The Bounty of the Chesapeake: Fishing in Colonial VirginiaWharton, James
History
The Bounty of the Chesapeake: Fishing in Colonial Virginia
Wharton, James
Chesapeake Bay (Md. and Va.); Fisheries -- Virginia; Fishing -- Virginia
1762. Whereas the act of assembly made in the first year of his
present Majesty's reign [1761], entitled, an act to oblige the
owners of mills, hedges, or stone-stops, on sundry rivers therein
mentioned, to make openings or slopes therein for the passage of
fish, has been found defective, and not to answer the purposes for
which it was intended, and it is therefore necessary that the same
should be amended: Be it therefore enacted by the Lieutenant
Governor, Council and Burgesses, of this present General Assembly,
and it is hereby enacted by the authority of the same, That the
owner or proprietor of all and every mill, hedge, or stone-stop, on
either of the rivers Nottoway and Meherrin, shall in the space of
nine months from and after the passing of this act, make an opening
or slope in their respective mill-dams, hedges, or stops, in that
part of the same where there shall happen to be the deepest water,
which shall be in width at least ten feet in the clear, in length
at least three times the height of the dam, and that the bottoms
and sides thereof shall be planked, and that the sides shall be at
least fourteen inches deep, so as to admit a current of water
through the same twelve inches deep, which shall be kept open from
the tenth day of February to the last day of May in every year....
And be it further enacted by the authority aforesaid, That if any
such owner or proprietor shall neglect or refuse so to do, within
the time aforesaid, the person so offending shall forfeit and pay
the sum of five pounds of tobacco for every day he or they shall so
neglect or refuse....
Still the fundamental problem was not solved; fish were not by-passing
the remaining obstructions in sufficient quantity to maintain the
expected harvest. After various amendments and additions this explicit
definition of a fishway or slope was enacted into law in 1771:
That a gap be cut in the top of the dam contiguous to the deepest
part of the water below the dam, in which shall be set a slope ten
feet wide, and so deep that the water may run through it 18 inches
before it will through the waste, or over the dam, that the
direction of the said slope be so, as with a perpendicular to be
dropped from the top of the dam, will form an angle of at least 75
degrees, and to continue in that direction to the bottom of the
river, below the dam, to be planked up the sides 2 feet high; that
there be pits or basins built in the bottom, at 8 feet distance,
the width of the said slope, and to be 12 inches deep, and that the
whole be tight and strong; which said slope shall be kept open from
the 10th day of February to the last day of May, annually, and any
owner not complying to forfeit 5 pounds of tobacco a day.
Public-domain text, read in full here on John Shaqi.
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