruction to the passage of fish
shall exist or be built between the designated points in the streams mentioned
in the two preceding sections unless an opening of not less than twenty-five feet,
and not more than seventy-five feet, embracing the main channel of said streams,
shall be made by the owner of such obstructions within twenty days after notice
from the Board of Agriculture to make such opening under penalty of fifty
dollars per day for each day such obstruction shall remain unopened. Said
notice shall be served by the Sheriff of the county, and his return shall be
prima facie evidence of notice in any suit for such penalty.

Code, s. 3412; 1880, c. 34, s. 3.

remain as they are, except that “Board of Agriculture” shall read
“Fish Commission.”

That section

2465. Vessel injuring nets. If any master or other person having the
management or control of a vessel or boat of any kind, in the navigable waters
of the State, shall wilfully, wantonly, and unnecessarily do injury to any seine
or net, which may be lawfully hauled, set, or fixed in said waters for the purpose
of taking fish, he shall forfeit and pay to the owner of such seine or net, or
other person injured by such act, one hundred dollars, and shall be guilty of a
misdemeanor,

Code, ss. 3385, 3389.
remain as it is.
That section

2466. Use of dynamite for killing fish. If any person shall use any dynamite
or any other explosive agent whatever for killing fish, or shall explode any
dynamite or other explosive agent in the pubhe waters of the State where fish

REPORT OF COMMITTEE ON FISHERIES. ao

are found, except for mechanical or manufacturing purposes, he shall be guilty
of a misdemeanor and fined not more than fifty dollars or imprisoned not more
than thirty days. The possession of fish killed by explosive agencies shall be
prima facie evidence that explosives were used for the purpose of killing fish.

Code, s. 3405; 1889, ec. 312.
remain as it is.
That section

2467. When non-resident may use seines. If any person who has not
resided in the State continuously for at least twelve months next preceding
the day on which he shall begin to take fish shall use, or cause to be used, in
any of the waters of the State, any weir, hedge, net, or seine, for the purpose
of taking fish for sale or exportation, or if any person shall assist in using, or
be interested in using or causing to be used, in any such waters for the purpose
aforesaid, any weir, hedge, net, seine, or tongs in the use of which any such non-
resident person may have an interest, he shall be guilty of a misdemeanor.
Nothing herein shall prevent any person from fishing with seines hauled to the
shore at any fishery, the title to which fishery or any interest therein having been
acquired by such person by purchase or inheritance. This section shall not
extend to servants employed to fish by any persens allowed to fish in the navi-
gable waters of the State: Provided, no non-resident of the State shall make
any sale, assignment, or transfer of any fishery, weir, or other fishing apparatus,
or privilege mentioned in this section, to any citizen of the State for the purpose
of operating and working said fishery, weir, or other fishing apparatus as afore-
said, under the name and ownership of such citizen, or as the servant or employee
of any citizen; and any sale, transfer, or assignment not made bona fide and for
a full consideration shall be null and void. Upon affidavit founded upon infor- °
mation and belief that any non-resident of the State is operating any such fishery,
weir, or other fishing apparatus as aforesaid in the waters of the State, under
such sale, assignment, or transfer, as the pretended servant or employee of any
citizen of the State, it shall be the duty of the justice of the peace before whom
said affidavit is made to issue a warrant against the said non-resident and citizen
under whose name said fishery is operated, and upon conviction the said offenders
shall be guilty of a misdemeanor, and shall, for every offense, be fined not more
than fifty dollars, or imprisoned not more than thirty days. Upon the said trial
the burden of proof shall be on the defendants to prove the bona fides and full
consideration of said sale or transfer.

Code, ss. 3379, 3380; R. C., ec. 81, s. 5; 1844, c. 40, s. 1; 1876-7, ¢. 33; 1883,
Gmail

remain as it is.

That section

2468. In New Hanover County. If any person shall use any net for catching
sturgeon in the waters of New Hanover County, the bars of the meshes of which
net shall be less than ten inches in the diamond; or if any person shall fish any
seine or net in the waters of said county between the first day of January and
the first day of July of each year, or shall haul a seine or nets or pod fish within

5

34 REPORT OF COMMITTEE ON FISHERIES.

three hundred yards of any established fishery, except with the nets of such
fishery; or shall set or fish any stationary nets in the waters of the Cape Fear
River, except on the east side thereof and in New Hanover County; or shall set
any net in said river otherwise than east or west, or shall own or control more
than one line of nets, or shall operate or fish any shad-nets in Cape Fear River
below the mouth of Brunswick River between the fifteenth day of April and the
first day of January of any year; or shall set any set-net or stationary net of any
kind in the Cape Fear River north of the mouth of the Brunswick River, or in
the Brunswick River; or shall operate any drift-net in the Cape Fear River of
more than three hundred yards in length, or shall catch shad in said river with
seines or nets from the fifteenth of May to the first of January, he shall be
guilty of a misdemeanor, The possession of a sturgeon-net with meshes of a size
smaller than allowed by this section shall be prima facie evidence of having
fished the same, In setting nets in Cape Fear River as allowed by this section
the following rules shall prevail: They shall begin at a point one hundred yards
from the edge of the channel on the east side of said river and running thence
due east one hundred and twenty yards, then leaving a gap of one hundred and
twenty yards. Then from the east end of said gap another net may be set one
hundred and twenty yards only, and to continue in the same proportion, always
requiring a gap of one hundred and twenty yards to intervene between each
one hundred and twenty yards of nets so set, and no net or sets of nets of any
kind shall be placed opposite said gaps, within a distance of a half mile of same,
and none of the nets so set shall be nearer than a half mile of the west shore
of said Cape Fear River. An established fishery in the meaning of this section is
one where there is a camp for the use of the hands, and where the seine or nets
and boats used by the said fishery are kept, and where the said fishery was
established prior to the first day of January, one thousand eight hundred and
ninety-nine,

Code, s. 3403; 1901, c. 173; 1899, c. 440; 1881, ¢. 280.
remain as it is.

That section

2469. Northeast Cape Fear. If any person shall fish in the nertheast branch
of the Cape Fear River with seine, net, cr trap, from the twenty-third day of
February to the first day of July of any year, between the hours of six o’elock
P. M. on Saturday and six o’clock P. M. on Monday of each week, or shall at
any time use more than one seine at a time in any fishing-hole in said river, or
use, set, or place in said river any hedge, trap, or other obstruction which will
prevent the free passage of fish up said river, which said hedge, trap, or other
obstruction shall extend more than one-third across the main channel of the
said river, he shall be guilty of a misdemeanor. ‘This section shall not apply to
that portion of said river which lies between the city of Wilmington and a point
on said river known as The Three Cypresses, twelve miles distant from said city
of Wilmington.

1889, ¢. 182; 1891, ¢, 198.

remain as it is.

REPORT OF COMMITTEE ON FISHERIES. Oo

That section

2470. In Brunswick, New Hanover, and Pender counties. If any person
shall use in any of the waters of Brunswick, New Hanover, and Pender counties
any nets, seines, set-downs, fish-traps, or any other nets of any description, for
the purpose of taking fish, the bars of the meshes of which nets, seines, set-
downs, or fish-traps shall be less than one and one-eighth inches in length; or
shall, with seines or nets of any kind, catch any fish in the waters of the Cape
Fear River from its mouth to the Bladen County line, or in the waters of the
Northeast Cape Fear or Black rivers in Pender County between six o’clock P. M.
on Tuesday and six o'clock P. M. on Wednesday, or shall obstruct the free
passage of fish in the waters of said rivers, he shall be guilty of a misdemeanor.

M8852 ¢, 226 1887, e771.
remain as it is.

That seetion

2471. In Black River and Mingo Creek. If any person shall fish in that
part of Black River in Sampson and Cumberland counties and below the Atlantic
Coast Line Railway bridge, or in Mingo Creek in said counties below the Averas-
boro and Clinton road otherwise than with a hook and line, he shail be guilty of a
misdemeanor.

1895, ec. 276.
remain as it is.

That section

2472. In certain streams in Cumberland, New Hanover, Brunswick, and
Sampson counties. If any person shall catch or destroy with seines, nets,
firearms, bows and arrows, or by muddying or stirring the waters, or by striking
any fish of any kind in the waters of Black or South rivers, or the waters of Big
Coharie, Little Coharie, Bear Skin, and Big Swamps in the counties of New
Hanover, Sampson, Cumberland, and Harnett, and of the waters of Six Runs
in the counties of New Hanover and Sampson, and of the waters of the Cape
Fear River in the counties of New Hanover and Brunswick, and of the northeast
branch of the Cape Fear River in the county of New Hanover, between the
fifteenth days of May and August of each year, he shall be guilty of a misde-
meanor, and fined not to exceed five dollars.

Code, s. 3409; 1889, c. 414; 1871-2, c. 152; 1879, c. 283; 1881, ¢. 369.
remain as it is.

That section

2473. Obstructions in South Fork River. No person or corporation shall
place or allow to remain in the South Fork River, from its mouth in Gaston
County to its forks in Catawba County, any obstruction to the free passage of
fish up said stream: Provided, this section shall not apply to milldams where
the owners thereof shall construct a sufficient fishway over said dams at least
ten feet wide which will allow fish to pass over said dams: Provided further, this

36 REPORT OF COMMITTEE ON FISHERIES.

section shall not apply to dams in existence, or which may be erected for manu-
facturing or milling purposes. The violation of this section shall be a misde-
meanor.

Code, s. 3406; 1879, c. 244, ss. 1, 2; 1881, c. 90.
remain as it 1s.
That seetion

2474. Obstructions in Neuse River. Any person who shall construct & dam,
put in traps, dutch-net, wire seine, or anything else in Neuse River between its
mouth and the Falls of Neuse in Wake County, for the purpose of obstructing
the passage of fish in said river, shall be guilty of a misdemeanor, and be fined
not exceeding fifty dollars or imprisoned not exceeding thirty days: Provided,
this section shall not apply to seines, set-nets, running or skimming nets: Pro-
vided, this section shall not prevent the use of traps in Wayne County, where
the trap and its wings do not extend more than one-third across the stream.

Code, s. 3422 1885, c. 391; 1893, c. 354; 1883, ¢. 301, ss. 1, 23; 1895, cy 403;
1901, c. 395.

remain as it is.
That section

2475. Regulated in Lumber River. It shall be unlawful for any person to
use any seine, net, or gig, or, by muddying the water or by shooting, to catch,
take, or kill fish in Lumber River by any means except the ordinary rod, line,
and hook, from the first day of March to the first day of November in each and
every year; and any person violating this section shall be guilty of a misde-
meanor, and shall pay a fine of forty dollars or be imprisoned not imore than
twenty days.

Code, ‘s. 3404; I88], ¢, 288, ss. Is 2; 1883, ce. 13, 78,
remain as it ls.
That seetion

2476. Fishways to be erected in Haw River. All persons maintaining dams
across Haw River in the county of Chatham shall, upon thirty days’ notice from
the Board of Commissioners of said county, establish fishways in said dams; and
if said fishways shall not be made within three months from the service of the
notice, said persons so offending shall be guilty of a misdemeanor, and fined
at the discretion of the Court.

Code, s. 3402: 1881, G. 343: ss. 1, 2.
remain as it is.
That section +

2477. Regulated in Nantahala River. If any person shall use any drag-net,
basket, or seine for the purpose of catching fish in Nantahala River or its tribu-
taries, he shall be guilty of a misdemeanor, and fined not less than five nor more
than twenty dollars for each offense, one-half to go to the school fund of the

= or
REPORT OF COMMITTEE ON FISHERIES. od
county where such offense is tried, and the other half to the informer; and
whenever the Nantahala River forms the dividing line between any counties
persons offending against this section may be prosecuted and punished in the
courts of the counties between which the said river constitutes the dividing line.

Code, s. 3401; 1881, ¢. 30, ss. 1, 3.
remain as it is.

That section

2478. Robbing nets. If any person shall, without authority of the owner,
take any fish from any nets of any kind, he shall be guilty of a misdemeanor.

Code, s. 3418; 1883, ec. 137, s. 5.

shall be amended so that the following shall be added to the section:
“and shall be fined not less than fifty dollars or imprisoned not less
than thirty days.”

That seetion

2479. Obstructions in certain streams in Henderson County. No person
shall make, construct, or build any dam, drag-net, or seine across more than
three-fourths of the French Broad, Mills, Green, or Broad rivers, or any of their
tributaries, in Henderson County, so as to prevent or hinder the free passage of
fish in said rivers and their said tributaries, and any person making or using
any dam, drag-net, or seine in said streams shall leave open and unobstructed
to the free passage of fish at least one-fourth of said streams, in width, on the
side most favorable to the passage of fish. Any person offending against this
section shall be fined not more than ten dollars for each twenty-four hours said
streams are so obstructed, one-half to the party suing for the same and the other
half to the school fund in said county; and any person violating this section shall,
in addition to the penalty prescribed, be guilty of a misdemeanor: Provided,
this section shall not apply to dams for manufacturing purposes.

Code, s. 3425; 1885, c. 58.
remain as it is.

That section

2480. Trout in Cataloochee Creek, Haywood County. If any person shall
fish for trout in Cataloochee Creek or its tributaries in Haywood County, and
offer such trout for sale as a matter of traffic, or shall fish for trout in such
streams without permission from the owners of the land contiguous thereto, he
shall be guilty of a misdemeanor, and be fined not more than twenty dollars or
imprisoned not more than ten days.

1885, ¢. 61.

Note.—For manner of establishing prior right of fishery, see ss. 1697, 1698.

remain as it is.

3: REPORT OF COMMITTEE ON FISHERIES.

That section

2481. Mullets in Brunswick County. If any person, firm, or corporation
shall fish for and eatch any mullets with any purse-seine or purse-net in the
waters within the limits of Brunswick County, extending to the extreme limits

of the State’s jurisdiction in and over said waters—and for the purpose of this
section any portion of any water within a distance of three nautical miles from
the outer shores of said county shall be deemed the waters of said county—or if
the master or any emplovee on any steamboats engaged in fishing for menhaden
or fatbacks shall discharge from said boat fish offal, blood, or slime within a
distance of one-half a mile of any established mullet fishery on the Brunswick
County coast between the first of August and the thirty-first of December of
each year, he shall be guilty of a misdemeanor, and upen conviction shall be
fined or imprisoned at the discretion of the Court. For the purposes of this
section an established fishery is declared to be that point on the beach occupied
by the surfboat and seine in regular use.

1905, c. 748.
remain as it is.

That section

2482. Fishing within twelve miles of Grandfather Mountain. If any person
shall take, catch, or kill any kind of fish in the waters of Linville River or in
any other stream within twelve miles from the summit of Grandfather Mountain
in Mitchell County, without the written consent of the owners or lessees of
fhe land through which said streams flow, or shall throw or empty into said
river or streams any matter or substance deleterious or injurious to the life of
mountain trout, he shall be deemed guilty of a misdemeanor, and shall be fined
not more than fifty dollars or imprisoned not more than thirty days. If any
person be seen at or near said stream or streams with net, seine, rod, or any
other kind of fishing tackle, the same shall be prima facie evidence of the viola-
tion of this section.

1905, ec. 113.

remain as it ls.

That section

2483. Fish-traps in Cape Fear River. If any person shall construct, operate,
or maintain any fish-traps in the Cape Fear River, or shall fail to remove all
traps now in the channel of said river within sixty days from the first day of
Mareh, one thousand nine hundred and five; or shall fail on the first day of
June of each year to remove the slats or fingers from any fish-trap allowed to
be operated in said river under this section, he shall be guilty of a misdemeanor.
This section shall not apply to Brunswick or New Hanover counties or to a
fish-trap which extends to not more than one-third the channel of said river.

1905, c. 500.

remain as it is.

REPORT OF COMMITTEE ON FISHERIES. 39

That section

2484. Kitty Hawk Bay. If any person shall take, catch, or capture any fish
with nets or other appliances in the waters of Kitty Hawk Bay and its tributaries,
that part lying in Dare County, between the thirtieth day of April and the
fifteenth day of October of each year, or shall sell or ship out of the county any
chub or perch between said dates, he shall be guilty of a misdemeanor, and fined
not more than fifty dollars or imprisoned not more than thirty days. Nothing in
this section shall prevent any citizen from catching fish at any time for home
consumption.

1905, ¢. 363.
remain as it is.

Besides the suggestions and recommendations regarding the pres-
ent laws as they stand on the statute-books, the committee would
recommend the following general legislation :

NEW GENERAL LAWS.

Section .... Early closing season for shad and alewife or her-
ring. All shad apparatus on the Cape Fear River below the mouth of
Black River shall be taken out of the river by April the twentieth,
and all above this point shall be taken out by May the first; in North
East Cape Fear River below Castle Hayne all shad apparatus shall be
taken out by April the twentieth and all above that point by May first ;
in the Black and other tributaries of the Cape Fear River all shad
apparatus shall be taken out by May first; in the Neuse River all
gillnets used for shad and alewife fishing shall be taken out of the
river by April tenth; but all other shad and alewife apparatus in the
Neuse River at or below the town of New Bern shall be taken out by
May first and all above that town by May tenth; in Pamlico and
Pungo rivers all gillnets operated for shad and alewife fishing
shall be taken out by April fifth, and all other alewife and shad
apparatus shall be taken out by May first; in Tar River all shad
and alewife apparatus shall be taken out of the river by May
tenth; in Pamlico, Roanoke, Croatan, and Albemarle sounds east
of Perquimans River on the north and Ship Point on the south
(this to apply to the tributaries of the sound in this section) all
gill-nets shall be taken out by April fifth, and all shad and ale-
wife apparatus shall be taken out by April twenty-eighth, and in
that portion of the Albemarle Sound west of the above points as far
as Horney Blow Point on the north and Mackey’s Creek on the south
all gill-nets shall be taken out by April tenth, and all other shad and

+40 REPORT OF COMMITTEE ON FISHERIES.

alewife apparatus shall be taken out by May twelfth; thence west as
far as the mouth of Chowan Rivey, all gill-nets operated for shad and
alewife fishing shall be taken out by April fifteenth, and all other shad
and alewife apparatus shall be taken out by May twelfth, these dates
to apply to the tributaries of this section of Albemarle Sound; in
Chowan River all shad and alewife apparatus shall be taken out of
the river by May fifteenth. If any person shall set or fish any net
wilfully in violation of this section, he shall be guilty of a misde-
meanor and fined not less than fifty dollars: Provided, that all
pound-nets in any part of the waters mentioned in this section that
are cut down in order to rid them of moss are to be considered as
fultilling the law.

Section .... Double seining. All double scining in any of the
waters or rivers of the State, and the hauling or drawing two seines
In succession over the same bottom or within four hundred yards of
that bottom is hereby prohibited, and any person violating this sec-
tion shall for each violation be fined not less than two hundred and
fifty dollars nor more than five hundred dollars.

Section .... Protection of sturgeon. No person shall set or fish
any sturgeon-net in the inland waters of North Carolina for a period
of five years from the date of the passage of this act, and all sturgeons
less than five feet long eaught in any other manner whatever shall be
returned to the water alive, and any person violating this section
shall be guilty of a misdemeanor and fined not less than fifty dollars
or linprisoned not less than twenty days; and the possession of any
sturgeon less than five feet in length shall be prima facie evidence
that the person having the same is violating this section. Tor the
purposes of this aet inland waters are defined as all waters of the
State lying within the ocean inlets and the mouths of rivers and bays

opening directly into the sea.

Section .... Rockfish. If any person shall offer for sale any
rocktish weighing less than one-half pound, he shall be guilty of a

misdemeanor and be fined ten dollars for every offense.

Section .... Purse-net. No person shall use or fish a purse-net
for roektish or perch in any of the waters in North Carolina, except

in the open sea, and any person offending against this section shail

he fined not less than fifty dollars for each offense.

REPORT OF COMMITTEE ON FISHERIES. 41

Section .... Shad and herring. Any person who shall catch or
cause to be caught any shad or herring in the waters of the State of
North Carolina for any other purpose than as food shall be guilty of
a misdemeanor and fined not less than fifty dollars or imprisoned not
less than thirty days.

Section .... Fishing on Sunday. If any person shall fish, haul,
set, draw, or place in the water for fishing purposes, any net from
midnight of Saturday night to midnight of Sunday night, he shall be
guilty of a misdemeanor and fined not less than twenty-five dollars

for each and every offense.

Section .... License to fish. Each and every person, firm, or
corporation before commencing or engaging in any kind of fishing in
the State shall file with the Sheriff of the county in which he desires
to fish, a sworn statement as to the number and kind of nets, seines,
or other apparatus that it is intended to use in fishing. Upon filing
this statement the Sheriff shall issue to the said party or parties a
license as prescribed by law; said applicant shall pay to the Sheriff a
license fee equal in amount to the fee or tax prescribed by law and an
additional fee of twenty-five cents for issuing said license and receiy-
ing said tax. This license shall extend through a period of twelve
months from date of its issue. Any person who shall wilfully use for
fishing purposes any kind of net whatever without having first com-
plied with the provisions of this section shall be guilty of a mis-

demeanor and be fined twenty-five dollars for each and every offense.

Section .... Licenses reported monthly. The Sheriff of each
county in which licenses to fish are issued shall, on or betore the
tenth day of each month, mail to the Fish Commissioner a statement
showing all licenses issued during the preceding month, to whom
issued, and for what purpose. The Commissioner shall have pre-
pared and mailed to each inspector a list of all persons, firms, or cor-
porations to whom license has been issued, together with a statement
as to the number and character of the nets said licensee is author-
ized to use.

Section .... License fees collected. All moneys collected by the
sheriffs of the respective counties in which they serve, representing
license taxes and fees for fishing privileges, shall be paid over to the

Fish Commissioner on the first day of each month.

49 REPORT OF COMMITTEE ON FISHERIES.

Section .... License tax. The following license tax is hereby
levied upon the different fishing applances used in the waters of
North Carolina:

Anchor gill-nets, 20 cents per 100 yards or fraction thereof.

Stake gillmets, 10 cents per 100 yards or fraction thereof.

Drift gill-nets, 20 cents per 100 yards or fraction thereof.

Pound-nets, $1.00 each.

Seine and drag-nets under 100 yards, $1.00 each.

Seime and drag-nets over 100 yards and under 500 yards, $1.00
per 100 yards or fraction thereof.

Seine and drag-nets over 300 yards and under 1,000 yards, $1.25
per 100 yards or fraction thereof.

Seine and drag-nets over 1,000 yards, $1.75 per 100 yards or
fraction thereof.

Outside mullet-seines fished in ocean, $2.00 per 100 yards.

Purse-nets used with power boats, $3.00 per 100 yards or fraction
thereof. |

Purse-nets used with sail-boats not reinforced with steam or other
power, $2.50 per 100 yards or fraction thereot.

Fyke-nets, 25 cents each.

Minor nets, 20 cents each.
TERRAPIN INDUSTRY.

The terrapin industry was thoroughly discussed and a paper pre-
pared by Mr. R. E. Coker for the North Carolina Geological Survey
on the Cultivation of the Diamond-back Terrapin was submitted to
the committee. After thorough and careful consideration, it was
decided that with a shght modifieation, the present laws relating to
the terrapin were adequate, if enforced, to protect this industry and
insure an increase in the number of terrapins in North Carolina
waters. The committee, therefore, recommend that Seetion 2369,
which reads as follows, remain unchanged :

2369. Use of drag-nets by non-residents for catching terrapin forbidden.
If any person who is not a citizen and who has not resided in the State contin-
uously for the preceding two years shall use any drag-net or other instrument
for eatching terrapin he shall be guilty of a misdemeanor,

Code, a. 3875, 3876;

2370. Diamond-back terrapin protected. If any person shall take or eateh
any diamond-back terrapin between the fifteenth day of April and the fifteenth
day of August of any year, or any diamond-back terrapin at any time, of less

REPORT OF COMMITTEE ON FISHERIES. 43

size than five inches in length upon the bottom shell, or shall interfere with or
in any manner destroy any eggs of the diamond-back terrapin, he shall be guilty
of a misdemeanor, and shall be fined not less than five dollars nor more than ten
dollars for each and every diamond-back terrapin so taken or caught, and a like
sum for each and every egg interfered with or destroyed: Provided, this section

55

shall not apply to parties empowered by the State to propagate the said diamond-
back terrapin; and the possession of any diamond-back terrapin between the
fifteenth days of April and August shall be prima facie evidence that the person
having the same has violated this section. It shall be the duty of all sheriffs and
constables to give immediate information to some justice of the peace of any
violation of this section.

Code, s. 3377; 1899, c. 582; 1881, c. 115, ss. 1, 6.

It is recommended that this paragraph be changed so that it will
read as follows:

If any person shall take or catch or have in his possession any
diamond-back terrapin between the first day of March and the thirty-
first day of August of any year, or any diamond-back terrapin at any
time, of less size than five inches in length upon the bottom shell, or
shall interfere with, or in any manner destroy any eggs of the
diamond-back terrapin, he shall be guilty of a misdemeanor, and shall
be fined not less than five dollars, nor more than ten dollars, for each
and every diamond-back terrapin so taken or caught, and a like sin
for each and every egg interfered with or destroyed: Provided, that
this section shall not apply to parties empowered by the State to
propagate the said diamond-back terrapin; and the possession of any
diamond-back terrapin between the first day of April and thirty-first
day of Angust shall be prima facie evidence that the person having
the same has violated this section: Provided further, that the pro-
visions of this act shall apply to any person, firm, or corporation
receiving or having for transportation undersized terrapins, or during
the closed season terrapins of any size whatever. It shall be the duty
of all sheriffs and constables to give immediate information to some
justice of the peace of any violation of this section.

The committee in framing this act has given serious consideration
to the fact that at the present time the quantity of diamond-back
terrapin in the waters of North Carolina is extremely limited and is
growing less and less every year, and unless some stringent remedy is
employed to protect the terrapin, it is the question of but a few years
when this valuable food product will be entirely exterminated. It is,
therefore, absolutely essential that the closed season shall extend
from the first day of March through the thirty-first day of August
and that this law shall be vigorously enforced.

44+ REPORT OF COMMITTEE ON FISHERIES.
OYSTER INDUSTRY.

After mature deliberation the committee were of the unanimous
opinion that a Shell-fish Commission should be established and inau-
gurated by the Legislature on similar lnes as those relating to the
formation of the Fish Commission; believing that if legislation is
obtamed regarding the cultivation of the oyster and the leasing of
bottoms for that purpose, it will require the Shell-tish Commissioner
and the Deputy Commissioner to devote all their time to the carrying
out of the duties of their office. The committee, therefore, unani-
mously recommend the organization of a Shell-tish Commission

according to the following :

i. North Carolina Shell-fish Commission, The Shell-fish Com-
muission shall, except as in this act otherwise provided, consist, of a
single Commissioncr. Ife shall be appointed by the Governor by and
with the advice and consent of the Senate within thirty days after
the passage of this act. He shall be responsible for the carrying out
of the duties of his office to the Geological and Heonomic Survey
Board, and shall make semi-annual reports to them. The term of office
of such Commissioner and his successors in office shall be four years or
until their successors are appointed and qualified, and in case of
vacancy in the office, the appointment shall be to fill the vacancy.
The said Commissioner shall appomt a Deputy Commissioner, who,
during the absence or inability to aet of the Commissioner, shall have
and exercise all of the powers of the Commussioner, The Shell-fish
Commissioner and Deputy Commissioner shall each execute and
file with the Secretary of State bonds in the sum of seven thousand
and five thousand dollars respectively, with sureties to be approved
by the Secretary of State, conditioned for the faithful performance
of their duties and to aecount for and pay over, pursuant to law, all
moneys reeelved by them in them office. The Shell-fish Commis-
sioner shall take and subscribe an oath to support the Constitution
and for the faithful performance of the duties of his office, which
oath shall be tiled with the bond. The Deputy Commissioner may be
removed from his office for cause by the Commissioner, who may
appoint his successor.

inspectors, how appointed; term; salary; bond; oath of office.
The Shell-fish Commissioner shall appoint, from the counties within

which they are to perform their duties, a sufficient number of inspect-

pS
Or

REPORT OF COMMITTEE ON FISHERIES.

ors, who shall serve during the oyster season, and may remove them
for cause. He shall fix the compensation of the imspectors at not
exceeding fifty dollars a month while on duty, and shall designate
the length of service, the time when the inspectors go on duty and
when they go off. The inspectors shall give bond in the sum of five
hundred dollars, payable to the State of North Carolina, conditioned
for the performance of the duties of their office, and the faithful
accounting for all moneys received, which bond shall have at least two
sufficient sureties, to be justified before, approved by, and filed with
the Clerk of the Superior Court of the county where they reside, and
shall take, subscribe, and file with such Clerk an oath of office. They
shall be paid only for the time they serve.

Office and clerical force. The Commissioner shall have an oftice
in some town convemently located to the oyster-beds of the State, and
he is authorized to employ such clerks as may be necessary for the
proper carrying on of the work of his office.

Equipment. The Shell-fish Commissioner is authorized, by and
with the consent of the Geological and Economic Survey Board, to
purchase or rent such boats, dredges, and other equipment as may be
necessary to enable him and his deputies to carry out the duties of his
office as specified in this act.

Duties of the Shell-fish Commissioner. The Shell-tish Commis-
sioner shall have a general supervision over every branch of the shell-
fish industry, including the oyster, clam, scallop, and other mollusea,
and see that the laws regulating the same are rigidly enforced.
He shall collect and compile statistics showing the annual product of
the oysters, clams, and other mollusea that are taken out of the waters
of the State, and the capital invested and the apparatus employed ;
he shall have surveyed and marked in a prominent manner those
areas of bottoms in the waters of the State in which oyster-tonging
or dredging is prohibited by law, or those areas which are leased for
the purpose of the cultivation of oysters or clams; he shall be responsi-
ble for the collection of all license fees, taxes, fines, or other imposts
upon any of the shell-fish fisheries, and shall receive all fines im-
posed for the infraction of the shell-fish laws, and shall collect all
rentals for bottoms leased for oyster or clam cultivation, and shall
pay same into the State Treasury to the credit of the Shell-fish Com-
mission fund to be drawn upon as directed by the Geological and

46 REPORT OF COMMITTEE ON FISHERIES.

Eeonomic Survey Board; he shall see that the laws regulating the
eatching and handling of oysters, clams, and other mollusca are en-
forced ; that no illegal methods are used in catching, selling, or ship-
ping; that the cull law is rigidly enforced, and that only proper and
legal methods are used in buying and selling. He shall prosecute all
violations of the law, and whenever it is necessary he may employ
counsel for this purpose. He shall in his official capacity have power
to administer oaths and to send for and examine persons and papers ;
he shall, on or before the twenty-fifth day of each month, mail to the
Treasurer of the State a consolidated statement showing the amount
of taxes collected during the preceding month, and by and from whom
colleeted. He shall make a semi-annual report to the Geological and
Economie Survey Board, setting forth in detail an account of his
official acts, the condition of the oyster and other shell-fish industries
in all their branches, and shall recommend sueh additions to or modi-
fications of existing laws relating thereto as he may deem proper and

necessary.

Arrests without warrant, when and how made. The Shell-fish
Commissioner, Deputy Commissioner, and inspectors shall have
power, with or without warrants, to arrest any person violating the
fishery laws.

Power to take oysters and clams. The Shell-fish Commissioner
and the United States Bureau of Fisheries may take and cause to be
taken for scientific purposes any oysters, clam, or other mollusca at
any time from the waters of the State, any law to the contrary not-
withstanding.

Salaries. The salary of the Shell-fish Commissioner shall be fif-
teen hundred dollars per year and the expenses necessarily incurred
by him in the discharge of lis duties. The salary of the Deputy
Shell-fish Commissioner shall be nine hundred dollars per year and the
expenses necessarily Imeurred by him in the discharge of his duties.
The salaries of clerks and of scientific assistants which may be em-
ployed from time to time are to be fixed by the Geological and Keo-
nomic Survey Board.

No interest in oyster, clam, or other mollusca fisheries. The
Shell-fish Commissioner, Deputy Commissioner, and inspectors shall
not be interested in any oyster, clam, or other mollusea fishing indus-

try in North Carolina.

REPORT OF COMMITTEE ON FISHERIES. AT

Revenue. All license fees, taxes, rentals of oyster and clam _ bot-
toms, fines or other imposts upon the oyster, clam, scallop, and other
mollusea fisheries, or fines imposed for infraction of the oyster, clam,
and other mollusea fishery laws, in whatever manner collected, shall
be paid to the State Treasurer to the credit of the Shell-fish Commis-
sion fund, to be drawn upon as directed by the Geological and Kco-
nomic Survey Board, and shall constitute the revenue of the Shell-
fish Commission.

If the organization of a Shell-fish Commission as outlined above is
incorporated, then Sections 2398, 2403, 2404, 2405, 2406, 2407,

2429, which are given beyond, should be repealed.
PRESENT LAWS RELATING TO OYSTERS.

The present laws relating to oysters and clams as given in the Code
Revisal of 1905 were then considered, the committee passing the fol-

lowing resolutions:
That section

2371. Natural, defined. A natural oyster or clam bed, as distinguished from
an artificial oyster or clam bed, shall be one not planted by man, and is xny shoal,
reef, or bottom where oysters are to be found growing in suilicient quantities to
be valuable to the public.

1893, c. 287, s. 1.
be amended so as to read as follows:

In the waters of North Carolina a natural oyster rcef or bottom
shall be considered and defined as an area containing not less than a
continuous area of one acre of the bottom on which oysters are found
growing natural at the time or have been so found during a period of
five years preceding the time at which the decision be made and in
sufficient quantities to make their fishing profitable by means of hand-
tongs on such ground as are reserved exclusively for tonging, or
dredges on such beds as are designated for dredging: Provided, that
no intervals of less than one hundred yards shall be considered as
breaking the continuity of the bed.

That section.

2372. Planted in certain territory. Any inhabitant of this State may make
a bed in any of the waters of this State, except that part designated as lying
south of Roanoke and Croatan sounds and north of Core Sound, and lay down or
plant oysters or clams therein, having first obtained license as hereinafter directed
from the Superior Court Clerk of the county wherein such bed may be, and he

48 REPORT OF COMMITTEE ON FISHERIES.

may stake out the grounds so as to include not exceeding ten acres with good
and substantial stakes, extending at least two feet above high water-mark, and
placed at such intervals as to make the boundaries of such bed or garden distinctly
known; and every person who shall obtain such license shall hold the same and
have exclusive privilege thereof to him, his heirs and assigns. But no person
may have more than one such bed in the same county: Provided, nothing herein
shall be construed to affect the rights of any owner or proprietor of lands in
which there may be ereeks or inlets, or which may be adjacent to any navigable
waters, or to authorize any person to appropriate to his own use or to stake off
and enclose any natural oyster or clam bed, or in anywise to infringe the common
right of the citizens of the State to any such natural bed or to obstruct the free
navigation of the waters aforesaid.

Code, s. 3390; 1883, c. 332, ss. 1, 2.
be repealed, provided the legislation relating to the cultivation of the
ovster 1s passed,

That section

2373. How license is obtained. Whenever a license is desired according to
the preceding section, the Clerk of the Superior Court of the county wherein the
proposed oyster or clam bed may be may, in his diseretion, grant a license to
make such oyster or clam bed to any inhabitant of this State who shall apply
therefor as herein provided; such applicant shall first stake off the proposed
oyster or clam bed as provided in the preceding section, and shall publish a
notice for thirty days at the court-house door of the county wherein said bed
is proposed, designating the location thereof as near as may be and the day
when he will apply for the issuing such Hceense. Upon the day named in said
notice upon which application for such license is to be made any inhabitant of
such county shall have the right to appear before said Clerk and object to the
issuing of such license by filing an affidavit stating that the proposed oyster or
clam bed is a natural oyster or clam bed. If the said applicant shall refuse to
file an affidavit denying the proposed oyster or clam bed is a natural bed, the
said Clerk shall refuse to grant such license. If such applicant shall file an
aflidavit denying that such proposed bed is a natural bed, it shall be the duty of
such Clerk to transmit said affidavits to the next term of the Court of said
county, and at said term the issue shall be tried to determine whether the pro-
posed bed is a natural bed, and after such trial the said Clerk shall grant or
refuse said license in accordance with the judement rendered upon the determina-
tion of such issue.

Code, s. 3391; 1893, c. 287, s. 2.
be repealed.
That section

2374. County Commissioners to cause survey to be made. The Board of
County Commissioners may in their discretion cause to be made, not oftener than
once in twelve months, a survey and examination of any and every such oyster or
clam bed or garden in their county, the result of which examination or survey
shall be reported under oath to the Clerk of the Superior Court; and if it be

REPORT OF COMMITTEE ON FISHERIES. 49)

found that the holder of such license as aforesaid has included within his stakes
any natural oyster or clam bed, or a space containing more than ten acres, he
shall forfeit such license and all the rights and privileges thereto belonging;
further, if the holder of such license fail for the space of two years either to use
such bed or to keep it properly designated by stakes, he shall forfeit such license
and all the rights and privileges therein granted.

Code; s. 3392; 1883, ¢c. 332; s. 4:

be repealed, provided the legislation relating to the cultivation of the

oyster is passed.
That section

2375. Under control of the State. The State shall exercise exclusive juris-
diction and control over all shell-fisheries which are or may be located in the
boundaries of the State south of Roanoke and Croatan sounds and north of
Core Sound, and for the purposes of this chapter the southern boundary-lne of
Hyde County shall extend from the middle of Ocracoke Inlet to the Royal Shoal
lighthouse, thence across Pamlico Sound and with the middle line of the Pamlico
and Pungo rivers to the dividing line between the counties of Hyde and Beau-
fort, and the northern boundary-line of Carteret County shall extend from the
middle of Ocracoke Inlet to the Royal Shoal lighthouse, thence to the Brant
Island Shoal lighthouse, thence across Pamlico Sound to a point midway
between Maw Point and Point of Marsh, and thence with the middle line of the
Neuse River to the dividing line between the counties of Carteret, Craven, or
Pamlico, and that portion of Pamlico Sound and the Neuse and Pamlico rivers
not within the boundaries of Dare, Hyde, or Carteret counties, and not a part
of any other county, shall be in the county of Pamlico, and for the purposes of
this chapter and in the execution of the requirements thereof the shore line as
now defined by the United States Coast and Geodetic Survey shall be accepted as
correct.

1887, ec. 119, ss. 1, 2.
be repealed.
That section

2376. How beds entered. <Any person a citizen and bona fide resident of the
State desiring to raise, plant, or cultivate shell-fish upon any ground in the
county, and within the territory described in the preceding section, which has
not been designated as public ground by the Board of Shell-fish Commissioners
and which is not a natural clam or oyster bed, may make application in writing,
in which shall be stated as nearly as may be the area, limits, and location of the
ground desired, to the entry-taker of the county in which the said area for
which application is made is situated, for a franchise for the purpose of raising
or cultivating shell-fish in said grounds. and the said entry-taker having received
said application shall proceed as with all other entries as provided in the chapter
entitled Grants, except that the warrant to survey and locate the ground or
grounds shall be delivered to the engineer appointed by the Secretary of State
and not to the county surveyor; and the said engineer shall make such surveys
in accordance with the provisions of the chapter entitled Grants, except that it

oO REPORT OF COMMITTEE ON FISHERIES,

shall not be necessary to employ chain-bearers nor to administer oaths to assist-
ants, nor to make surveys, according to the priority of the application or warrant.
No entry shall be made to cover any natural oyster or clam bed as defined in
this ¢ ~ 2 r of any land lying mere than two miles from the mainland or
from any island.

1887, c. 119,.s. 5; 1893, ¢. 272.
be repealed.
That section

2377. How leased. Any person who is and has been continuously for two
years a bona fide resident of the State of North Carolina and over twenty-one
years of age may lease or enter not more than fifty aeres of any bottom where
oysters do not naturally grow or on any ground where there is not a sufficient
erowth of oysters to justify at the time of leasing the gathering of the same for
profit. When any person desires to lease or enter any such ground he shall
advertise the fact at the court-house and three other places for four weeks
in the county where said bottom desired 19 be leased is loeated, and advertise
in some newspaper published in said county for four weeks, and if there be none
published in said county, then in a newspaper published in an adjoining county.
Application for such land shall be made to the Clerk of the Superior Court, who
shall appoint a man and the applicant shall choose another, which two so
chosen shall appoint a third man, and the three shall constitute a board of
arbitration, and the said board of arbitration shall inspect the bottom desired
to be leased, and if they find the same subject to lease and so report to the
Clerk, then it shall be the duty of the said Clerk to issue a lease as herein
provided, and for such service the Clerk shall receive the following fees. to-wit:
Twenty-five cents for the application, twenty-five cents for the appointment, and
twenty-five cents for filing the report of arbitration, and copy-sheet fees for
recording such lease and other papers necessary to be recorded. Such bottom
shall be surveyed by the county surveyor; all cost and expense to be paid by the
lessee, who shall also pay a yearly rental of fifty cents per acre, which rental
shall be paid to the Oyster Commissioner and go to the benefit of the oyster
fund. A failure to pay rental for two years shall render the lease null and void.
No bottom which has been surveyed prior to sixth day of March, one thousand
nine hundred and five, need be resurveyed where such leases are plainly marked
at that time. The county surveyor shall furnish the lessee a map or plot free of
charge, No lease shall be issued for any ground closer than two hundred yards
to any natural oyster bed.

LOS. BBY SB. es

be repealed, provided that the legislation regarding the cultivation of

the oyster is passed.

That seetion

2378. Secretary of State to issue grant; amount granted limited. The
Secretary of State, on receipt of the Auditor’s certificate as provided in- the
chapter on Grants, shall grant to the applicant a written instrument conveying
a perpetual franchise for the purpose of raising and cultivating shell-fish in and
to the grounds for which application is made; and the said written instrument

REPORT OF COMMITTEE ON FISHERIES. pl

of conveyanee shall be authenticated by the Governor, countersigned by the secre-
tary and recorded in his office. The date of the application for the franchise and
a deseription of the ground for which such franchise was granted shall be inserted
in each instrument, and no grant shall issue except in aecerdance with «,;certifi-
cate from the engineer appointed by the Secretary of State as to the area, limits,
and loeation of the grounds in which the said tranchise is to be granted, and
every person obtaining such grant or franchise shall, within three months from
the receipt of the same, record said written instrument in the office of the Register
of Deeds for the county wherein the said grounds may le and shall define the
boundaries of the said grounds by suitable stakes, buoys, ranges, or monuments;
but no franchise shall be given in or to any of the public grounds as determined
by the commissioners of shell-fisheries, or to any natural oyster or clam bed, and
all franchises granted under this section or any previous law shall be and remain
in the grantee, his heirs and legal representatives: Provided, that the holder or
holders shall make in good faith within five years from the day of obtaining said
franchise an actual effort to raise and cultivate shell-fish on said grounds. No
erant shall be made to any one person of more than ten acres of any territory,
and no person shall hold more than ten acres in any creek unless the same shall
be acquired through devise, inheritancc, or marriage.

ISS eo; Ss. Gee 189s, Goer.
be repealed.
That section

2379. Price paid for franchise. Not less than seventy-five cents per acre
shall be paid to the State Treasurer for all franchises granted, and in all other
respects as to protests of entry and the right of the Secretary of State to sell to
any one else at an increased price the chapter on Grants shall apply.

1887, c. 119, s. 7.
be repealed.
That section

2380. Liable to taxation. All grounds taken up or held for the purpose of
cultivating shell-fish shall be subject to taxation as real estate, and shall be so
considered in the settlement of the estates of deceased or insolvent persons.

1887, c. 119, s. 9.

be repealed.
That section

2381. Books of records of grants kept. The Secretary of State shall keep
books of record in which shall be recorded a full description of all grounds
granted under the provisions of this chapter, and shall keep a map or maps upon
which shall be shown the positions and limits of all publie and private grounds.

1887, c. 119, s. 14.

be amended in that “Secretary of State” shall read “Shell-fish Com-
mission,” provided the bill creating the Shell-fish Commission is
passed.

52 REPORT OF COMMITTEE ON FISHERIES.

That section

2382. Form of grants approved by Attorney-General. Entry-takers shall
make return to the Secretary of State of all franchises granted under this chapter,
in the same manner as provided in the chapter entitled Grants, and the provis-
ions of that chapter are hereby extended so as to cover the grants or franchises
in ground for raising or cultivating shell-fish as authorized by this chapter; and
all applications, grants, warrants, and assignments of franchises in or to oyster
grounds shall be in manner and form as approved by the Attorney-General of
the State.

1887, c. 119, s. 12.

be repealed.
CATCHING OYSTERS.
That section

2383. Close season, exception. If any persen shall buy or sell cysters in
the shell which have been taken from the publie grounds or natural oyster-beds
of this State between the first day of April and the first day of October in any
year, he shall be guilty of a misdemeanor and he fined not more than fifty dollars
or imprisoned not more than thirty days: Provided, that oysters may be taken
with hand-tones only during the month of April in any year, to be used for
planting on private grounds, entered and held under the laws of this State:
Provided further, that oysters may be taken with hand-tongs only for home con-
sumption: Provided further, that coon oysters may be taken from October first
to May first of each year in the waters of Onslow and Carteret counties: Pro-
vided, also, that it shall be lawful to take or catch oysters on public oyster-
erounds north of the line running from Point Peter to Duck Island, except
between a line running from the east end ef Hog Island to the beach and from
Ballast Point to the beach in Dare County, to be sold to residents er non-residents,
from April first to May fifteenth of each year, upon the payment by the purchaser
of a tax of one and one-half cents per tub.

1903.0; 516, 8 22-1905s C.b2oesseo, 2:
be amended so as to read as follows:

If any person shall buy or sell oysters in the shell which have been
taken from the public grounds or natural oyster-beds of this State
between the first day of April and the fifteenth day of October in
any year, he shall be guilty of a misdemeanor, and be fined not less
than fifty dollars or imprisoned not less than thirty days: Provided,
that oysters may be taken with hand-tongs only during the month of
April in any vear, to be used for planting on private grounds, entcred
and held under the laws of this State, upon the condition further that
they shall not be removed from said private beds within a period of
three months from time of planting: Provided further, that oysters
may be taken with hand-tongs only for home consumption: Provided

further, that coon oysters may be taken from October first to May

&):

REPORT OF COMMITTEE ON FISHERIES. as)

first of each year in the waters of Onslow and Carteret counties:
Provided, also, that it shall be lawful to take or catch oysters in pub-
lic oyster-grounds north of the line running from Point Peter to Duck
Island, except between a line running from the east end of Hog
Island to the beach and from Ballast Point to the beach in Dare
County, to be sold only to residents of the State for planting pur-
poses, from April first to May fifteenth of each year, upon the pay-
ment by the purchaser of a tax of one and one-half cents per tub.

That section

2384. At night or on Sunday. If any person shall catch or take any oysters
from any of the public grounds or natural oyster-beds of the State at night or
on Sunday, he shall be guilty of a misdemeanor, and be fined not exceeding fity
dollars or imprisoned not exceeding thirty days.

1903, c. 516, s. 16.
remain as it is.

That section

2385. Illegal dredging. If any person shall use any scoops, scrapes, or
dredges for catching oysters, except at the times and in the places in this chapter
expressly authorized, or shall between the fifth day of April and the fifteenth
day of November of any year carry on any boat or vessel any scoops, scrapes,
dredges, or winders, such as are usually or can be used for taking oysters, he
shall be guilty of a misdemeanor.

1903%-¢. 516, ss. 13, 14, 15.
remain as it Is.

That section

2386. Catching oysters without license. If any person shall catch oysters
from the public grounds of the State without having first obtained a license
according to law, or shall employ any person as agent or assistant, or shall as
the agent or assistant of any person catch oysters from the public grounds, with-
out all of said persons having first obtained a license according to law, he shall
be guilty of a misdemeanor, and be fined not exeeeding fifty dollars or imprisoned
not exceeding thirty days.

1903, c. 516, s. 6.
remain as 1t 1s.

p,\ Se

That section

2387. Using boats not licensed. If any person shall use any boat or vessel
in catching oysters, which boat has not been licensed according to law, and which
is not in all respects complying with the law regulating the use of such vessels,
he shall be guilty of a misdemeanor, and shall be fined not more than_ fifty
dollars nor less than ten dollars or imprisoned not more than thirty nor less than
ten days for the first offense, but for the second or subsequent offense he shall
be guilty of a misdemeanor. and punished at the discretion of the Court.

1903, c. 516, s. 8.

remain as it is.

o4 REPORT OF COMMITTEE ON FISHERIES.

That section

2388. Displaying false number on boat. If any person shall display any
other mmnber on their sail than the one specified in their license, or display a
munber when the boat or vessel has not been licensed, he shall be guilty of a
misdemeanor and shall be fined not less than twenty-five dollars.

1903, ¢. 516, s. 27.

remain as it is.
That section

2389. Failure to stop and show oyster license. If any person using a boat
or vessel for the purpose of catehing oysters shall refuse to stop and exhibit his
license when commanded to do so by the Oyster Commissioner, Assistant Commis-
sioner, or any inspector, he shall be guilty of a misdemeanor, and be fined not
less than twenty-five dolars nor more than fifty dollars.

1903, c. 516, s. 26.
remain as it is.
That section

2390. False statement in application for oysterman’s license. If any per-
son shall make any false statement for the purpose of procuring any license
which may be required by law to catch oysters, or to engage in the oyster
industry, he shall be euilty of perjury and punished as provided by law.

1903, @ SLE, §.. 27:
remain as it is.
That section

2391. Dredging in prohibited waters. If any person, after the Governor has
by proclamation suspended the right to use scoops, scrapes, or dredges on the
public grounds or natural oyster-beds of the State, shall during the time of such
suspension and in the waters as to which the right has been suspended, use such
instruments or implements to catch oysters from any of the public grounds or
natural oyster-beds of the State, he shall be guilty of 2 misdemeanor, and be
fined not less than five hundred dollars or imprisoned not less than twelve
months, and the boat or vessel used for this purpose shall be forfeited and shall
be seized, advertised, and sold by the Oyster Commissioner or by the inspectors
in the county wherein said illegal aet was committed, and the proceeds paid into
the oyster fund. In any prosecution for the violation of the provisions of this
section against the master or owner of a boat or vessel, proof that said boat or
vessel was equipped with scoop, serape, or dredge or other implement or instru-
ment for catching or taking oysters other than ordinary oyster tongs, shall be
prima facie evidence of the defendant’s guilt.

1903, c. 516, s. 19.

remain as it is.

REPORT OF COMMITTEE ON FISHERIES. oy

That seetion

2392. Selling oysters not culled. If any person shall sell or offer for sale,
transport or offer to transport out of the State, or from one point in the State to
another, or have in his possession any oysters which have not been properly culled
aceording to law, he shall be guilty of a misdemeanor, and be fined not exceeding
fifty dollars or imprisoned not exceeding thirty days.

1903, ¢. 516, s. 3.
be repealed and the following substituted for it:

A captain of any run or buy boat who shall purchase oysters which
have not been properly culled according to law shall, upon conviction,
be fined fifty dollars or imprisoned thirty days, and the having of
unculled oysters aboard his boat shall be prima facie evidence of his
having purchased them.

[t shall be unlawful for any person, firm, or corporation to pur-
chase oysters which have not been properly culled according to law,
and for each violation shall, upon conviction, be fined fifty dollars or
imprisoned thirty days: Provided, that when any person, firm, or
corporation shall furnish the captain of any run or buy boat with
funds with which to purchase oysters, they shall not be held responsi-
ble for his acts and shall not be deemed the purchaser of such oysters.

That section

2393. Oysters, where purchased to be carried out of the State. If any
person shall purchase and load on any vessel or boat any oysters to be carried
out of the State in the shell. except at the following places. to-wit, the south end
of Roanoke Island, Stumpy Point Bay, Parched Corn Bay, Wysocking Bay, West
Bluff Bay, Great Island Narrows, or Swan Quarter Bay (as the Oyster Commis-
sioner may determine), Portsmouth, Ocracoke, Bay River, mouth of Rose Bay,
or Harbor Island: or if any person shall load more than one boat or vessel at
any of said places at one and the same time, or if any person shall load any boat
or vessel with oysters to be carried out of the State without such vessel having
an inspector on board at the time the oysters are delivered, or shall earry any
vessel loaded or partly loaded with oysters through the canals without a certifi-
cate showing that the oysters have been inspected and the taxes thereon paid, he
shall be guilty of a misdemeanor, and be fined not more than fifty dollars or
imprisoned not more than thirty days.

1903, ¢. 516, s. 17.
be repealed and the following substituted for it:

Any corporation domiciled in this State with their factories, shuck-
ing plants, and shipping depots located in this State, may enjoy the
rights of fishing oysters from the natural reefs and of bedding oysters
on leased bedding grounds: Provided. such ovsters are canned,

(0) REPORT OF COMMITTEE ON FISHERIES.

shucked, or packed in this State, or shipped raw in shells from a ship-
ping depot in this State for consumption either in or out of this State ;
but no person, firm, or corporation shall ship oysters out of this State
for canmng or packing out of this State. As it is the desire of the
State to encourage the planting of shells on barren bottoms in this
State, no oysters in shell shall be shipped out of this State without
the shipper first obtains from the Shell-fish Commissioner of North
Carolina permit so to do, and for which no charge shall be made by
said Commissioner.

That seetion

2394. Unloading oysters on Sunday or at night. If any person shall unload
any oysters from any boat, vessel, or car at any factory or house for shipping.
shucking, or canning oysters on Sunday, or after sunset or before sunrise, he
shall be guilty of a misdemeanor, and be fined not more than fifty dollars or
imprisoned not more than thirty days: Provided, whenever any boat cr vessel
shall have partially unloaded or discharged its cargo before sunset, the remainder
of said load or cargo may be discharged in the presence of an inspector.

L003. a.-56. +s: 16;
remain as it is.
That seetion

2395. Dealing in oysters without license. If any person shall engage in the
business of buying, canning, packing, shipping, or shucking oysters witheut
having first obtained a license as required by law, he shall be guilty of a misde-
meanor, and be fined not exceeding fifty dollars or imprisoned not exceeding
thirty days.

1903, c. 516, s. 9.
remain as it is.
That seetion

2396. Dealer failing to keep record. If any person engaged in buying, pack-
ing, canning, shucking, or shipping oysters shall fail to keep a permanent record of
all oysters bought by him or eaught by him, or by persons for him, when and from
whom bought, the number of bushels and the price paid therefor, or shall fail
upon demand to exhibit such record as required by law, or shall fail to verify
the same, he shall be guilty of a misdemeanor, and be fined not exceeding fifty
dollars or imprisoned not exceeding thirty days.

1903, ¢. 516, s. 5.

remain as It is.

REPORT OF COMMITTEE ON FISHERIES. a)

That section

2397. Evidence of illegal dredging. If any boat or vessel shall be seen sail-
ing on any of the waters of this State during the season when the dredging of
oysters is prohibited by law in the same manner in which they sail to take or
catch oysters with scoops, scrapes, or dredges, the said boat or vessel shall be
pursued. by any officer authorized to make arrests, and if said boat or vessel
apprehended by said officer shall be found to have on board any wet oysters or
the scoops, scrapes, dredges, or lines, or deck wet, indicating the taking or
eatching of oysters at said time, and properly equipped for catching or taking
oysters with scoops, scrapes, or dredges, such facts shall be prima facie evidence
that said boat or vessel has been used in violation of the provisions of the law
prohibiting the taking or catching of oysters with scoops, scrapes, or dredges in
prohibited territory, or at a season when the taking or catching of oysters with
scoops, scrapes, or dredges is prohibited by law, as the case may be.

1903, c. 516, s. 28.
be amended so that the following is added to this law:

Any one violating this act shall be guilty of a misdemeanor, and
fined not less than fifty dollars or imprisoned not less than thirty days.

°

That seetion

2398. Arrests without warrant, when and how made. The Oyster Commis-
sioner, Assistant Oyster Commissioner, and inspectors shall have power with or
without warrant to arrest any person violating any of the oyster laws.

1903, ¢. 516, s. 2.
remain as it is.
That section

2399. Using illegal measures for oysters. If any person shall in buying or
selling oysters use any measure other than that prescribed by law for the
measurement of oysters, or if any dealer in oysters shall have in his possession
any measure for measuring oysters other than that prescribed by law, he shall be
guilty of a misdemeanor, and be fined not exceeding fifty dollars or imprisoned
not exceeding thirty days.

1903, c. 516, s. 12,
remain as it 1s.

That section

2400. Catching oysters for lime. If any person shall take or catch any live
oysters to be burned for lime or for any agricultural or mechanical purpose, he
shall be guilty of a misdemeanor, and be fined not exceeding fifty dollars or
imprisoned not exceeding thirty days.

Code, s. 3389; 1885, c. 182.

remain as it is.

58 REPORT OF COMMITTEE ON FISHERIES.

That sections

2401. Larceny of oysters on private beds. Any person who shall feloni-
ously take, catch, or capture or carry away any shell-fish from the bed or
ground of another, shall be guilty of larceny and punished accordingly.

1887, c. 119, s. 15.
and

2402. Oysters caught at night; injury to private beds. If any person shall
wilfully commit any trespass or injury with any instrument or implement upon
any ground upon which shell-fish are being raised or cultivated, or shall remove,
destroy, or deface any mark or monument lawfully set up for the purpose of
marking any grounds, or who shall work on any ovster-ground at night, he shall
be guilty of a misdemeanor. But nothing in the provisions of this section shall
be construed as authorizing interference with the capture of migratory fishes or
free navigation or the right to use on any private grounds any method or
implement for the taking, growing, or cultivation of shell-fish.

1887, c. 119, s. 11. =
be repealed and the following substituted for them:

Section ..... Any person who shall wilfully and without author-
ity take or remove oysters from any land leased under the laws of the
State of North Carolina, or shall wilfully injure or interfere with
the oysters of such land in any manner, or injure oysters thereupon
situated, or wilfully remove, alter, or interfere with the stakes, buoys,
or monuments marking the same, shall, upon conviction thereof, for
the first offense be sentenced to imprisonment in jail or in the peni-
tentiary, in the diseretion of the Court, for not less than three months
and not more than two years, and for the second or any subsequent
offense be sentenced to imprisonment in the penitentiary for not less
than two vears and not more than five vears.

Section .... Any person who shall work a dredge, serape, or pair
of tongs or any other implement for the taking of oysters upon any
land leased under the provisions of this act, without the consent of
the lessee or owner, or who shall, while upon or sailing over any such
eround or bed, east, haul, or have overboard any such dredge, scrape,
or pair of tongs or other implement for the taking of oysters under
any pretense or for any purpose whatever, without the consent of such
lessee or owner, upon conviction thereof shall for the first offense be
fined not less than fifty dollars nor more than two hundred and fifty
dollars or, in the diseretion of the Court, be imprisoned in the jail

REPORT OF COMMITTEE ON FISHERIES. 59

or the penitentiary for not less than three months nor more than one
year, or shall be both so fined and imprisoned ; and for the second or
any subsequent offense shall be sentenced to imprisonment in the peni-
tentiary for not less than two years nor more than five years.

That sections

2403. Commissioner and assistant, how appointed, removed; term;
salary; bond; oath of office. Jor the purpose of enforcing the oyster law, the
fovernor shall appoint an Oyster Commissioner and an Assistant Oyster Com-
missioner, whose term of office shall be two years, or until their successors are
appointed and qualified. They may be removed by the Governor at any time for
cause. The Commissioner shall give bond in the sum of two thousand dollars;
the Assistant Commissioner shall give bond in the sum of one thousand dollars.
The bonds shall be payable to the State of North Carolina, shall be conditioned
for the faithful discharge of their office and the proper accounting for all moneys
received, shall have at least two sufficient sureties, and shall be approved by and
filed with the Clerk of the Superior Court of the county in which the officer
resides and be a part of the records of his office. They shall take and subscribe
oaths to support the Constitution and for the faithful performance of the duties
of their office, which oaths shall be filed with the bond. The salary of the Com-
missioner shall be nine hunared dollars per annum, and he shall be allowed
three hundred dollars for expenses. The salary of the Assistant Commissioner
shall be seven hundred and fifty dollars per annum. The salaries shall be payable
monthly.

1903, c. 516.

2404. Inspectors, how appointed; term; salary; bond; oath of office. The
Oyster Commissioner shall appoint, from the counties within which they are to
perform their duties, a sufficient number of inspectors who shall serve during the
oyster season, and may remove them for cause. He shall fix the compensation of
the inspectors at not exceeding fifty dollars a month while on duty, and shall
designate the length of service, the time when the inspectors go on duty and
when they go off. The inspectors shall give bond in the sum of five hundred
dollars, payable to the State of North Carolina, conditioned for the performance
of the duties of their office and the faithful accounting for all moneys received,
which bond shall have at least two sufficient sureties, to be justified before,
approved by, and filed with the Clerk of the Superior Court of the county where
they reside, and shall take, subscribe, and file with such Clerk an oath of office.
They shall be paid only for the time they serve.

1903, ¢. 516.

2405. Duties of the Oyster Commissioner. The Oyster Commissioner shall
have a general supervision over every branch of the oyster industry, and see that
the laws regulating the same are rigidly enforced. He shall furnish the inspec-
tors and the Clerks of the Superior Courts of the several counties mentioned
in this subchapter such receipt and record books and other kinds of stationery as
may be necessary to keep a correct record and account of all the money collected
and all information necessary to be kept. Such stationery shall be furnished by the
Commissioner of Labor and Printing upon requisition of the Oyster Commissioner.

6O REPORT OF COMMITTEE ON FISHERIES.

He shall see that the law regulating the catching and handling of oysters is
enforced; that no illegal methods are used in catching, selling, or shipping; that
the cull law is rigidly enforced, and that only proper and legal measures are
used in buying and selling. He shall prosecute all violations of the law, and
whenever it is necessary he may employ counsel for this purpose. He may also
employ or charter sail vessels, tugs, and other boats when necessary to the per-
formance of the duties of his office. He shall in his official capacity have power
to administer oaths and to send for and examine persons and papers. He shall,
on or before the twenty-fifth day of each month, mail to the Treasurer of the
State a consolidated statement showing the amount of taxes collected during the
preceding month and by and from whom collected, He shall make a biennial
report to the Governor, setting forth in detail an account of his official acts, the
condition of the oyster industry in all its branches, and shall recommend such
additions to or modifications of existing laws relating thereto as he may deem
proper and necessary. He shall have power and authority and it shall be his
duty to make and prescribe all such reasonable rules and regulations as may be
necessary and to carry into effect and operation the laws relative to the oyster
industry according to its true intent and purposes.

1903, « 516, ss. 3, 18.

2406. Duties of the Assistant Commissioner. The Assistant Oyster Com-
missioner shall be charged with the special supervision, under the Commissioner,
of all matters relating to oyster industry in the different counties. He is particu-
larly ¢harged with the rigid enforcement of the cull feature cf the law, the
provisions against the use of illegal measures in buying or sclling, and the
unlawful use of scoops, scrapes, and dredges in the bays, creeks, straits, sounds,
rivers, and their tributaries, and elsewhere where the same is prohibited.

1903, c. 516, s: 3:

and

2407. Duties of inspectors. The inspectors shall, under the Commissioner
and Assistant Commissioner, be charged with all matters relating to the oyster
industry in their respective counties; they shall inspect all oysters offered for
sale in their county, see that they are properly culled, see that none of the pro-
visions of the law regulating the oyster industry are violated, collect all taxes
from dealers on oysters purchased or caught, keep a correct record of all taxes
collected by them and from whom and for what purpose collected, and on or
before the fifth day of each month mail to the Oyster Commissioner a report, on
such form as he may prescribe, showing all taxes collected by them and from
whom received, and at the same time pay over to the Commissioner the amount
of such taxes.

1903, ¢. 516, s. 3.
be repealed by the Legislature, provided the organization of the Shell-
fish Commission as outlined above is passed.

That seetion

2408. Who may be licensed to catch oysters. No person shall be licensed
to catch oysters from the public grounds of the State who is owner, lessee,

master, captain, mate, or foreman, or who owns an interest in or who 1s an

REPORT OF COMMITTEER ON FISHERIES. 61

agent for any boat that is used or that may be used in dredging oysters from
the public grounds of the State, who is not a bona fide resident of this State and
who has not continuously resided therein for two years next preceding the date
of his application for license; and no non-resident shall be employed as a laborer
on any boat licensed to dredge oysters under this subchapter who has an interest
in or who receives any profit from the oysters caught by any boat permitted to
dredge oysters on the public grounds of the State. Any person, firm, or corpora-
tion employing any non-resident laborer forbidden by-this section, upon convic-
tion shall be fined not less than fifty dollars nor more than five hundred dollars.

1903, c. 516, s. 6; 1905, ¢. 525, s. 3.
remain as it is.
That section

2409. How license obtained to catch oysters; who may issue; form of.
Any person desiring to catch oysters from the public grounds and natural

oyster-beds shall make and subscribe to the following oath, before some officer
qualified to administer oaths:

Vis rerio dye orale (state if owner, lessee, master, captain, mate, foreman, or agent
of any boat used or that may be used in dredging oysters from the public grounds
of the State), being an applicant for oyster Hcense, do solemnly swear that I am
a citizen of North Carolina and have been a resident of the State for the two
years next preceding this day; that my place of residence is now in............
county; that 1 will not, if granted license, employ any non-resident or unlicensed
person as an assistant or serve as an assistant to any non-resident who is owner,
lessee, master, captain, mate, or foreman, or who has any interest in, or in the
profits derived from, any boat that is used or that may be used in dredging oysters
from the public grounds of the State, or unlicensed person, nor will | transfer,
assign, or otherwise dispose of my license to any person, firm, or corporation;
that I will not knowingly or wilfully violate or evade any of the laws or regula-
tions of the State relating to oyster industry: so help me. God.

He shall then present to and file said cath with the Oyster Commissioner,
Assistant Oyster Commissioner, or inspector, who, if satisfied with the truth of
the statement made in the oath of application, shall issue to him an oysterman’s
license in the following form:

State of North Carolina, .................. County.

Bere eae , a resident of .............. county, having this day made
application to me for an oysterman’s license, and having filed with me the oath
prescribed by law, I do hereby grant to him license to catch oysters from the

public grounds of this State from the fifteenth day of October, ...... , until the
first day of next April. Witness my hand and official seal, this the ...... day
OME ray ss uns wae Re ON, Pg Are ant eR a RT errno te ar piets

may be).

The said oath and a record of the license shall be kept by the Oyster Commis-
sioner, Assistant Commissioner, or inspector, and for issuing and recording the
same he shall receive from the applicant a fee of twenty-five cents, which,
together with all other license fees collected under this chapter, shall be paid
over to the State Treasurer and constitute part of the oyster fund. No fee
shall be charged by the Clerk for administering the oath.

1903, c. 516, s. 7; 1905, c. 525, ss. 4, 6.

Note.—For making false affidavit, see Crimes.

be amended so that “‘a fee of twenty-five cents” shall read ‘ta fee of
one dollar.”’

62 REPORT OF COMMITTEE ON FISHERIES.

That section

2410. License for boat used in catching oysters. The Oyster Commissioner,
Assistant Oyster Commissioner, or inspector may grant license for a boat to be
used in catching oysters, upon application made according to law, and the pay-
ment of a license tax as follows: On any boat or vessel without eabin or deck,
and under custom-house tonnage, using scoops, scrapes, or dredges, measuring,
over all, twenty-five feet and under thirty, a tax of three dollars; fifteen feet
and under twenty feet, a tax of two dollars; on any boat or vessel with cabin or
deck and under custom-house tonnage, using scrapes or dredges, measuring, over
all, thirty feet or under, a tax of five dollars; over thirty feet, a tax of six
dollays; on any boat or vessel using scoops, scrapes, or dredges, required to be
registered or enrolled in the custom-house, a tax of one dollar and fifty cents a
ton on gross tonnage. No vessel propelled by steam, gas, or electricity, and no
boat or vessel not the property absolutely of a citizen or citizens of this State
on the first day of January, one thousand nine hundred and three, or unless built
or owned in this State subsequent thereto and actually owned by a bona fide
resident of this State under this chapter, shall receive license or be permitted in
any manner to engage in the catching of oysters anywhere in the waters of
this State. All boats or vessels so Hceensed to scoop, serape, or dredge oysters
shall display on the port side of the jib, above the reef and bonnet and
on the opposite side of mainsail, above all reef points, in black letters not less
than twenty inches long, the initial letter of the county granting the license and
the number of said license, the number to be painted on canvas and furnished by
the Oyster Commissioner, Assistant Oyster Commissioner, or inspector issuing
the license, for which he shall receive the sum of fifty cents. Any boat or
vessel used in eatehing oysters without having complied with the provisions of
this section may be seized, forfeited, advertised for twenty days at three public
places in the county where seized, and sold at some public place designated in the
advertisement, and the proceeds paid into the oyster fund.

1903, ¢. 516, s. 8.

remain as It is.
That seetion

2411. License to oyster dealers. The Oyster Commissioner, Assistant Oyster
Commissioner, or inspector, shall, upon application and the payment of a fee of
fifty cents, grant to the applieant a dealer’s license, authorizing the applicant to
engage in the business ef buying, purchasing, canning, packing, shucking, or
shipping oysters. Such license shall not be issued prior to the fifteenth day of
October of any year and shall expire on the first day of April following. The
Assistant Oyster Commissioner or inspector granting the license shall at once
mail a duplicate to the Oyster Commissioner.

1903, :¢e. 516; s. 9; 1905, ¢. 525;,s. 6,

remain as it is.
That section

2412. Licenses reported monthly. The Oyster Commissioner, Assistant
Oyster Commissioner, or inspector, who are authorized to issue license or to
collect a license tax, shall, on or before the fifteenth day of each month, mail

REPORT OF COMMITTEE ON FISHERIES. 65

to the Oyster Commissioner a statement showing all licenses issued during the
preceding month, to whom issued, and for what purpose, and the amount of tax
collected by them from all sources under the oyster laws, and shall at the same
time remit said amount direct to the State Treasurer. They shall at the same
time mail to each inspector asking for the same a list of all persons to whom
license has been issued and of all boats er vessels licensed, and for what purpose.

1903, ¢. 516, s. 4; 1905, c. 525, s. 6.
remain as it is.
That section

2413. Dredging, when allowed; prohibited territory. Any bona fide resi-
dent of the State duly licensed according to law and using a licensed boat or
vessel may use scoops, scrapes, or dredges in catching or taking oysters from the
fifteenth day of November in each year to the first day of April following, from
the public grounds and natural oyster beds in the broad open waters of Pamlico
Sound, Pamlico River, Neuse River, and Long Shoal River, except in those
portions of said sound and rivers in which the use of such instruments and
implements is prohibited as herein provided. No person shall use any imple-
ment or instrument except hand-tongs in catching oysters in any bay, river,
creek, strait, or any tributary of such which border upon cr empty into Pamlico
Sound, Pamlico River, or Long Shoal River, except as hereinafter provided; and
any point inside of a line drawn from the farthest or extreme outward point of
land or marsh on the one side to the farthest or extreme outward point of land
or marsh on the opposite side of any creek, strait, or bay, shall be construed to
be within the said creek, strait, or bay for the purposes of this section. Nor
shall any person use any implement or instrument except hand-tongs in the
waters of Pamlico Sound from what is known as the Reef or Reefs in the eastern
portion of said sound to the line of banks bordering its eastern shores; nor
along the shores of Pamlico County inside of a line beginning at Maw Point and
running to the west end of Brant Island, thence to Pamiico Point; nor in the
waters of Pamlico Sound north of a line running from Long Shoal ght to Gull
Shoal life-saving station, from the first day of February of each year to the
fifteenth day of November, nor in any of the waters of Carteret County. And
for the purpose of this section, the northern boundary of said county shall be a
line extending from Swan Point to Harbor Island light, thence 2 line to South-
west Straddle light, thence a line to Northwest Point light, thence a line to the
middle of Ocracoke Inlet; nor in the waters of Neuse River above a line in said
river running from Carbacon buoy to the western point of land at Pierce’s Creek.

1903, c. 516; ss. 13: T4, Vos 1905; e507, sv 2.
remain as it is.
That section

2414. Governor may suspend right to dredge. The Governor, upon the
request of the Oyster Commissioner, may, whenever in his judgment it is neces-
sary, by proclamation, suspend entirely the use of all scoops, scrapes, or dredges
in any of the waters of the State, either for a definite period of time or until the
sitting of the next General Assembly.

1903, ec. 516, s. 19.

remain as it is.

G+ REPORT OF COMMITTEE ON FISHERIES.

That seetion

2415. Oysters culled on grounds. All oysters taken froni the public grounds
of this State, with whatsoever instrument or implement, shall be culled, and all
oysters whose shells measure less than two and one-half inches from hinge to
mouth, except such as are attached to a large oyster and cannot be removed
without destroying the small oyster, and all shells taken with the said oysters
shall be returned to the public ground when and where taken, and no oysters
shall be allowed by the inspectors to be marketed which shall consist of more
than ten per cent. of such small oysters and shells, except “coon” oysters and
oysters largely covered with mussels: Provided, these musseled oysters must not
contain more than five per cent. of shells or small oysters under regulation size.

1903, c. 516, s. 11; 1905, ¢. 525.

be amended so that in the third and fourth lines ‘‘two and one-half
inches from hinge to mouth’ shall read “three inches in longest
diameter.’

That seetion

2416. Oysters not culled seized and put on public grounds. \Vhenever
oysters are offered for sale or loaded upon any vessel, car, or train, without
having been properly culled according to law, the Commissioner, Assistant Com-
missioner, or inspector shall seize the boat, vessel, car, or train containing the
same and shall cause the said oysters to be scattered upon the public grounds, and
the costs and expenses of said seizure and transportation shall be a prior lien
to all liens on said boat, vessel, car, or train, and if not paid on demand the
officers making the seizure shall, after advertisement for twenty days, sell the
same and make title to the purchaser, and after paying expenses as aforesaid pay
the balance, if any, into the oyster fund.

1903, c. 516, s. 3.

Nore.—For selling unculled oysters, see s. 2392.

2°

be repealed, as amended Section 2595 includes this.

That section

2417. Dimensions of oyster measure. All oysters measured in the shell
shall be measured in a circular tub with straight sides and straight solid bottom,
with holes in the bottom not more than one-half inch in diameter. The said
measure shall have the following dimensions: A bushel tub shall measure
eighteen inches from inside to inside across the top, sixteen inches from inside
to inside chimb to the bottom, and twenty-one inches diagonal from inside chimb
to top. All measures used for buying or selling oysters shall have a brand, to
be adopted by the Oyster Commissioner, stamped therein by said Commissioner,
Assistant Commissioner, or his lawful inspectors. All measures found in the

REPORT OF COMMITTEE ON FISHERIES. 65

possession of any dealer not meeting the requirements of this section shall be
destroyed by said Oyster Commissioner, Assistant Commissioner, or inspector.

1903, ¢. 516, s. 12.

be amended by inserting in fourth line, after “half inch in diameter,”
the words “or provided with opening one-half inch in width from bot-
tom chimb around bottom of tub.”

That section

2418. Dealers to keep records. All persons engaged in buying, packing,
canning, shucking, or shipping oysters shall keep a permanent record of all
oysters either bought or caught by them, or by persons for them, when and from
whom bought, the number of bushels and the price paid therefor. All these
records shall at all times be open to the examination and inspection of the Oyster
Commissioner, Assistant Oyster Commissioner, and inspector, and upon request
shall be verified by the parties making them.

1903, ¢c. 516, s. 5.
remain as it is.

That section

2419. Purchase tax. All dealers in oysters and all persons who purchase
oysters for canning, packing, shucking, or shipping shall pay a tax of one and
one-half cents on every bushel of oysters purchased by them, or caught by them,
or any one for them: Provided, that “coon” oysters shall be taxed one-half a cent
a bushel only; and no oysters shall be twice taxed. This tax shall be paid to and
collected by the inspectors, and when paid a receipt shall be given therefor.
Upon failure or refusal by any person, firm, or corporation to pay said tax, his
license as a dealer shall at once become null and void, and no further license shall
be granted him during the current year, and it shall be the duty of the Commis-
sioner, Assistant Commissioner, or inspector to institute suit for the collection
of said tax. Such suit shall be in the name of the State of North Carolina on
relation of the Commissioner or of the inspector at whose instance such suit is
instituted, and the recovery shall be for the benefit and to the use of the general
oyster fund.

1903, c. 516, s. 10; 1905, c. 507.
remain as it is.

That section

2420. Vessels with oysters, when allowed to go through canals. No boat
or vessel loaded with oysters shall be permitted by the inspectors of South Mills

and Coinjock to pass through the canals, which do not have a certificate showing
that the cargo has been inspected and the tax paid thereon.

1903, c. 516, s. 17.
be amended so as to read:

No boat or vessel loaded with shell-oysters, except those in barrels,
shall be permitted by the inspectors of South Mills and Coinjock to
pass through the canals.

O6 REPORT OF COMMITTEE ON FISHERIES.
f

That section

2421, Shells scattered on oyster beds, The Oyster Commissioner is hereby
empowered to expend one-half of the balance to the eredit of the oyster fund on
the fifteenth day of April in each year for the purpose of buying oyster shells
and scattering the same on the natural oyster grounds of the State during the
months of April and May.

1903; co 516,..8. 20:
remain as it is.

That section

2422. Oyster funds kept separate, how paid out. The Treasurer of the State
shall keep all funds derived from the oyster industry separate and apart from
other funds in the treasury and shall pay the same out only upon the warrant of
the Auditor, and the Auditor shall issue no warrant on said fund in payment of
any claim unless the same shall have been first approved by the Oyster Commis-
sioner.

1903, c. 516, s. 20. .

be repealed if the new legislation regarding the Shell-fish Commis-
sion 1s passed.

That section

2426. Catching oysters in Myrtle Grove Sound. If any person shall take
or catch any oysters from Myrtle Grove Sound, from Perrines or Whitaker’s
Creek to the headwaters of said sound in New Hanover County, from the first
day of May until the first day of September, except for his own consumption, he
shall be guilty of a misdemeanor, and fined not more than fifty dollars or im-
prisoned not more than twenty days.

Code, s. 3423; 1883, c. 358, ss. 1, 2.

be repealed.
CLAMS.

That section

2423. Clams. If any person between the first day of April and the first day
of November of any vear shall take any clams from the waters of Prunswick, New
Hanover, or Pender counties for the purpose of shipping, selling, marketing, or
for bedding or pounding the same in any artificial bed, or if any person shall
take or catch any oysters in the waters of Carteret County by dredging or scoops,
or in any manner other than with the ordinary clam rake, or tengs, or if any
non-resident shall take or eatech any clams, he shall be guilty of a misdemeanor.

1901, c. 118; 1897, c. 333; 1899, c. 579; 1903, ec. 131, 414, 658, 732.

be amended by substituting in the fifth line and all that comes after
from “or for bedding * * * of a misdemeanor,” the following:
“or if any person between the fifteenth day of May and first day of
October of any year shall take any clams from the waters of Carteret

REPORT OF COMMITTEE ON FISHERIES. 67
County for the purpose of shipping, selling, marketing, or pounding,
provided this shall be permitted for the purpose of bedding the same,
either on a natural or cultivated bed within the jurisdiction of North
Carolina: Provided, that in Newport River no clams whatsoever
shall be taken from May fifteenth to October first; and, Provided,
also, that no clams whatsoever are to be taken, shipped, sold, or mar-
keted during the month of August; shall be guilty of a misdemeanor
and be fined fifty dollars or imprisoned thirty days in jail.

CULTIVATION OF THE OYSTER AND CLAM.

The following legislation is recommended by the committee as
being the most practicable for encouraging and stimulating oyster
and clam culture in North Carolina:

Section .... Shell-fish Commissioner can lease bottoms. The
Shell-fish Commissioner shall have power to lease to any duly quali-
_ fied person, firm, or corporation, for purposes of oyster or clam cul-
ture, any bottom of the waters of the State not a natural oyster-bed
as defined in this act, nor a clam reservation as defined in this act, in
accordance with the provisions of this law.

Section .... Leasing of bottoms. Any citizen of North Caro-
lina or firm or corporation organized under the laws of the State and
doing business within its limits shall be granted the privilege of tak-
ing up bottoms for purposes of oyster or clam culture under the pro-
visions of this act of an area not less than one acre nor more than
fifty acres, with the exception of the open waters of Pamlico Sound
(and for the purposes of this act open waters of Pamlico Sound
shall mean the waters that are outside of two miles of the shore line),
in which the minimum limit shall be five acres and the maximum
shall be two hundred acres: Provided, that the limit of entry in Core
Sound, North River, Newport River, Bogue Sound, and all bays and
ereeks bordering on these waters, and in Jones Bay, Rose Bay, Abels
Bay, Swan Quarter Bay, Middle Bay, Bay River, Deep Bay, Juniper
Bay, West and East Bluff Bays, Wysocking Bay, Fire Creek,
Stumpy Point Bay, Mouse Harbor Bay, Maw Bay, and Broad Creek
tributaries of Pamlico Sound, shall be one acre as a minimum and
ten acres as a maximum: Provided further, however, that at the end
of one year from the passage of this act that the minimum area in
Core Sound, North River, Newport River, Bogue Sound, and all
bays and creeks bordering on these waters, and in Jones Bay, Rose

OS REPORT OF COMMITTEE ON FISHERIES.

Bay, Abels Bay, Swan Quarter Bay, Middle Bay, Bay River, Deep
Bay, Juniper Bay, West and East Blutt Bays, Wysocking Bay, Fire
Creek, Stumpy Point, Mouse Harbor Bay, and Maw Bay, and Broad
Creek tributaries of Pamlico Sound, shall be one acre and the maxi-
mum fifty acres; but no person, firm, corporation, or association shall
severally or collectively hold any interest in any lease or leases aggre-
gating an area of greater than fifty acres, except in the open waters of
Pamlico Sound, where the aggregate area shall be two hundred acres.

Section .... Lease, how obtained. Such persons, firms, or cor-
porations desiring to avail themselves of the privileges of this act
shall make written application on a form to be prepared by the
Shell-fish Commissioner, setting forth the name and address of the
applicant, describing as definitely as may be the location and extent
of the bottom for which application is made, and requesting the sur-
vey and leasing to the applicant of said bottom. As soon as possible
after the application is received the Shell-fish Commissioner shall
‘ause to be made a survey and map of said bottom at the expense of
the applicant. The Shell-fish Commissioner shall also thoroughly
examine said bottoms by sounding and by dragging thereover a chain
to detect the presence of natural oysters. Should any natural oysters
be found, the Commissioner shall cause examination to be made to
ascertain the area and density of oysters on said bottom or bed to
determine whether the same is a natural bed under the definition
contained in this act. He shall be assisted in this examination on
tonging ground by an expert tonger to be appointed by the Board of
County Commissioners of the county in which said bottom or the
ereater portion thereof is located, and the question as to whether the
oyster growth is sufficiently dense to fall within the definition of the
natural bed shall be determined by the quantity of oysters which the
said expert tonger may be able to take in a specified time; and on
dredging-ground the Commissioner shall be assisted by an expert
dredger, appointed by the Board of County Commissioners of the
county in which said bottom or the greater portion thereof is located,
and the question as to whether the oyster growth is sufficiently dense
to fall within the definition of the natural bed shall be determined
by the quantity of oysters which the said expert dredger may be able
to take in a specified time. The Shell-fish Commissioner shall re-
quire the bodies of bottoms applied for to be as compact as possible,
taking into consideration the shape of the body of water and the

REPORT OF COMMITTEE ON FISHERIES. 69

consistency of the bottom. No application shall be entertained nor
lease granted for a piece of bottom within two hundred yards of a
known natural bottom, bed, or reef. A deposit of ten dollars will be
required of each applicant at the time of making his application, said
sum to be eredited to the cost of the survey of the bottom applied for.

Section .... Marking and staking of leased bottoms. Imme-
diately upon the completion of the survey and the mapping thereof
and the payment by the applicant of the cost of said survey and map,
the Shell-tish Commissioner shall execute to the applicant, upon a
form approved by the Attorney-General of the State, a lease for the
bottoms applied for. A copy of the lease, map of the survey, and a
description of the bottom, defining its position, shall be filed in the
oftice of the Shell-fish Commissioner. After the execution of said
lease, the lessee shall have the sole right and use of said bottoms, and
all shells, oysters, and cultch thereon, or placed thereon, shall be his
exclusive property so long as he complies with the provisions of
this law. The lessee shall stake off and mark the bottoms leased in
the manner prescribed by the Shell-fish Commissioner, and failure
to do so within a period of thirty days of an order so to do issued by
the Commissioner shall subject said lessee to a fine of five dollars per
acre for each sixty days’ default in compliance with said order. The
corner stakes, at least, of each lease shall be marked with signs
plainly displaying the number of the lease and the name of the
lessee. The lessee shall within two years of the commencement of his
lease have planted upon his holdings a quantity of shells equal to an
average of fifty bushels of seed oysters or shells per acre of holdings,
and within four years from the commencement of his lease, a quan-
tity of oysters or shells equal to an average of not less than one hun-
dred and twenty-five bushels per acre. The Oyster Commissioner
shall, upon granting any lease, publish a notice of the granting of
same in a newspaper of general circulation in the county wherein
the bottom leased is located.

Section .... Term of lease, rental. All leases made under the
provisions of this act shall begin upon the issuance of the lease and
shall expire on the first day of April of the twentieth year thereafter.
The rental shall be at the rate of one dollar per acre per year for the
first ten years and two dollars per acre per year for the next ten years
of the lease, payable annually in advance on the first day of April
of each year: Provided, that in the open waters of Pamlico Sound—

ay) REPORT OF COMMITTEHE ON FISHERIES.

and for the purposes of this act the open waters of Pamlico Sound
shall mean the waters that are outside the two miles of the shore line—
the rental shall be at the rate of fifty cents per acre per year for the
first three years; one dollar per acre per year for the next seven years ;
and two dollars per acre per year for the next ten years of the lease.
This rental shall be in leu of all other taxes and imposts whatever
and shall be considered as all and the only taxation which can be im-
posed by the State, counties, municipalities, or other subordinate
political bodies. The rental for the first year shall be paid in advance
to an amount proportional to the unexpired part of the year to the
first of April next succeeding.

Section .... Transfer of lease, inheritance of lease. The said
lease shall be heritable and transferable, in whole or in part, provided
the qualifications of the heirs and transferees are such as are
described by this act. Non-residents acquiring by inheritance or
process sale, or persons already holding the maximum area permitted
by this act, shall within a period of twelve months from time of
acquisition dispose of said prohibited or excess of holding to some
qualified person, firm, or corporation, under penalty of forfeiture.
The lease shall be subject to mortgage, pledge, seizure for debt, and
the same other transactions as are other property rights in North
Carolina. No transfer shall be of effect, unless of court record, until
entered on the books of the Shell-fish Commissioner,

Section .... Re-leasing of bottoms. The term of each lease
granted under the provision of this act shall be for a period of twenty
years from the first day of April preceding the date of granting of
said lease. At the expiration of the first lease the lessee, upon making
written application on the prescribed form, shall be entitled to sue-
eessive leases on the same terms as applied to the last ten years of the

first lease, for a period not exceeding ten years each.

Section .... Forfeiture of lease. The failure to pay the rental
of bottoms leased for each year in advance on or before the first day
of April or within thirty days thereafter shall ipso facto cancel said
lease and shall forfeit to the State the said leased bottoms and all
oysters thereon, and upon said forfeiture the Shell-fish Commissioner
is hereby authorized to lease the said bottoms to any qualified appl-
eant therefor: Provided, that no forfeiture shall be valid, however,
under the provisions of this section, unless there shall have been

REPORT OF COMMITTEE ON FISHERIES. T.

mailed by the Shell-fish Commissioner to the last address of the lessee
upon the books of the Commissioner a thirty days’ notice of the ma-
turity of said rental.

Section .... Title secure. If any person within four months of
the publication of the notice of granting of any lease make claim that
a natural oyster bottom, bed, or reef exists within the boundaries of
said lease, he shall under oath state his claim and request the Shell-
fish Commissioner to cancel said lease: Provided, however, that each
such claim and petition shall be accompanied by a deposit of twenty-
five dollars. No petition unaccompanied by said deposit shall be
considered by the Commissioner. The Shell-fish Commissioner shall
in person examine into said claim, and if the decision should be
against the claimant, the deposit of twenty-five dollars shall be for-
feited to the State and deposited to the credit of the Shell-fish Com-
mission fund. Should, however, the claim be sustained and a
natural bed be found within the boundary of the lease, the said natu-
ral bed shall be surveyed and marked with stakes or buoys at the
expense of the lessee, and the said natural bed be thrown open to the
public fishery. If no such claim be presented within a period of four
months, or if when so presented it fail of substantiation as provided,
the lessee shall thereafter be secure from attack on such account and
his lease shall be incontestable so long as he complies with the other
provisions of this act. In each and every such ease the decision of the
Shell-fish Commissioner shall be subject to review and appeal before
a Judge of the Superior Court, who shall render a decision without
the aid of a jury, and his decision shall be final.

GENERAL SHELL-FISH LAWS.

Section .... The State of North Carolina shall exercise exclusive
jurisdiction and control over all the shell-fisheries of the State
wherever located, whether these fisheries be for oysters, clams, scal-
lops, or any other mollusca whatever.

Section .... All these acts relating to the fish, oyster, and clam
are to be effective as soon as they have been ratified.

Section .... Delivery of oysters without inspection. If any
boatman shall deliver oysters to any one before they have been in-
spected by the inspector, he shall be guilty of a misdemeanor, and
fined not less than fifty dollars: Provided, that in case the boatman

72 REPORT OF COMMITTEE ON FISHERIES.

is unable to find the inspector, he (the boatman) can deliver the
oysters and report to the mspector afterwards, but within forty-eight
hours of delivery of oysters.

If the act creating the Shell-fish Commission is passed by the Leg-
islature, then all reference to Oyster Commissioner or Deputy Oyster
Commissioner in any act shall be changed to read Shell-fish Commis-
sioner and Deputy Shell-tish Commissioner respectively.

The above recommendations are respectfully submitted by the com-
mittee.
J. J. LauGHINGHOUSE,
M. B. Gowpy,
J. B. Corrierp,
W. O. Lupron,
T. H. SHeparp,
W. A. SAuNDERS,
W. E. SwInDeEtt,
H. F. Moors,
W. M. Wess,
R. W. Siri, Secretary.
JosepH Hyper Prarv,

Chairman.

[LETTER OF ENDORSEMENT. |

Department of Commerce and Labor

BUREAU OF FISHERIES
Washington
October 27, 1906.
Dr. JosEPH Hybr PRATT,
Thairman Committee on Fisheries of North Carolina,
Chapel Hill, N. C.
SIR:

The preliminary draft of the report and recommendations of the committee
appointed by the Governor of North Carolina to consider the legislative require-
ments of the oyster and fishery industries of that State has been received and
examined at this office. The experience of this Bureau in its fish-cultural opera-
tions and in the numerous investigations of various character which it has
conducted from time to time in the waters of North Carolina has impressed it
with the imperative need of a thorough revision and enforcement of the laws
relating to the fisheries in general, but especially those applying to shad and
oysters. During the past ten years this Bureau has expended many thousands of
dollars in the hatching of shad in the waters of North Carolina, «nd during that
period has planted about two hundred million fry, most of which were derived from
without the State, the local yield of eggs being insufficient for requirements. The
magnitude of this work and its measure of success depend upon the number of
ripe fish reaching the spawning-grounds during the season in which the physical
conditions of the rivers are favorable to the maturation and development of the
egos. The spawning-grounds are all in the upper waters and the fish will not
ripen in the saline water of the sounds. The fish caught on or near the natural
spawning-grounds are in large part utilized in the fish-cultural operations of this
Bureau, but those taken in the lower sounds are an absolute loss reproductively.
It would be an injustice, however, to prohibit or unduly restrict the fisheries in
the sounds, and such interference with a valuable and legitimate industry is
entirely foreign and antagonistic to the purposes of this Bureau; Lut it is believed
that the very existence of the shad fisheries in both the sounds and the rivers
depends upon permitting a proper proportion of mature fish to ascend the streams.
Under the regulations until recently in force this essential was impossible of
realization. Not only has the amount of apparatus fished been in excess of that
which the reproductive capacity of the several species would permit, but the nets
have been set in such manner and in such places that access to the spawning-
grounds was in large measure prevented, and the fish were either caueht before
they were ripe or were retarded and held in the sounds until the season had passed
when the process of reproduction could be successfully performed. The Bureau
observes with satisfaction that these matters were given careful consideration by
the committee, and that especially in the proposed modification of the Vann law
and the restriction of the open seasons to conform with local requirements an
attempt was made to give access to the spawning-grounds to a larger proportion
of the fish coming from the sea. The Bureaw’s representative on the committee
has made certain verbal changes in the rough draft, which, it is believed, make
clearer and more specific the intent of the board, and with these changes the

it REPORT OF COMMITTEE ON FISHERIES.

articles referred to are regarded with approval. Were there no established
fisheries in the lower sounds, somewhat more rigorous restrictions might be
advocated: but those persons already engaged in the industry are entitled to
consideration and their interests should be protected so far as is compatible with
the perpetuation of the fisheries. The amount of apparatus now in use should
be regarded as the approximate maximum for some years to come, and any
increase over that employed in the spring of 1906 should be regarded as inimical
to the best interests of the State. The recommendations concerning the appoint-
ment of a Fish Commissioner, charged specifically with the execution of the
fishery laws, are strictly in accord with previous recommendations of this Bureau.
It is essential for the proper execution of the Jaws, the guidance of future legisla-
tion, and the investigation of the many problems relating to the fisheries, that
there should be a definite organization for the purpose, and as divided or local
jurisdiction over the fisheries has never been satisfactory, this organization
should operate under the general authority of the State. Should the recommenda-
tions be enacted into law, it is believed that the State will soon feel the benefit.

No less important is the proposed reorganization of the Oyster Commission and
its functions, and the new laws and amendments recommended meet with the
hearty endorsement of this Bureau. The oyster industry of the State can never
reach its legitimate development, except through the enactment and rigorous
enforcement of laws protecting the public ovster-beds and establishing private
oyster culture upon a secure foundation, the two purposes being in no manner
antagonistic, but rather mutually dependent. The recommendations proposed by
the Board appear to cover the requirements. The natural beds are protected on
the one hand from injudicious and destructive methods of oystering, and on the
other are preserved inviolate from private acquisition and maintained forever as
a common possession for all citizens of the State who may comply with reasonable
regulations. The provisions relating to oyster culture permit the leasing under
reasonably generous conditions of otherwise unproductive and useless bottom,
and they establish in a satisfactory manner the secure tenure of the leases so
eranted, while excluding private entry upon bottom which should of right be a
common fishery. The matter of a secure tenure of the leaseholds is essential to
the success of any attempt to inaugurate oyster culture in the State, and should
be jealously safeguarded. The Bureau recommends the enactment of the oyster
laws substantially as set forth in the report and believes that such action will
result in material financial benefit to the State and its citizens.

While there are some minor features and inconsistencies in the recommenda-
tions, to which exception might be taken, especially in those relating to the
fisheries proper, the Bureau strongly recommends the passage of laws in general
conformance with the report. The committee represented many conflicting
interests, all worthy of consideration, and its recommendations should be consid-
ered collectively rather than severally and as embodying those suggestions which
if put in effect would do most good and least harm to the general interests of the
State. Any material departure from the lines laid down by the committee may
precipitate a conflict of interests which would destroy the harmonious under-
standing which the appointment of the board was designed to bring about.

It is apparent from the report that the committee did not consider it its
funetion to @o into the details of law-making, and in recommending new legisla-
tion and the retention, repeal, and modification of old laws, there are naturally
some inconsistencies, duplications and contradictions. In the interests of clear-

REPORT OF COMMITTEE ON FISHERIES. to

ness and brevity, the Bureau trusts that the report will be placed in competent
hands, that a general or codified law may be drawn covering the recommendations
made and repealing such acts or parts of acts as may be in conflict therewith.
The Bureau will watch with interest the progress of this effort to provide
more satisfactory fishery laws in North Carolina, and stands ready to co-operate
in furtherance of the work of your committee.
tespectfully,
H. M. Suiru,
Acting Commissioner.

PUBLICATIONS

OF THR

NORTH CAROLINA GEOLOGICAL AND ECONOMIC SURVEY.

BULLETINS.

1. Iron Ores of North Carolina, by Henry B. C. Nitze, 1893. 8°, 289 pp., 20
pl, and map. Postage 10 cents.

2. Building Stone in North Carolina, by T. L. Watson and F. B. Laney in
collaboration with George P. Merrill, 1906. 8°, 283 pp., 52 pL, 2 figs. Postage :
cents. Cloth-bound copy 50 cents eatra.

3. Gold Deposits in North Carolina, by Henry B. C. Nitze and George B.
fTanna, 1896. 8°, 196 pp., 14 pl., and map. Out of print.

4. Road Material and Road Construction in North Carolina, by J. A. Holmes
and William Cain, 1898. 8°, SS pp. Out of print.

5. The Forests, Forest Lands and Forest Products of Hastern North Caro-
lina, by W. W. Ashe, 1894. 8°, 128 pp., 5 pl. Postage 5 cents.

G. The Timber Trees of North Carolina, by Gifford Pinchot and W. W. Ashe,
1897. 8°, 227 pp., 22 pl. Postage 10 cents.

7. Forest Fires: Their Destructive Work, Causes and Prevention, by W. W.
Ashe, 1895. 8°, 66 pp., 1 pl. Postage 5 cents.

S. Water-powers in North Carolina, by George I. Swain, Joseph A. Tolnes
and EH. W. Myers, 1899. 8°, 362 pp., 16 pl. Postage 16 cents.

9. Monazite and Monazite Deposits in North Carolina, by Henry B. C. Nitze,
1895. 8°, 47 pp., 5 pl. Postage 4 cents.

10. Gold Mining in North Carolina and other Appalachian States, by Henry
B. C. Nitze and A. J. Wilkins, 1897, 8°, 164 pp., 10 pl. Postage 10 cents.

11. Corundum and the Basic Magnesian Rocks of Western North Carolina,
by J. Volney Lewis, 1895. 8°, 107 pp., 6 pl. Postage 4 cents.

12. Drinking-water Supplies in North Carolina, by Joseph A. Holmes. /i
preparation,

8. Clay Deposits and Clay Industries in North Carolina, by Heinrich Reis,
1897. 8°, 157 pp., 12 pl. Postage 10 cents.

14. The Cultivation of the Diamond-back Terrapin, by R. KE. Coker, 1906.
S°, 67 pp., 23 pl, 2 figs. Postage 6 cents.

15. Mineral Waters of North Carolina, by F. P. Venable. Jn press.

16. A List of Elevations in North Carolina, by J. A. Holmes and FE, W.
Myers. Jn preparation.

17. Historical Sketch of North Carolina Scientific and Economic Surveys:
and Bibliography of North Carolina Geology, Mineralogy and Natural History.
by J. A. Holmes and L, C. Glenn. Jn preparation.

18. Road Materials and Construction, by Joseph A. Holmes and William
Cain. Jn preparation.

19. The Tin Deposits of the Carolinas, by Joseph Hyde Pratt and Douglass
B. Sterrett, 1905. 8°, 64 pp., 8 figs. Postage 4 cents.

20. The Loblolly Pine in Eastern North Carolina, by W. W. Ashe. Jn prepa-
ration.

ECONOMIC PAPERS.

1. The Maple-Sugar Industry in Western North Carolina, by W. W. Ashe,

1897. 8°, 34 pp. Postage 2 cents.

78 PUBLICATIONS OF THE SURVEY.

2. Recent Road Legislation in North Carolina, by J. A. Holmes. Out of
print,

3. Tale and Pyrophylite Deposits in North Carolina, by Joseph Iyde Pratt,
1900. 8°, 29 pp.. 2 maps. Postage 2 cents.

4. The Mining Industry in North Carolina During 1900, by Joseph Hyde
Pratt, 1901. 8°, 36 pp., and map. Postage 2 cents.

5. Road Laws of North Carolina, by J. A. Holmes. Out of print.

6G. The Mining Industry in North Carolina During 1901, by Joseph Hyde
Pratt, 1902. 8°, 102 pp. Postage 4 cents.

7. Mining Industry in Nerth Carolina During 1902, by Joseph Hyde Pratt,
1908. 8°, 27 pp. Postage 2 cents.

S. The Mining Industry in North Carolina During 1905, by Joseph Tyde
Pratt, 1904. 8°, 74 pp. Postage 4 cents.

9. The Mining Industry in North Carolina During 1904, by Joseph TITyde
Pratt, 1905. 8°, 95 pp. Postage 4 cents.

10. Oyster Culture in North Carolina, by Robert FE, Coker, 1905. 8°, 39 pp.
Postage 2 cents,

11. The Mining Industry in North Carolinsn During 1905, by Joseph Iyvde
Pratt, 1906. Jit preparation,

12. Investigations Relative to the Shad Fisheries of North Carolina, by John
N. Cobb, 1906, 8°, 74 pp.. 8 maps. Postage 6 cents.

13. Report of Committee on Fisheries in North Carolina. Compiled by Joseph
IIvde Pratt, 1906. 8°, 78 pp. Postage 4 cents.

REPORTS ON RESOURCES.

Vol. 1. Corundum and the Basic Magnesian Rocks in Western North Caro-
lina, by Joseph Hyde Pratt and J. Volney Lewis, 1905. 8°, 464 pp.. 44 pl.

39 flues. Postage 382 cents. Cloth-bound copy 50 cents extra,
Vol. 2. Fish and Fisheries in North Carolina, by H. M. Smith. Ji press.
Vol. 3. Miscellaneous Mineral Resources in) North Carelina, by Joseph Tyde

Pratt. Jia preparation.

These publications are mailed to libraries and to individuals who may desire
information on any of the special subjects named, free of charge, except that in
each case applicants for the reports should forward the amount of postage
needed, as indicated above, for mailing the bulletins desired, to the State
(ieologist, Chapel Hill, N.C.

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