At the heads of the rivers there are sturgeon and in the creeks are great store of small fish, as perch, croakers, taylors, eels, and divers others whose name I know not. Here are such plenty of oysters as they may load ships with them. At the mouth of Elizabeth River, when it is low water, they appear in rocks a foot above water. There are also in some places great store of mussels and cockles. There is also a fish called a stingray, which resembles a skate, only on one side of his tail grows out a sharp bone like a bodkin about four or five inches long, with which he sticks and wounds other fish and then preys upon them.
The same author went farther than any other reporter up to that time in telling a real fish story:
And now it comes into my mind, I shall here insert an account of a very strange fish or rather a monster, which I happened to see in Rappahannock River about a year before I came out of the country; the manner of it was thus:
As I was coming down the forementioned river in a sloop bound for the bay, it happened to prove calm, at which time we were three leagues short of the river's mouth; the tide of ebb being then done, the sloop-man dropped his grapline, and he and his boy took a little boat belonging to the sloop, in which they went ashore for water, leaving me aboard alone, in which time I took a small book out of my pocket and sat down at the stern of the vessel to read; but I had not read long before I heard a great rushing and flashing of the water, which caused me suddenly to look up, and about half a stone's cast from me appeared a prodigious creature, much resembling a man, only somewhat larger, standing right up in the water with his head, neck, shoulders, breast and waist, to the cubits of his arms, above water; his skin was tawny, much like that of an Indian; the figure of his head was pyramidal, and slick, without hair; his eyes large and black, and so were his eyebrows; his mouth very wide, with a broad streak on the upper lip, which turned upward at each end like mustachioes; his countenance was grim and terrible; his neck, shoulders, arms, breast and waist were like unto the neck, arms, shoulders, breast and waist of a man; his hands if he had any, were under water; he seemed to stand with his eyes fixed on me for some time, and afterward dived down, and a little after riseth at somewhat a farther distance, and turned his head towards me again, and then immediately falleth a little under water, and swimmeth away so near the top of the water, that I could discern him throw out his arms, and gather them in as a man doth when he swimmeth. At last he shoots with his head downwards, by which means he cast his tail above the water, which exactly resembled the tail of a fish with a broad fane at the end of it.
Judging from the few piddling regulations and restrictions referred to in extracts already cited, the Virginia lawmakers could see no need for intensive or even active supervision of the Tidewater fisheries. A rather epoch-making law was enacted in 1678 by the county court of Middlesex County, which is about 50 miles from James City, at the juncture of the Rappahannock river and Chesapeake bay:
Whereas, by the 15th act of Assembly made in the year 1662, liberty is given to each respective county to make by-laws for themselves; which laws, by virtue of the said act are to be binding upon them as any other general law; and whereas several of the inhabitants of this county have complained against the excessive and immoderate striking and destroying of fish, by some fire, of the inhabitants of this county by striking them by a light in the night time with fish gigs, wherby they not only affright the fish from coming into the rivers and creeks, but also wound four times that quantity that they take, so that if a timely remedy be not applied, by that means the fishing with hooks and lines will be thereby spoiled to the great hurt and grievance of most of the inhabitants of this county. It is therefore by this court ordered that from and after the 20th day of March next ensuing, it shall not be lawful for any of the inhabitants of this county to take, strike, or destroy any sort of fish in the night time with fish gigs, harping irons, or any other instrument of that nature, sort or kind, within any river, creek or bay which are accounted belonging to or within the bounds or precincts of this county. And it is further ordered that if any person or persons being a freeman, shall offend against this order, he or they so offending shall for the first offence be fined five hundred pounds of good tobacco to be paid to the informer, and for every other offence committed against this order after the first, by any person, the said fine to be doubled and if any servants be permitted or encouraged by their masters to keep or have in their possession any fish gig, harping iron or any other instrument of that kind or nature and shall therewith offend against this order, that in such case the master of such servant or servants shall be liable to pay the several fines above mentioned, and if any servant or servants shall, contrary to and against their master's will and knowledge, offend against this order, that for every offence they receive such corporal punishment as by this court shall be thought meet.
As population became more dense it was inevitable that rights previously of little significance began to be asserted. This case of 1679 taken from Hening's Statutes, was a forerunner of countless others like it which continue to this day:
Robert Liny, having complained to this Grand Assembly that whereas he had cleared a fishing place in the river against his own land to his great cost and charge supposing the right thereof in himself by virtue of his patents, yet nevertheless several persons have frequently obstructed him in his just privilege of fishing there, and despite of him came upon his land and hauled their seines on shore to his great prejudice, alleging that the water was the King Majesty's and not by him granted away in any patent and therefore equally free to all His Majesty's subjects to fish in and haul their seines on shore, and praying for relief therein by a declaratory order of this Grand Assembly; it is ordered and declared by this Grand Assembly that every man's right by virtue of his patent extends into the rivers or creeks so far as low water mark and it is a privilege granted to him in and by his patent, and that therefore no person ought to come and fish there above low water mark or haul seines on shore without leave first obtained, under the hazard of comitting a trespass for which he is sueable by law.
In most cases this decision somewhat limited a landowner's claim. But on the seaside of Virginia's Eastern Shore conditions have always been so that at low tide thousands of acres of land are laid bare, with the result that "low water mark" is in many cases difficult of interpretation as a boundary between waterfront properties and the public domain.
Toward the close of the century fishing methods had shaped up advantageously compared to the crudities and hit-or-miss practices of the first settlers. Robert Beverley described them in 1705: