The statutes relating to fish, oysters, and shellfish which make up the body of Title 28 of the Code of Virginia have been adopted piecemeal over a long period of time. Many of these laws were enacted long before the present century. As seafood problems have arisen, laws were passed to take care of specific problems; often these problems have disappeared but the laws remain. This maze of conflicting law has caused confusion, making effective administration and earnest compliance with the law difficult, if not impossible.

The destructive oyster virus MSX has Iiow attacked Virginia oysters and, in a period of three years, the virus has placed the entire oyster industry in jeopardy.

Aware of these factors the General Assembly of Virginia at its 1960 Session adopted House Joint Resolution No. 45 creating a commission to study and revise Title 28 of the Code of Virginia relating to fish, oysters, and shellfish.

Pursuant to this resolution, the President of the Senate appointed to the Commission from the Senate Committee on Fish and Game, Blake T. Newton of Hague, and Victor P. Wilson of Hampton. The Speaker of the House of Delegates appointed to the Commission from the House of Delegates Committee on Chesapeake and its Tributaries, 1Russell M. Carneal of Williamsburg, Walther B. Fidler of Warsaw and E. Ralph James of Hampton. The Governor appointed to the Commission, Marvin L. Amory of Hampton, who is engaged in the catching of fin-fish, Fred Garrett, Jr., of Bowlers Wharf, who is engaged in the planting of oysters, T. D. McGinnes of Irvington, who is engaged in the packing of oysters, Maywood C. Shackelford of Severn, who is engaged in the packing of crabs, Robert S. Sterling of Naxera, who is engaged in the tonging of oysters, and Harry M. Thompson of Norfolk, representing the maritime industry. Milton T. Hickman, the Commissioner of Fisheries, and Dr. William J. Hargis, Jr., the Director of the Virginia Fisheries Laboratory also served as members of the Commission.

The Commission at its organization meeting elected Russell M. Carneal, Chairman, and Victor P. Wilson, Vice-Chairman. John B. Boatwright, Jr., and Fletcher W. Harkrader, Jr., were elected Secretary and Recording Secretary respectively.

The Committee chose as its counsel Clarence F. Hicks of Gloucester.

The Commission planned and conducted a series of public hearings in the major sections of Tidewater Virginia. In most localities both a day and a night hearing were conducted in order that the largest possible participation would be brought about. The first of these public hearings was conducted in Accomack Courthouse on October 7, 1960. This was followed by hearings i:ri the courthouse at Warsaw, Virginia, on November 4, 1960; in Gloucester, Virginia, on November 18, 1960, in Norfolk on December 9th, 1960, and in Newport News on January 20, 1961.

On October 6, 1960, the Commission met with the Virginia Fisheries Commission and the Maryland Commission having jurisdiction over seafood matters at the Chamberlain Hotel at Old Point Comfort, Virginia. On February 9, 1961, E. C. Meredith and H. G. Gregory of the State Department of Health met with the Commission at the Gloucester Point laboratory in order to present recommendations of Dr. Shanholtz of the State Department of Health concerning health factors which should be taken into consideration in revising the law.

After studying and discussing the many problems made evident by the foregoing public hearings and meetings, the Commission determined that the necessary revisions of the title were so extensive that the best interest of the Commonwealth would be served by repealing the whole of Title 28 and reenacting the revised statutes as a new Title 28.1. With the aid of counsel the Commission set to work on that project.

The resulting bill for enactment, along with this report, has been submitted to the Commission of Fisheries and the Virginia Code Commission in accordance with the directive of the study resolution.