dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 6 (Preserves and Sanctuaries)
§ 29.1-603. No taking of game before compliance with requirements of Board.
Until the requirements specified by the Board have been fulfilled by the applicant to the satisfaction of the Board and certified to and accepted by the Board, it shall be unlawful to shoot, attempt to shoot, or to take any game of the species licensed under this chapter on premises so licensed.

A violation of this section shall be punishable as a Class 3 misdemeanor.

Code 1950, § 29-41; 1987, c. 488; 1989, c. 421.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 6 (Preserves and Sanctuaries)
§ 29.1-604. Hunting, etc., after compliance with requirements.
When the requirements specified by the Board have been certified and accepted by the Board, and when such persons are otherwise lawfully entitled to hunt game, the licensee and such other persons as he may designate, because of payment of fees or otherwise, may hunt on the licensed premises, and shoot, possess, transport and dispose of by gift any game birds or animals of the species licensed. Game birds or animals not covered by the shooting preserve license may be taken and possessed by the licensee or his guests as otherwise provided by state law or regulation.

Code 1950, § 29-42; 1987, c. 488.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 6 (Preserves and Sanctuaries)
§ 29.1-605. Reserved.
Reserved.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 6 (Preserves and Sanctuaries)
§ 29.1-606. Seals to be attached to shot game; penalty.
No shot game of the species named in the license shall be removed from the licensed premises until there has been securely attached to the game or package of game a seal, the type and design of which shall be designated by the Board. The seal shall remain attached to the game or package of game until it is finally prepared for consumption.

A violation of this section shall be punishable as a Class 3 misdemeanor.

Code 1950, § 29-44; 1958, c. 492; 1987, c. 488; 1989, c. 421; 1990, c. 408.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 6 (Preserves and Sanctuaries)
§ 29.1-607. Hunting season and bag limit.
The length of the hunting season on such preserves and the size of the bag limit shall be in accordance with rules of the Board.

Code 1950, § 29-45; 1958, c. 491; 1987, c. 488.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 6 (Preserves and Sanctuaries)
§ 29.1-608. Repealed.
Repealed by Acts 1994, c. 753.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 6 (Preserves and Sanctuaries)
§ 29.1-609. Revocation of license.
Any shooting preserve license may be revoked by the Director upon evidence that the provisions of the contract entered into by the license holder are being violated.

Code 1950, § 29-47; 1987, c. 488.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 6 (Preserves and Sanctuaries)
§ 29.1-610. Portion of James River a no-hunting area.
The James River from Bosher's Dam downstream to the Interstate 95 bridge is a no-hunting area. It is unlawful to take, attempt to take, or pursue wildlife within such area; however, fishing in such area is permitted as otherwise authorized by law.

1987, c. 488; 2022, c. 235.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 6 (Preserves and Sanctuaries)
§ 29.1-611. Penalty for violations.
Any person violating any of the provisions of this chapter shall be guilty of a Class 2 misdemeanor.

Code 1950, § 29-48; 1987, c. 488.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 6 (Preserves and Sanctuaries)
§ 29.1-612. Preserves, private clubs, associations.
Nothing in this title shall be construed as permitting any person to hunt, trap or fish in or on the lands or waters of any public or private club, association or preserve of any description as landowner or in any other capacity unless the person has a proper license.

Code 1950, § 29-78; 1987, c. 488.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-700. Definitions.
As used in this chapter, unless the context clearly requires a different meaning:

"Motorboat" means any vessel propelled by machinery whether or not the machinery is the principal source of propulsion.

"No wake" means operation of a motorboat at the slowest possible speed required to maintain steerage and headway.

"Operate" means to navigate or otherwise control the movement of a motorboat or a vessel.

"Owner" means a person, other than a lien holder, having the property in or title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security.

"Personal watercraft" means a motorboat less than sixteen feet in length which uses an inboard motor powering a jet pump, as its primary motive power and which is designed to be operated by a person sitting, standing, or kneeling on, rather than in the conventional manner of sitting or standing inside, the vessel.

"Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

"Waters of the Commonwealth" means any public waters within the territorial limits of the Commonwealth, the adjacent marginal sea and the high seas when navigated as a part of a journey or ride to or from the Virginia shore.

Code 1960, c. 500, § 62-174.2; 1962, c. 626; 1968, c. 659, § 62.1-167; 1972, c. 412; 1987, c. 488; 1998, cc. 84, 443, 512, 514, 515, 533, 537, 563.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-701.1. Authority of Board to set fees.
Notwithstanding any other provision of this title, the Board may by regulation adopt revisions in the fees, as it deems appropriate, charged for motorboat registration certificates and certificates of title under this chapter. Such license fees may be increased or decreased beginning July 1, 2004; however, no fee shall be increased or decreased more frequently than once every three years thereafter and no fee shall be increased or decreased more than $5 during such period.

2004, c. 1027.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-702. Registration requirements; display of numbers; cancellation of certificate; exemption.
A. 1. The owner of each motorboat requiring numbering by the Commonwealth shall file an application for a number with the Department on forms approved by it. The owner of the motorboat or the owner's agent shall sign the application and pay the following boat registration fee:

a. For a motorboat under 16 feet, $18;

b. For a motorboat 16 feet to less than 20 feet, $22;

c. For a motorboat 20 feet to less than 40 feet, $28;

d. For a motorboat 40 feet and over, $36.

2. Owners, other than manufacturers or dealers, of more than 10 motorboats numbered by the Commonwealth, shall pay $18 each for the first 10 such boats and $12 for each additional boat.

3. Upon receipt of the application in approved form, the Department shall have the application entered upon the records of its office and issue to the applicant a certificate of number stating the identification number awarded to the motorboat and the name, address and a social security number or numbers, or federal tax identification number of the owner or owners. Any certificate issued in accordance with this chapter shall expire three years from the last day of the month in which it was issued. Upon proper application and payment of fee, and in the discretion of the Director, the certificate may be renewed.

B. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in the manner prescribed by rules and regulations of the Board. The number shall be maintained in legible condition. The certificate of number shall be pocket-size and shall be available for inspection on the motorboat for which issued whenever such motorboat is in operation. However, the certificate of number for any vessel less than 26 feet in length, and leased or rented to another for the lessee's noncommercial use for less than 24 hours, may be retained on shore by the vessel's owner or his representative at the place at which the vessel departs and returns to the possession of the owner or his representative, provided the vessel is appropriately identified as to its owner while in use under such lease or rental.

C. No number other than the number awarded to a motorboat or granted reciprocity pursuant to this chapter shall be displayed on either side of the bow of the motorboat.

D. The Department is authorized to cancel and recall any certificate of number issued by the Department when it appears proper payment has not been made for the certificate of number or when the certificate has been improperly or erroneously issued.

E. Any motorboat purchased and used by a nonprofit volunteer emergency medical services agency or volunteer fire department shall be exempt from the registration fees imposed by subsection A.

1960, c. 500, § 62-174.5; 1962, c. 626; 1964, c. 654; 1968, c. 659, § 62.1-170; 1970, c. 240; 1972, c. 412; 1980, c. 256; 1983, c. 126; 1986, c. 125; 1987, c. 488; 1990, c. 321; 1991, c. 82; 1992, c. 250; 2012, c. 233; 2015, cc. 502, 503.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-702.1. Making false affidavit or swearing falsely, perjury; penalty.
Any person who knowingly makes any false affidavit or knowingly swears to or affirms falsely any matter or thing required by this chapter or Chapter 8 (§ 29.1-800 et seq.) of this title or by the Director incidental to his administration of the boating laws shall, upon conviction, be guilty of perjury.

1990, c. 321.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-703. Identification numbers required; decals.
Every motorboat on the waters of this Commonwealth shall be numbered except those specifically exempt in § 29.1-710. No person shall operate or give permission for the operation of any motorboat on such waters unless the motorboat is numbered in accordance with this chapter, federal law, or a federally approved numbering system of another state, or has been issued a temporary registration certificate pursuant to the provisions of § 29.1-703.1. In addition to the numbering requirements, (i) the certificate of number awarded or temporary registration certificate issued to the motorboat must be in effect, (ii) the identifying number set forth in the certificate of number must be displayed on each side of the bow of the motorboat, and (iii) decals signifying the last month and year during which the certificate of number is valid must be displayed on each side of the motorboat within six inches of the registration number so as to be visible while the motorboat is being operated. Decals will be furnished with each certificate of number issued or reissued by the Department. Expired decals must be removed from the vessel. Upon written request and for good cause, the Board may allow exceptions to the requirement to display decals. If a decal becomes defaced, lost or destroyed, application for replacement shall be made to the Board within fifteen days. A fee of one dollar shall be charged for each decal or set of decals replaced. Decals must be displayed upon the watercraft for which they were purchased and are not transferable.

1960, c. 500, § 62-174.4; 1962, c. 626; 1968, c. 659, § 62.1-169; 1984, c. 3; 1987, c. 488; 1995, c. 241.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-703.1. Temporary registration certificate; fee; application.
A. An owner may obtain a temporary registration certificate from the Department or an authorized agent of the Department. The fee for the temporary registration certificate shall be ten dollars. Each temporary registration certificate issued shall be valid for a period of thirty days from the date of issuance. To qualify for a temporary registration certificate, the owner shall provide his name and address (including zip code), sufficient proof of ownership as determined by the Department and a description of the motorboat to include the: present number on the boat (if any); make and model; type of propulsion; year of manufacture; length as measured along the centerline; hull identification number; state of principal use; and required fee. Application for the permanent certificate of number and certificate of title (if applicable) with applicable fees shall be submitted to the Department immediately upon receipt of a temporary registration certificate.

B. A temporary registration certificate shall not be valid as proof of ownership for any vessel.

1995, c. 241.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-703.2. Designation of agents; compensation to agents; deposit of temporary registration certificate moneys.
A. The Director may authorize any person to act as an agent to issue temporary registration certificates. Persons accepting such authorization may be issued temporary registration certificates which upon issuance, in conformity with this chapter and with any rules and regulations of the Board, shall be valid as if issued directly by the Director.

B. Notwithstanding the provisions of § 2.2-1802, the money received for temporary registration certificates issued pursuant to § 29.1-703.1 shall be paid by each agent to the Department for payment into the state treasury. All moneys collected by the Department from the issuance of temporary registration certificates shall be deposited into the game protection fund and credited to the motorboat and water safety fund.

C. As compensation for such service, agents shall add and retain an amount equal to the fee provided to agents for the sale of hunting and fishing licenses as provided in § 29.1-332.

D. Remittance to the Department shall be made by each agent as required by the Department.

1995, c. 241.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-704. Recording previously awarded numbers.
The owner of any motorboat already covered by a number in effect which has been awarded to it pursuant to then operative federal law or pursuant to a federally approved numbering system of another state shall record the number prior to operating the motorboat on the waters of this Commonwealth in excess of the ninety-day reciprocity period provided for in § 29.1-710. Such recordation shall be in the manner and pursuant to the procedure required for the award of a number under § 29.1-702, except that no additional or substitute number shall be issued.

1960, c. 500, § 62-174.5; 1962, c. 626; 1964, c. 654; 1968, c. 659, § 62.1-170; 1970, c. 240; 1972, c. 412; 1980, c. 256; 1983, c. 126; 1986, c. 125; 1987, c. 488.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-705. Change of ownership of motorboat; lost certificates.
Should the ownership of a numbered motorboat change, a new application form with the appropriate fee as provided in § 29.1-702 shall be filed with the Department, and a new certificate bearing the same number shall be awarded in the manner as provided for in an original award of number. If the registration of the former owner is valid and the new owner has in his possession the dated bill of sale and the valid registration card of the former owner, the new owner may operate the vessel for thirty days from the date of purchase. If a certificate is lost, a new certificate bearing the same number shall be issued upon payment of a fee of fifty cents. Possession of the certificate shall in cases involving prosecution for violation of any provision of this chapter be prima facie evidence that the person whose name appears thereon is the owner of the boat.

1960, c. 500, § 62-174.5; 1962, c. 626; 1964, c. 654; 1968, c. 659, § 62.1-170; 1970, c. 240; 1972, c. 412; 1980, c. 256; 1983, c. 126; 1986, c. 125; 1987, c. 488.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-706. Agents awarding numbers.
The Director may award any certificate of number directly or may authorize any person to act as an agent to make award. Persons accepting such authorization may be assigned a block of numbers and certificates which upon award, in conformity with this chapter and with any rules and regulations of the Board, shall be valid as if awarded directly by the Director.

1960, c. 500, § 62-174.5; 1962, c. 626; 1964, c. 654; 1968, c. 659, § 62.1-170; 1970, c. 240; 1972, c. 412; 1980, c. 256; 1983, c. 126; 1986, c. 125; 1987, c. 488.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-707. Records.
All records of the Department made or kept pursuant to this section shall be public records and shall be open for inspection subject to conditions the Board may prescribe. The Director shall furnish, without cost, the annual lists of boat registrations, as of January 1, to the commissioners of revenue of each county or city, except that the Director shall not send the lists to any commissioner who requests that he not receive them.

1960, c. 500, § 62-174.5; 1962, c. 626; 1964, c. 654; 1968, c. 659, § 62.1-170; 1970, c. 240; 1972, c. 412; 1980, c. 256; 1983, c. 126; 1986, c. 125; 1987, c. 488.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-708. Transfer, destruction or abandonment of motorboat.
The owner shall furnish the Department with notice of (i) the transfer of all or any part of his interest other than the creation of a security interest in a motorboat numbered in Virginia pursuant to § 29.1-702 or § 29.1-704 or (ii) the destruction or abandonment of such motorboat, within fifteen days thereof. Such transfer, destruction, or abandonment shall terminate the certificate of number for the motorboat except that, in the case of a transfer of a part interest which does not affect the owner's right to operate such motorboat, the transfer shall not terminate the certificate of number.

1960, c. 500, § 62-174.5; 1962, c. 626; 1964, c. 654; 1968, c. 659, § 62.1-170; 1970, c. 240; 1972, c. 412; 1980, c. 256; 1983, c. 126; 1986, c. 125; 1987, c. 488.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-709. Change of address of certificate holder.
Any holder of a certificate of number shall notify the Department within fifteen days if his address appearing on the certificate changes, and he shall furnish the Department with his new address. The Board may provide in its rules and regulations for the surrender of the certificate bearing the former address and for certificate replacements or alterations bearing the new address.

1960, c. 500, § 62-174.5; 1962, c. 626; 1964, c. 654; 1968, c. 659, § 62.1-170; 1970, c. 240; 1972, c. 412; 1980, c. 256; 1983, c. 126; 1986, c. 125; 1987, c. 488.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-710. Exemption from numbering requirements.
A motorboat shall not be required to be numbered under this chapter if it is:

1. A motorboat which has been awarded a number pursuant to federal law or a federally approved numbering system of another state if the boat has been within the Commonwealth for less than ninety consecutive days.

2. A motorboat from a country other than the United States temporarily using the waters of the Commonwealth.

3. A motorboat which is used in a governmental function by the United States, a state or a subdivision of the state.

4. A ship's lifeboat.

5. A vessel which has a valid marine document issued by the Bureau of Customs of the United States government or any federal agency successor thereto.

6. A racing boat used during an authorized race and during a twenty-four-hour period before and after the race.

7. A motorboat belonging to a class of vessels which has been exempted from numbering by a regulation adopted by the Board after the Board has found that applicable federal law or federal regulation has exempted, or permitted the exemption of, such class of vessels.

8. A motorboat for which (i) a valid temporary registration certificate has been issued by the Department or an authorized agent of the Department, and (ii) an application has been made for a permanent registration and title (if applicable).

1960, c. 500, § 62-174.7; 1962, c. 626; 1964, c. 654; 1968, c. 659, § 62.1-173; 1972, c. 412; 1987, c. 488; 1995, c. 241.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-711. Dealers and manufacturers of motorboats.
The following shall apply to dealers and manufacturers:

1. The registering and numbering requirements of this chapter shall apply to dealers and manufacturers of motorboats.

2. Applications for certificates of number shall be made on the approved application form prescribed in this chapter. Dealers and manufacturers shall certify that they are dealers or manufacturers.

3. Applications shall be accompanied by a fee of twenty-five dollars for dealers and forty dollars for manufacturers, by check or money order, and shall be forwarded to the Department.

4. Upon receipt by the Department of a properly completed application and fee, it shall issue to the applicant a dealer's or manufacturer's certificate of number, as appropriate, which may be used in connection with the operation of any motorboat in the possession of the dealer or manufacturer when the boat is being used for demonstration purposes.

5. Additional dealer's or manufacturer's certificates of number may be obtained by applying in the same manner as prescribed for the initial certificate with payment of an additional fee of twelve dollars for each additional certificate.

6. Manufacturers or dealers may have the number or numbers awarded to them printed upon or attached to a removable sign or signs to be temporarily but firmly mounted upon or attached to the boat being demonstrated, so long as the display meets the requirements of this chapter.

1960, c. 500, § 62-174.5; 1962, c. 626; 1964, c. 654; 1968, c. 659, § 62.1-170; 1970, c. 240; 1972, c. 412; 1980, c. 256; 1983, c. 126; 1986, c. 125; 1987, c. 488; 1990, c. 321.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-712. Repealed.
Repealed by Acts 2013, c. 787, cl. 2, effective July 1, 2014.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-733.10. Title brand.
A. Unless subsection C applies, at or before the time the owner of record transfers an ownership interest in a hull-damaged watercraft that is covered by a certificate of title created by the Department, if the damage occurred while that person was an owner of the watercraft and the person has notice of the damage at the time of the transfer, the owner shall:

1. Deliver to the Department an application for a new certificate that complies with § 29.1-733.7 and includes the title brand designation "Hull Damaged"; or

2. Indicate on the certificate in the place designated for that purpose that the watercraft is hull damaged and deliver the certificate to the transferee.

B. Not later than 20 days after delivery to the Department of the application under subdivision A 1 or the certificate of title under subdivision A 2, the Department shall create a new certificate that indicates that the watercraft is branded "Hull Damaged."

C. Before an insurer transfers an ownership interest in a hull-damaged watercraft that is covered by a certificate of title created by the Department, the insurer shall deliver to the Department an application for a new certificate that complies with § 29.1-733.7 and includes the title brand designation "Hull Damaged." Not later than 20 days after delivery of the application to the Department, the Department shall create a new certificate that indicates that the watercraft is branded "Hull Damaged."

D. An owner of record that fails to comply with subsection A, a person that solicits or colludes in a failure by an owner of record to comply with subsection A, or an insurer that fails to comply with subsection C is subject to a civil penalty of $1,000.

2013, c. 787.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-733.11. Maintenance of and access to files.
A. For each record relating to a certificate of title submitted to the Department, the Department shall:

1. Ascertain or assign the hull identification number for the watercraft;

2. Maintain the hull identification number and all the information submitted with the application pursuant to subsection B of § 29.1-733.7 to which the record relates, including the date and time the record was delivered to the Department;

3. Maintain the files for public inspection subject to subsection E; and

4. Index the files of the Department as required by subsection B.

B. The Department shall maintain in its files the information contained in all certificates of title created under this article. The information in the files of the Department shall be searchable by the hull identification number of the watercraft, the registration number, the name of the owner of record, and any other method used by the Department.

C. The Department shall maintain in its files, for each watercraft for which it has created a certificate of title, all title brands known to the Department, the name of each secured party known to the Department, the name of each person known to the Department to be claiming an ownership interest, and all stolen-property reports the Department has received.

D. Upon request, for safety, security, or law-enforcement purposes, the Department shall provide to federal, state, or local government the information in its files relating to any watercraft for which the Department has issued a certificate of title.

E. Except as otherwise provided by the law of the Commonwealth other than this article, the information required under § 29.1-733.9 is a public record. The information provided under subdivision B 3 of § 29.1-733.7 is not a public record.

2013, c. 787.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-733.12. Action required on creation of certificate of title.
A. On creation of a written certificate of title, the Department promptly shall send the certificate to the secured party of record or, if none, to the owner of record at the address indicated for that person in the files of the Department. On creation of an electronic certificate of title, the Department promptly shall send a record evidencing the certificate to the owner of record and, if there is one, to the secured party of record at the address indicated for that person in the files of the Department. The Department shall send the record to the person's mailing address or, if indicated in the files of the Department, an electronic address.

B. If the Department creates a written certificate of title, any electronic certificate of title for the watercraft is canceled and replaced by the written certificate. The Department shall maintain in the files of the Department the date and time of cancellation.

C. Before the Department creates an electronic certificate of title, any written certificate for the watercraft shall be surrendered to the Department. If the Department creates an electronic certificate, the Department shall destroy or otherwise cancel the written certificate for the watercraft that has been surrendered to the Department and maintain in the files of the Department the date and time of destruction or other cancellation. If a written certificate being canceled is not destroyed, the Department shall indicate on the face of the certificate that it has been canceled.

2013, c. 787.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-733.13. Effect of certificate of title.
A certificate of title is prima facie evidence of the accuracy of the information in the record that constitutes the certificate.

2013, c. 787.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-733.14. Effect of possession of certificate of title; judicial process; levy; penalty.
A. Possession of a certificate of title does not by itself provide a right to obtain possession of a watercraft. Garnishment, attachment, levy, replevin, or other judicial process against the certificate is not effective to determine possessory rights to the watercraft. This article does not prohibit enforcement under law of the Commonwealth other than this article of a security interest in, levy on, or foreclosure of a statutory or common-law lien on a watercraft. Absence of an indication of a statutory or common-law lien on a certificate does not invalidate the lien.

B. A levy made by virtue of an execution, fieri facias, or other proper court order, upon a watercraft for which a certificate of title has been issued by the Department, shall constitute a lien, when the officer making the levy reports to the Department at its principal office, on forms provided by the Department, that the levy has been made and that the vessel levied upon is in the custody of the officer. Should the lien thereafter be satisfied or should the vessel levied upon and seized thereafter be released by the officer, he shall immediately report that fact to the Department at its principal office. Any owner who, after such levy and seizure by an officer and before the report is made by the officer to the Department, fraudulently assigns or transfers his title to or interest in the watercraft, or causes the certificate of title to be assigned or transferred, or causes a security interest to be shown upon such certificate of title, is guilty of a Class 1 misdemeanor.

2013, c. 787.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-733.16. Termination statement; delivery of certificate of title; penalty.
A. A secured party indicated in the files of the Department as having a security interest in a watercraft shall deliver a termination statement to the Department and, on the debtor's request, to the debtor by the earlier of:

1. Twenty days after the secured party receives a signed demand from an owner for a termination statement and there is no obligation secured by the watercraft subject to the security interest and no commitment to make an advance, incur an obligation, or otherwise give value secured by the watercraft; or

2. If the watercraft is consumer goods, 30 days after there is no obligation secured by the watercraft and no commitment to make an advance, incur an obligation, or otherwise give value secured by the watercraft.

B. If a written certificate of title has been created and delivered to a secured party and a termination statement is required under subsection A, the secured party, not later than the date required by subsection A, shall deliver the certificate to the debtor or to the Department with the statement. An owner, upon securing the release of any security interest upon a vessel shown upon the certificate of title issued for the watercraft, may exhibit the documents evidencing the release, signed by the person or persons making such release, and the certificate of title to the Department. If the certificate is lost, stolen, mutilated, destroyed, or is otherwise unavailable or illegible, the secured party shall deliver with the statement, not later than the date required by subsection A, an application for a replacement certificate meeting the requirements of § 29.1-733.22.

C. On delivery to the Department of a termination statement authorized by the secured party, the security interest to which the statement relates ceases to be perfected. If the security interest to which the statement relates was indicated on the certificate of title, the Department shall create a new certificate and deliver the new certificate or a record evidencing an electronic certificate. The Department shall maintain in its files the date and time of delivery to the Department of the statement.

D. A secured party that fails to deliver a required termination statement is liable for any loss that the secured party had reason to know might result from its failure to comply and that could not reasonably have been prevented and for the cost of an application for a certificate of title under § 29.1-733.7 or 29.1-733.22.

E. It shall constitute a Class 1 misdemeanor for a secured party who holds a certificate of title to refuse or fail to surrender the certificate to the owner or his agent within 10 days after the security interest has been paid and satisfied.

2013, c. 787.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-733.17. Transfer of ownership.
A. On voluntary transfer of an ownership interest in a watercraft covered by a certificate of title, the following rules apply:

1. If the certificate is a written certificate of title and the transferor's interest is noted on the certificate, the transferor promptly shall sign the certificate and deliver it to the transferee. If the transferor does not have possession of the certificate, the person in possession of the certificate has a duty to facilitate the transferor's compliance with this subdivision. A secured party does not have a duty to facilitate the transferor's compliance with this subdivision if the proposed transfer is prohibited by the security agreement.

2. If the certificate of title is an electronic certificate of title, the transferor promptly shall sign and deliver to the transferee a record evidencing the transfer of ownership to the transferee.

3. The transferee has a right enforceable by specific performance to require the transferor comply with subdivision 1 or 2.

B. The creation of a certificate of title identifying the transferee as owner of record satisfies subsection A.

C. A failure to comply with subsection A or to apply for a new certificate of title does not render a transfer of ownership of a watercraft ineffective between the parties. Except as otherwise provided in § 29.1-733.18, 29.1-733.19, 29.1-733.23, or 29.1-733.24, a transfer of ownership without compliance with subsection A is not effective against another person claiming an interest in the watercraft.

D. A transferor that complies with subsection A is not liable as owner of the watercraft for an event occurring after the transfer, regardless of whether the transferee applies for a new certificate of title.

2013, c. 787.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-733.18. Effect of missing or incorrect information.
Except as otherwise provided in § 8.9A-337, a certificate of title or other record required or authorized by this article is effective even if it contains incorrect information or does not contain required information.

2013, c. 787.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-733.19. Transfer of ownership by secured party's transfer statement.
A. For the purpose of this section, "secured party's transfer statement" means a record signed by the secured party of record stating:

1. A default on an obligation secured by the watercraft has occurred;

2. The secured party of record is exercising or has exercised post-default remedies with respect to the watercraft;

3. By reason of the exercise, the secured party of record has the right to transfer the ownership interest of an owner, and the name of the owner;

4. The name and last-known mailing address of the owner of record and the secured party of record;

5. The name of the transferee;

6. All other information required by subsection B of § 29.1-733.7; and

7. One of the following:

a. The certificate of title is an electronic certificate;

b. The secured party does not have possession of the written certificate of title created in the name of the owner of record; or

c. The secured party is delivering the written certificate of title to the Department with the secured party's transfer statement.

B. Unless the Department rejects a secured party's transfer statement for a reason stated in subsection C of § 29.1-733.8, not later than 20 days after delivery to the Department of the statement and payment of fees and taxes payable under the law of the Commonwealth other than this article in connection with the statement or the acquisition or use of the watercraft, the Department shall:

1. Accept the statement;

2. Amend the files of the Department to reflect the transfer; and

3. If the name of the owner whose ownership interest is being transferred is indicated on the certificate of title:

a. Cancel the certificate even if the certificate has not been delivered to the Department;

b. Create a new certificate indicating the transferee as owner; and

c. Deliver the new certificate or a record evidencing an electronic certificate.

C. An application under subsection A or the creation of a certificate of title under subsection B is not by itself a disposition of the watercraft and does not by itself relieve the secured party of its duties under Title 8.9A.

2013, c. 787.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-733.21. Application for transfer of ownership or termination of security interest without certificate of title.
A. Except as otherwise provided in § 29.1-733.19 or 29.1-733.20, if the Department receives, unaccompanied by a signed certificate of title, an application for a new certificate that includes an indication of a transfer of ownership or a termination statement, the Department shall create a new certificate under this section only if:

1. All other requirements under §§ 29.1-733.7 and 29.1-733.8 are met;

2. The applicant provides an affidavit stating facts showing the applicant is entitled to a transfer of ownership or termination statement;

3. The applicant provides the Department with satisfactory evidence that notification of the application has been sent to the owner of record and all persons indicated in the files of the Department as having an interest, including a security interest, in the watercraft, at least 45 days have passed since the notification was sent, and the Department has not received an objection from any of those persons; and

4. The applicant submits any other information required by the Department as evidence of the applicant's ownership or right to terminate the security interest, and the Department has no credible information indicating theft, fraud, or an undisclosed or unsatisfied security interest, lien, or other claim to an interest in the watercraft.

B. The Department shall indicate in a certificate of title created under subsection A that the certificate was created without submission of a signed certificate or termination statement. Unless credible information indicating theft, fraud, or an undisclosed or unsatisfied security interest, lien, or other claim to an interest in the watercraft is delivered to the Department not later than one year after creation of the certificate, on request in a form and manner required by the Department, the Department shall remove the indication from the certificate.

C. Unless the Department determines that the value of a watercraft is less than $5,000, before the Department creates a certificate of title under subsection A, the Department shall require the applicant to post a bond or provide an equivalent source of indemnity or security. The bond, indemnity, or other security shall not exceed twice the value of the watercraft as determined by the Department. The bond, indemnity, or other security shall be in a form required by the Department and provide for indemnification of any owner, purchaser, or other claimant for any expense, loss, delay, or damage, including reasonable attorney fees and costs, but not including incidental or consequential damages, resulting from creation or amendment of the certificate.

D. Unless the Department receives a claim for indemnity not later than one year after creation of a certificate of title under subsection A, on request in a form and manner required by the Department, the Department shall release any bond, indemnity, or other security.

2013, c. 787.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-733.22. Replacement certificate of title.
A. If a written certificate of title is lost, stolen, mutilated, destroyed, or otherwise becomes unavailable or illegible, the secured party of record or, if no secured party is indicated in the files of the Department, the owner of record may apply for and, by furnishing information satisfactory to the Department, obtain a replacement certificate in the name of the owner of record.

B. An applicant for a replacement certificate of title shall sign the application and, except as otherwise permitted by the Department, the application shall comply with § 29.1-733.7. The application shall include the existing certificate unless the certificate is lost, stolen, mutilated, destroyed, or otherwise unavailable.

C. A replacement certificate of title created by the Department shall comply with § 29.1-733.9 and indicate on the face of the certificate that it is a replacement certificate.

D. If a person receiving a replacement certificate of title subsequently obtains possession of the original written certificate, the person promptly shall destroy the original certificate of title.

2013, c. 787.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-733.23. Rights of purchaser other than secured party.
A. A buyer in ordinary course of business has the protections afforded by subsection (2) of § 8.2-403 and subsection (a) of § 8.9A-320 even if an existing certificate of title was not signed and delivered to the buyer or a new certificate listing the buyer as owner of record was not created.

B. Except as otherwise provided in §§ 29.1-733.17 and 29.1-733.24, the rights of a purchaser of a watercraft that is not a buyer in ordinary course of business or a lien creditor are governed by the Uniform Commercial Code.

2013, c. 787.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-733.24. Rights of secured party.
A. Subject to subsection B or C, the effect of perfection and nonperfection of a security interest and the priority of a perfected or unperfected security interest with respect to the rights of a purchaser or creditor, including a lien creditor, is governed by Titles 8.1A through 8.10.

B. A security interest perfected under this article has priority over any statutory lien on the watercraft, except for a mechanics lien for repairs to the extent of $150 given by § 43-33 if the requirements are met, provided the mechanic furnishes the holder of any such recorded lien who requests it with an itemized sworn statement of the work done and materials supplied for which the lien is claimed.

C. If, while a security interest in a watercraft is perfected by any method under this article, the Department creates a certificate of title that does not indicate that the watercraft is subject to the security interest or contain a statement that it may be subject to security interests not indicated on the certificate:

1. A buyer of the watercraft, other than a person in the business of selling or leasing watercraft of that kind, takes free of the security interest if the buyer, acting in good faith and without knowledge of the security interest, gives value and receives possession of the watercraft; and

2. The security interest is subordinate to a conflicting security interest in the watercraft that is perfected under § 29.1-733.15 after creation of the certificate and without the conflicting secured party's knowledge of the security interest.

2013, c. 787.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 7 (BOATING LAWS)
§ 29.1-733.26. Duties and operation of the Department.
A. The Department shall retain the evidence used to establish the accuracy of the information in its files relating to the current ownership of a watercraft and the information on the certificate of title.

B. The Department shall retain in its files all information regarding a security interest in a watercraft for at least 10 years after the Department receives a termination statement regarding the security interest. The information shall be accessible by the hull identification number for the watercraft and any other methods provided by the Department.

C. If a person submits a record to the Department, or submits information that is accepted by the Department, and requests an acknowledgment of the filing or submission, the Department shall send to the person an acknowledgment showing the hull identification number of the watercraft to which the record or submission relates, the information in the filed record or submission, and the date and time the record was received or the submission accepted. A request under this section shall contain the hull identification number and be delivered by means authorized by the Department.

D. The Department shall send or otherwise make available in a record the following information to any person that requests it and pays the applicable fee:

1. Whether the files of the Department indicate, as of a date and time specified by the Department, but not a date earlier than three days before the Department received the request, any certificate of title, security interest, termination statement, or title brand that relates to a watercraft:

a. Identified by a hull identification number designated in the request;

b. Identified by a registration number designated in the request; or

c. Owned by a person designated in the request;

2. With respect to the watercraft:

a. The name and address of any owner as indicated in the files of the Department or on the certificate of title;

b. The name and address of any secured party as indicated in the files of the Department or on the certificate, and the effective date of the information; and

c. A copy of any termination statement indicated in the files of the Department and the effective date of the termination statement; and

3. With respect to the watercraft, a copy of any certificate of origin, secured party transfer statement, transfer by law statement under § 29.1-733.20, and other evidence of previous or current transfers of ownership.

E. In responding to a request under this section, the Department shall provide the requested information in any medium. On request, the Department shall send the requested information in a record that is self-authenticating.

F. Employees of the Department are authorized to administer oaths and take acknowledgments and affidavits incidental to the administration and enforcement of this article. They shall receive no compensation for these services.

2013, c. 787.