dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-802. Powers of officers charged with enforcement; entry to establishment; seizure; destruction.
A. For the purpose of carrying out the provisions of this chapter, the State Health Commissioner and the Commissioner of Marine Resources or their designees may enter any establishment located in the Commonwealth, where crustacea or shellfish may be found, and if it appears that any provision of this chapter has been violated, may, with or without a warrant, arrest any person who is or has been, or is believed to be or have been, in charge of the crustacea or shellfish and may seize, in the name of the Commonwealth, and take possession of such crustacea or shellfish.

B. The State Health Commissioner and the Commissioner of Marine Resources, or their designees, may seize and take possession of any boat, vessel, barge, car, motor vehicle or other conveyance used in violation of any provision of this chapter. Such boat, vessel, barge, car, motor vehicle or other conveyance may be held only until the accused has been admitted to bail as provided by Chapter 9 (§ 19.2-119 et seq.) of Title 19.2 or has been served with and released on summons.

C. When any crustacea or shellfish of an accused are seized pursuant to the provisions of this section, they may be destroyed at the discretion of the State Health Commissioner, the Commissioner of Marine Resources or their designees. If the accused is acquitted of the charges, he shall be compensated for their value, based on the average selling price on the day of seizure.

Code 1950, § 28-166; 1962, c. 406, § 28.1-183; 1966, c. 684; 1989, c. 2; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-803. Examination, analysis and inspection.
A. The State Health Commissioner may in his discretion, or shall at the request of the Governor, the Marine Resources Commission, or the Commissioner of Marine Resources, conduct an examination or analysis of crustacea, finfish and shellfish, whether on the planting grounds, in an establishment, or in any other place in this Commonwealth, from which the products are to be taken or sold for food purposes.

B. The State Health Commissioner in making such examination may analyze the water and bottom sediment in and adjacent to the crustacea, finfish, or shellfish growing areas for evidence of pollution, and he may survey the sanitary conditions and pollution hazards adjacent to shellfish growing areas, both in the water and on shore.

C. The State Health Commissioner in conducting his analysis shall examine the establishments in which crustacea, finfish and shellfish are handled and the sanitary conditions surrounding the establishment. At that time, he may analyze the crustacea, finfish and shellfish in the establishment.

Code 1950, § 28-159; 1962, c. 406, § 28.1-175; 1992, c. 836.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-804. Polluted ground; crustacea, finfish or shellfish.
When the State Health Commissioner determines, as a result of an examination, analysis or inspection, that (i) the crustacea, finfish, or shellfish upon such ground, or in such establishment or other places where they are sold or offered for sale, are or may be unfit for market; or (ii) such growing area is polluted or has a pollution hazard so great as to render it an unfit ground from which to take crustacea, finfish or shellfish for processing or consumption; or (iii) such establishment or other place is so insanitary as to render it an unfit place in which to prepare crustacea, finfish or shellfish for market, he shall notify the Commissioner of Marine Resources and the owner or operator of such grounds, establishment or other place that the crustacea, finfish or shellfish are unfit for market.

Code 1950, § 28-160; 1962, c. 406, § 28.1-176; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-805. Notice to cease activity.
Upon receipt of such notice, the owner or operator of such grounds, establishment, or other place shall cease to take crustacea, finfish, or shellfish from such ground, except as is hereinafter provided, and shall cease to prepare for market, or to sell or offer for sale, or to dispose of crustacea, finfish, or shellfish in such establishments or other places until the cause for such notice has been removed or relieved to the satisfaction of the State Health Commissioner.

Code 1950, § 28-160; 1962, c. 406, § 28.1-176; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-806. State Health Commissioner to establish standards.
The State Health Commissioner may establish and change standards, examinations, analyses and inspections which control the taking and marketing from a health standpoint, of crustacea, finfish or shellfish. He shall be the sole judge of whether or not such crustacea, finfish or shellfish are sanitary and fit for market.

Code 1950, § 28-160; 1962, c. 406, § 28.1-176; 1992, c. 836.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-807. Condemnation of polluted growing area; procedure.
If, after examination of the crustacea, finfish or shellfish in a growing area, or the bottom in or adjacent to such area, or the water over such area, or the sanitary or pollution conditions adjacent to or in near proximity to a growing area, the State Health Commissioner determines that the crustacea, finfish or shellfish are unfit for market, he shall, after notifying the Commissioner of Marine Resources, establish boundaries of the area in which the crustacea, finfish or shellfish are located or planted. This area shall be condemned and remain so until the Health Commissioner finds such crustacea, finfish or shellfish, or area, sanitary and not polluted. The Commissioner of Marine Resources, with instructions from the State Health Commissioner, shall provide to the public identification of designated condemned areas. Public identification of designated condemned areas shall be by the use of markers, signs, downloadable maps, or digital interactive online maps. When used, markers or signs shall be supplied to the Commissioner of Marine Resources by the State Health Commissioner.

Code 1950, § 28-161; 1962, c. 406, § 28.1-177; 1979, c. 714; 1992, c. 836; 2020, c. 292.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-808. Periods of condemnation.
A crustacea, finfish or shellfish growing area and the crustacea, finfish or shellfish, located thereon may be condemned for the following periods:

1. For an indefinite period, based upon water quality and sources of pollution.

2. Seasonally, where recreation or certain other activities in or adjacent to the area may cause pollution of the growing area during certain seasons of the year.

3. Conditionally, for finite periods of time, based on predictable pollution events. Such conditionally condemned areas may be closed by the State Health Commissioner without advance notice or a prior hearing, provided that a hearing is held within thirty days after the area is condemned, unless it is reopened within this period.

Areas not condemned are in effect approved.

Code 1950, § 28-161; 1962, c. 406, § 28.1-177; 1979, c. 714; 1992, c. 836.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-809. Emergency closing of ground.
The State Health Commissioner may close any crustacea, finfish or shellfish growing area without a hearing or an investigation, if he has substantial evidence or information that such area is polluted or likely to be polluted. In such event, the State Health Commissioner shall, within thirty days after such closure or declaration, either reopen the area or make the examination, inspection, and analysis provided for in §§ 28.2-803 through 28.2-808. If such grounds or area is not reopened or declared not polluted within thirty days after closure or declaration of pollution, any leaseholder in the growing area may demand and have a public hearing as to the conditions of the ground or area.

Code 1950, § 28-162; 1962, c. 406, § 28.1-178; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-810. Removal, transportation, etc., from polluted ground; penalty.
A. It is unlawful for any person to take, catch, transport, sell, offer for sale, remove, receive, keep or store shellfish from condemned areas, or relay shellfish taken from such areas, until the Commissioner of Marine Resources or his designee has issued a special permit. The permittee shall carry the permit when engaged in such operation.

B. It is unlawful for any person to take or remove shellfish from private grounds in condemned areas without written authority in his possession from the owner or lessee, in addition to the permit required by subsection A of this section.

C. It is unlawful for any person to transport, relay, or move shellfish from condemned areas after sunset or before sunrise, except by motor vehicle properly sealed as required by § 28.2-812. It is unlawful to mix clean shellfish and shellfish from condemned areas in the same cargo.

Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-811. Permits for transporting, relaying or depurating; revocation.
A. Permits for transporting and relaying shall only be issued to (i) persons that catch shellfish from condemned areas and that want to move such shellfish to an approved area and (ii) those persons who buy shellfish from condemned areas from the catcher and who transport or relay the shellfish to approved grounds. Permits for transporting shellfish for depuration in a facility approved by the State Health Commissioner shall be issued only to persons who purchase from the catcher or catch shellfish taken from certain condemned areas identified by the State Health Commissioner.

B. Upon evidence of a permit holder offering for sale and not planting shellfish from condemned areas, the Commissioner of Marine Resources shall promptly revoke all permits held by such person.

C. The special permit, after having been issued, may be revoked at any time by the Commissioner of Marine Resources, when in his judgment, it is in the best interest of the industry. Any person having his permit revoked may demand a hearing before the Marine Resources Commission at its next scheduled meeting.

Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-812. Sealing motor vehicles used in transporting.
Permits shall not be issued to any motor vehicle transporting or relaying shellfish from condemned areas unless the motor vehicle has an enclosed body with doors which can be sealed by an officer. An officer may refuse to issue such a permit if he determines the motor vehicle cannot be properly sealed.

If shellfish from condemned areas are to be transported for depuration or relaying by a motor vehicle, an officer shall seal the body of the motor vehicle before departure. It is unlawful for the seal to be broken by anyone except an officer at the location where the cargo is to be discharged for relaying or depuration. After the seal has been broken, an officer shall supervise the relaying of the shellfish from the motor vehicle to the approved area or the unloading of the motor vehicle at the depuration facility.

Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-813. Maintenance of records.
Any person holding a valid permit to remove, transport, relay, or transport for depuration shellfish from condemned areas shall keep accurate records and submit monthly reports to the Commissioner of Marine Resources. The reports shall include the following information: (i) the areas from which the shellfish were removed; (ii) the areas to which the shellfish were relayed; (iii) the name of the depuration facility to which the shellfish were delivered; (iv) the dates of the removal, delivery to the depuration facility or relaying; (v) the number of bushels or number by count of shellfish removed, delivered for depuration or relayed; (vi) the name of the permit holder; (vii) the name and address of each person employed and engaged in the operation; (viii) the names or numbers of the boats; and (ix) the license numbers of the motor vehicles used in the operation.

Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-814. Submission of reports.
During any month covered by permit in which no removal, relaying or depuration activity occurs, a report shall be submitted to the Commissioner of Marine Resources indicating that no shellfish were removed, relayed or depurated. It shall be the responsibility of the permit holder to keep accurate records and make reports of the removal, relaying or depuration, to the Commissioner of Marine Resources on or before the tenth day of the month following the month of operation. The permit shall set out the expiration date.

Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-815. Application for special permit.
Application for the special permit provided for in §§ 28.2-810 and 28.2-811 shall be made on forms provided by the Commissioner of Marine Resources before the removal, transportation or relaying of shellfish from condemned areas. This permit shall not be transferable.

Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-816. Supervision of removal, relaying or depuration; seasons established.
A. Shellfish removal or relaying from condemned areas shall be under the supervision of the Commissioner of Marine Resources and the State Health Commissioner.

B. The season for the removal or relaying of shellfish shall be:

1. April 1 to November 1 from private grounds.

2. May 1 to August 15 from public grounds.

The dates for the opening and closing of seasons may be changed by the Marine Resources Commission, and the Marine Resources Commission may refuse to grant permits for removal of shellfish from condemned areas of the waters of the Commonwealth.

C. The Marine Resources Commission, after consultation with the Department of Health, shall establish the season for removal of shellfish for depuration from certain condemned areas designated by the State Health Commissioner.

Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-817. Displaying identification when transporting shellfish.
Any conveyance engaged in transporting shellfish which have been caught within condemned areas for relaying or depuration to another area, or depuration facility where they may be cleansed and made fit for market, shall display a yellow flag of not less than thirty inches in length and eighteen inches in width before any shellfish are placed thereon. The flag shall be displayed during the entire relaying and transporting operation.

Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-818. Identification of relay areas.
Officers and employees of the Department of Health shall examine the area to which shellfish from condemned areas are relayed and ensure that adequate and proper corner stakes or buoys have been put in place by the lessee before a permit is issued to transport to or plant the area. When shellfish from condemned grounds are relayed onto approved grounds, a twenty-five-foot open area shall be maintained between each bed. Each corner stake or buoy shall be marked by a yellow flag or bunting of not less than fifteen inches by fifteen inches, and the marking shall remain until a special permit to remove the shellfish for sale or shipment has been obtained from the State Health Commissioner.

Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-819. Movement and unloading of shellfish from condemned area.
A. It shall be unlawful for any person to discharge, or cause to be discharged, any part of the shellfish from any conveyance engaged in transporting shellfish from condemned areas at any place other than to approved areas for cleansing. Shellfish removed from condemned areas shall be taken directly to (i) the approved planting ground, (ii) conveyances holding a proper permit for relaying to cleansing areas designated in the permit or (iii) a depuration facility approved by the State Health Commissioner.

B. The loading and unloading, ashore, of shellfish taken from condemned areas shall only be at locations designated by the Marine Resources Commission. In the instance of an emergency unloading of any conveyance engaged in transporting shellfish from a condemned area, the Marine Resources Commission shall be notified immediately and disposition of the cargo shall be made under the supervision of an officer.

Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-820. Harvesting, transporting, handling or transplanting of seed-stock shellfish.
The Commission shall promulgate regulations for the harvesting, transporting, handling and transplanting of wild and cultured seed-stock shellfish from condemned areas. The Commission shall consider limitations based on the size of seed-stock shellfish that may be harvested, methods of handling, controls on the methods of transportation, and restrictions on the transplanting process necessary to protect the health of the public. The Commission shall consult with the State Health Commissioner prior to the adoption of any such regulation.

Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836; 2001, c. 103.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-821. Violations; penalty.
A. It is unlawful for any person to have in his possession, to store, to sell, or to offer for sale any shellfish which have been removed or taken from a condemned area other than as provided in § 28.2-810. Any person who violates this section or any provision of this chapter is guilty of a Class 1 misdemeanor.

B. Upon conviction of violating any provision of this chapter any boat, vessel, motor vehicle or equipment used in committing the violation may be forfeited as provided by Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2.

Code 1950, § 28-165; 1962, c. 406, § 28.1-181; 1992, c. 836; 2012, cc. 283, 756.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-822. Suspension or revocation of licenses.
The Commissioner of Marine Resources may immediately suspend any licenses of any license holder who has committed more than one violation of this chapter. The suspension shall be effective until the day following the next meeting of the Commission to take place after ten days' notice to such person. The Commissioner, at the request of the person, shall, within forty-eight hours, provide an opportunity for him to show why the suspension is unjust, and for good cause shown the Commissioner shall vacate such suspension. No person whose license is suspended pursuant to this section shall engage in any fishery.

1989, c. 2, § 28.1-36.01; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-823. Certification of shellfish from outside the Commonwealth.
All shellfish in the shell imported or transported into Virginia for processing or consumption within the Commonwealth shall have a certificate from the appropriate agency of the state of origin that the shellfish came from clean, approved areas of water of that state. Shellfish which are not accompanied by such certificate are deemed to have come from polluted waters; shall not be sold or processed for consumption within Virginia; and shall be replanted in compliance with the provisions of this chapter, destroyed or returned to the state of origin.

1962, c. 406, § 28.1-182; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-824. Common carriers.
Common carriers transporting seafoods designated in this chapter shall carry a bill of lading listing the seafood cargo, the shipper and the consignee. If such cargo is in violation of any of the provisions of this chapter or regulations promulgated thereunder, it shall be taken possession of as provided in § 28.2-802, the shipper shall be held liable and the common carrier shall be relieved of the violations and penalties set forth in this chapter.

1962, c. 406, § 28.1-183.1; 1992, c. 836.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 8 (HEALTH AND SANITATION PROVISIONS)
§ 28.2-825. Importing fish, shellfish or crustacea for introduction into waters of the Commonwealth; penalty.
A. It shall be unlawful for any person to import any fish, shellfish or crustacea into the Commonwealth with the intent of placing such fish, shellfish or crustacea into the waters of the Commonwealth unless one of the following conditions exists:

1. The fish, shellfish or crustacea are coming from within the continental United States from a state or waters which are on the Marine Resources Commission's list of approved states and waters, and are species which are on the Marine Resources Commission's list of approved species; or

2. The person has notified the Commissioner of Marine Resources of such intent and has received written permission from the Commissioner of Marine Resources.

The list of approved states and waters shall be published by the Commissioner of Marine Resources, and a state or water shall be placed on or removed from such list only with the concurrence of the Director of the Virginia Institute of Marine Science. The Commissioner of Marine Resources, with the concurrence of the Director of the Virginia Institute of Marine Science, is authorized to change the list when he determines that it is necessary for the protection of the waters of the Commonwealth.

The list of approved species shall be published by the Commissioner of Marine Resources, and a species shall be placed on or removed from such list only with the concurrence of the Director of the Virginia Institute of Marine Science. The Commissioner of Marine Resources, with the concurrence of the Director of the Virginia Institute of Marine Science, is authorized to change the list when he determines that it is necessary for the protection of the waters of the Commonwealth.

B. The notification of intent to import shall be in writing and submitted to the Commissioner of Marine Resources at least thirty days prior to the date of importation. The notice shall state: (i) the specific fish, shellfish or crustacea to be imported, (ii) from what waters the fish, shellfish or crustacea are being taken, (iii) the period of time over which importation is to be accomplished, (iv) the quantities involved, and (v) into what waters the fish, shellfish or crustacea are to be placed.

A violation of this section is a Class 1 misdemeanor.

1974, c. 327, § 28.1-183.2; 1992, c. 836.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 9 (ENFORCEMENT OF SUBTITLE II; JURISDICTION)
§ 28.2-900. Arrest with or without warrant; larceny; violations of boating laws and Title 62.1.
A. Officers may, with or without warrant, (i) arrest any person violating any provision of this subtitle, (ii) seize any net, pot, or other fishing device or gear used in violating such laws and (iii) seize fish, shellfish or marine organisms taken or handled in violation of this subtitle. Each seized property shall be forfeited to the Commonwealth. The forfeiture shall be enforced as provided in Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2. The officer seizing the property to be forfeited shall immediately give notice to the attorney for the Commonwealth.

B. All officers may arrest, with or without a warrant, any person who commits in his presence (i) any larceny committed upon or adjacent to the waters of the Commonwealth, (ii) any violation of the provisions of Chapter 7 of Title 29.1, or any regulations promulgated thereunder, or (iii) any violation of the provisions of Chapter 18 (§ 62.1-187 et seq.) or 20 (§ 62.1-194 et seq.) of Title 62.1.

Code 1950, §§ 28-206, 28-208; 1962, c. 406, § 28.1-185; 1980, c. 567, § 28.1-185.1; 1981, c. 525; 1987, c. 84; 1992, c. 836; 2012, cc. 283, 756.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 9 (ENFORCEMENT OF SUBTITLE II; JURISDICTION)
§ 28.2-901. Summons issued instead of being taken into custody; failure to appear.
A. Whenever any person is detained by or is in the custody of an arresting officer for any violation of the laws enforceable pursuant to § 28.2-900, the arresting officer shall take the name and address of each person detained and issue a summons or otherwise notify him in writing to appear at a time and court to be specified in the summons or notice. When the person gives his written promise to appear at the designated time and place, the officer shall immediately release him from custody.

B. If the arresting officer (i) believes a detained person is likely to disregard a summons issued under the provisions of this section or (ii) reasonably believes a detained person is likely to harm himself or another, or if the person refuses to give his written promise to appear, the officer may take the offender, vessel and property into custody. The person shall be brought before the nearest or most accessible judicial officer or other person qualified to admit bail having jurisdiction.

C. The failure of any person to appear as required by a summons issued under the provisions of this section shall suspend all licenses issued to the person pursuant to this subtitle until such time as he appears to answer the charges against him. Failure to appear shall bar the issuance of any further license to the person until he appears.

1983, c. 591, § 28.1-185.2; 1992, c. 836.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 9 (ENFORCEMENT OF SUBTITLE II; JURISDICTION)
§ 28.2-902. Procedure after arrest and seizure.
Any person arrested may be (i) taken before a court of competent jurisdiction for trial, (ii) committed to jail pending trial, (iii) admitted to bail or released on recognizance as provided by general law, or (iv) issued a summons requiring him to appear for trial. The time specified in the summons shall not be less than five days from the date of arrest unless such person requests an earlier hearing. Any person failing to appear as directed in the summons shall be guilty of a Class 1 misdemeanor, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested. If the person fails to appear, a warrant for his arrest may be issued.

Any property seized under the provisions of subsection A of § 28.2-900 may be held by the officer or other official who made the seizure, pending final outcome of the legal proceedings.

Code 1950, § 28-209; 1950, p. 978; 1962, c. 406, § 28.1-186; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 9 (ENFORCEMENT OF SUBTITLE II; JURISDICTION)
§ 28.2-903. Violations constitute misdemeanor.
A violation of any provision of this subtitle or regulation promulgated thereunder, unless otherwise specifically provided, is a Class 3 misdemeanor. A second or subsequent violation of any provision of this subtitle or regulation promulgated thereunder committed by the same person within twelve months of a prior violation is a Class 1 misdemeanor.

1962, c. 406, § 28.1-187; 1989, c. 421; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 9 (ENFORCEMENT OF SUBTITLE II; JURISDICTION)
§ 28.2-903.1. Impeding lawful fishing in tidal waters; penalty.
A. It is unlawful for any person to willfully and intentionally impede the lawful fishing of any species of fish or shellfish. "Fishing" means those activities defined in § 28.2-100 as "fishing," "fisheries" or "to fish."

B. Notwithstanding any other provision of law, any person convicted of a violation of this section shall be guilty of a Class 3 misdemeanor.

1997, c. 703.
Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 9 (ENFORCEMENT OF SUBTITLE II; JURISDICTION)
§ 28.2-904. Pursuit and detention across the Maryland-Virginia line.
When, in the opinion of the legally constituted authorities of the Commonwealth, there has occurred on the waters of Virginia a violation of the laws of the Commonwealth enforceable pursuant to § 28.2-900, or when, in the opinion of the legally constituted authorities of Maryland, there has occurred on the waters of Maryland a violation of any provision of the Natural Resources Article, Annotated Code of Maryland, the offender may be pursued by the legally constituted authorities of the state where the offense was committed up to and across the Maryland-Virginia boundary into the state where the offender flees. If a capture is made in continuous pursuit, the offender, vessel and property shall be dealt with as authorized by the laws of the state where the offense was committed.

The provisions of this section shall be effective as long as the State of Maryland has in force similar provisions authorizing legally constituted authorities of Virginia to make pursuit and arrests in Maryland for violations of the laws of Virginia.

1983, c. 323, § 28.1-188.1; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 9 (ENFORCEMENT OF SUBTITLE II; JURISDICTION)
§ 28.2-905. Resistance to officer or authorized person, etc.; penalty.
Any person found guilty of resisting or impeding an officer or other person authorized to make arrests, seizures, examinations or other performances of duties under this subtitle, shall be guilty of a Class 1 misdemeanor.

Code 1950, § 28-215; 1962, c. 406, § 28.1-191; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 9 (ENFORCEMENT OF SUBTITLE II; JURISDICTION)
§ 28.2-906. Failure to perform duty; penalty.
The failure of any officer or other person to perform any duty required of him by any provision of this subtitle is a Class 1 misdemeanor.

Code 1950, § 28-216; 1962, c. 406, § 28.1-192; 1992, c. 836.

Code of Virginia — Title 28.2 (Fisheries and Habitat of the Tidal Waters), Chapter 9 (ENFORCEMENT OF SUBTITLE II; JURISDICTION)
§ 28.2-907. Jurisdiction of courts.
Any proceeding under any section of this subtitle shall be before a court of competent jurisdiction in the county or city (i) in which the offense was committed or (ii) adjacent to the waters in which the offense was committed.

Code 1950, § 28-218; 1962, c. 406, § 28.1-193; 1992, c. 836.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 1 (Administration of Wildlife Resources)
§ 29.1-100.1. Department of Game and Inland Fisheries continued as Department of Wildlife Resources.
The Department of Wildlife Resources, formerly known as the Department of Game and Inland Fisheries, is continued, and wherever "Department of Game and Inland Fisheries" is used in this Code, it shall mean the Department of Wildlife Resources. The Board of Wildlife Resources, formerly known as the Board of Game and Inland Fisheries, is continued, and wherever "Board of Game and Inland Fisheries" is used in this Code, it shall mean the Board of Wildlife Resources.

2020, c. 958.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 1 (Administration of Wildlife Resources)
§ 29.1-101. Game Protection Fund.
The amount received by the State Treasurer from the collection of admittance, parking, or other use fees, the sale of hunting, trapping and fishing licenses, revenue generated from the sales and use tax pursuant to subsection E of § 58.1-638, and such other items as may accrue to the Board shall be set aside and shall constitute the Game Protection Fund. The income and principal of this Fund, including any unexpended balance, shall be a separate fund in the state treasury and shall only be used for the payment of the salaries, allowances, wages, and expenses incident to carrying out the provisions of the hunting, trapping and inland fish laws and for no other purpose, except as provided in §§ 29.1-101.01, 29.1-701, subdivision B 1 of 58.1-344.3, and 58.1-1410.

Code 1950, § 29-20; 1979, c. 264; 1981, c. 204; 1987, c. 488; 1991, c. 70; 1998, c. 320; 2003, c. 562; 2005, cc. 860, 889.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 1 (Administration of Wildlife Resources)
§ 29.1-101.01. Capital Improvement Fund.
There is hereby created in the state treasury a special, nonreverting fund to be known as the Capital Improvement Fund, hereafter referred to as "the Fund." The Fund shall consist of those funds that may be so designated by the Board and any gifts, grants, and contributions from any person, foundation, or other legal entity. In addition, the Board may transfer to this Fund an amount equal to fifty percent or less of the revenue generated annually from the sales and use tax which has been deposited in the Game Protection Fund pursuant to subsection E of § 58.1-638. The income and principal in the Fund shall be used only for the purchase, construction, maintenance, or repair of capital assets of the Department.

The Fund shall be established on the books of the Comptroller. All moneys received shall be paid into the state treasury and credited to the Fund. Interest earned on the moneys in the Fund shall remain in the Fund and be credited to the Fund. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund, except as provided in subsection E of § 58.1-638.

1998, c. 320.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 1 (Administration of Wildlife Resources)
§ 29.1-101.1. Lifetime Hunting and Fishing Endowment Fund.
There is hereby established in the state treasury a special fund to be designated the "Lifetime Hunting and Fishing Endowment Fund." This fund shall consist of proceeds from the sale of lifetime hunting and fishing licenses as provided in § 29.1-302.1 and any gifts, grants and contributions which are specifically designated for inclusion in the Fund.

The income and principal of this Fund shall be used only for the purposes of administering the lifetime hunting and fishing license program and supporting the wildlife conservation programs of the Department.

The Board shall serve as trustee of the Fund and these funds shall be withdrawn and expended for the purposes stated in this section by order of the Board. The State Treasurer shall be custodian of the funds. No part of such Fund, either principal or interest earned thereon, shall revert to the general fund of the state treasury.

1987, c. 95, § 29-20.1; 2020, c. 958.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 1 (Administration of Wildlife Resources)
§ 29.1-101.2. Creation and management of Fund.
There is a permanent revolving fund known as the Virginia Fish Passage Grant and Revolving Loan Fund, hereinafter referred to as the Fund. The Fund shall be comprised of general fund moneys, receipts by the Fund from loans made by it, all income from the investment of moneys held by the Fund, and any other sums designated for deposit to the Fund from any source, public or private. The Fund shall be administered and managed by the Department and shall be used solely for the administration and management of the Fund and the Fish Passage Program. Moneys may be expended (i) as provided for in §§ 29.1-101.5 and 29.1-101.6 and (ii) for the costs incurred by the Department in the management of the Fund and operation of the Fish Passage Program.

1989, c. 5, § 10.1-1214; 1992, cc. 464, 887.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 1 (Administration of Wildlife Resources)
§ 29.1-101.3. Deposit of money.
All money belonging to the Fund shall be recorded on the books of the State Comptroller and deposited in an account or accounts in banks or trust companies organized under the laws of the Commonwealth or in national banking associations located in Virginia or in savings institutions located in Virginia organized under the laws of the Commonwealth or the United States. Money in the Fund not needed for immediate use or disbursement may be invested or reinvested by the State Treasurer in obligations or securities that are considered lawful investments for public funds under the laws of the Commonwealth.

1989, c. 5, § 10.1-1215; 1992, cc. 464, 887; 1996, c. 77.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 1 (Administration of Wildlife Resources)
§ 29.1-101.4. Collection of money due to the Fund.
The Department, or its designated agent, is empowered to collect amounts due to the Fund under any loan made by it including, where appropriate, taking action as required by § 15.2-2659 to obtain payment of any amounts in default. Proceedings to recover amounts due to the Fund may be instituted by the Department in the name of the Fund in any appropriate circuit court.

1989, c. 5, § 10.1-1216; 1992, cc. 464, 887.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 1 (Administration of Wildlife Resources)
§ 29.1-101.5. Grants and loans to local governments.
After consultation with the Commissioner of the Virginia Marine Resources Commission, the Department may offer to finance the construction of fishways for any local government which owns a dam or other artificial impediment to the free passage of anadromous fish. The Fund will pay for seventy-five percent of the entire cost of the fishway, and will lend the balance of the cost to the local government. The loan shall be repaid over ten years at no interest or over twenty years at an annual rate of interest which shall be two percentage points below the rate for municipal bonds given in the latest Bond Buyer Twenty Bond Index appearing before the loan is made. Any balance of a loan not paid off as required by this section shall be paid off as provided in § 29.1-101.4. The Department shall approve the design of the fishway prior to the making of any grant or loan from the Fund pursuant to this section.

All local governments borrowing money from the Fund are authorized to take any action, adopt any proceedings and make and carry out any contracts that are contemplated by this chapter. Such contracts need not be identical among all local governments, but may be structured as determined by the Department according to the needs of the contracting local governments and the Fund.

1989, c. 5, § 10.1-1217; 1992, cc. 464, 887.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 1 (Administration of Wildlife Resources)
§ 29.1-101.6. Loans to owners other than local governments.
After consultation with the Commissioner of the Virginia Marine Resources Commission, the Department may offer to finance the construction of fishways for an owner, other than a local government, who owns a dam or other artificial impediment to the free passage of anadromous fish. The term of such loan shall not exceed twenty years and the interest rate shall be the prime rate for major money center banks, as reported by the latest edition of The Wall Street Journal appearing before the loan is made if the total loan exceeds fifty percent of the estimated project cost; if the total loan does not exceed fifty percent of the estimated cost of the project, the interest rate shall not be less than three percentage points below such prime rate. The Department shall approve the design of the fishway prior to the making of any loan from the Fund pursuant to this section.

1989, c. 5, § 10.1-1218; 1992, cc. 464, 887.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 1 (Administration of Wildlife Resources)
§ 29.1-101.7. Security for loans.
Each loan to an owner other than a local government shall be evidenced by appropriate bonds or notes of the borrower payable to the Fund. The Department may require in connection with any loan to an owner other than a local government such documents, instruments, certificates, legal opinions, and other information as it deems necessary or convenient. The Department may require such borrower to provide the Fund a security interest in the borrower's real and personal property and to procure such insurance, guarantees, letters of credit and other forms of security as the Department deems necessary to provide remedies to the Fund in case of loss or default.

1989, c. 5, § 10.1-1219; 1992, cc. 464, 887.

Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 1 (Administration of Wildlife Resources)
§ 29.1-101.8. Grants and loans for dams licensed under or by the Federal Energy Regulatory Commission.
In the event that the Federal Energy Regulatory Commission issues a license for hydropower generation in connection with a dam that is the subject of a loan or grant from the Fund, that loan balance and all accrued interest and the full amount of the grant shall be due and payable one year from the date the federal license is issued or at the expiration of the term of the loan, whichever is earlier.

1989, c. 5, § 10.1-1220; 1992, cc. 464, 887.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 1 (Administration of Wildlife Resources)
§ 29.1-101.9. Requirement for fishways.
Notwithstanding any provision of § 29.1-532, including the existence or lack thereof of an exemption pursuant to § 29.1-532, the owner of every dam or other artificial impediment to the migration of anadromous fish in any tributary of the Chesapeake Bay, including that portion of the James River downstream from the City of Lynchburg, shall be responsible to provide appropriate fishways for anadromous fish as soon as reasonably possible after being offered financing from the Fund for the estimated construction cost of the fishways as provided in this article. Any owner of such a dam or other artificial impediment who fails to provide or to maintain fishways providing substantially free passage for anadromous fish may be compelled to provide such fishways by injunction in an action initiated by the Department in an appropriate circuit court. Nothing in this section shall relieve the owner of any dam or other object in a watercourse, which obstructs navigation or the passage of anadromous and other migratory fish, of any obligations or responsibilities under § 29.1-532.

1989, c. 5, § 10.1-1221; 1992, cc. 464, 887.
Code of Virginia — Title 29.1 (Wildlife, Inland Fisheries and Boating), Chapter 1 (Administration of Wildlife Resources)
§ 29.1-102. Board of Wildlife Resources; how constituted; meetings.
A. The Commission of Game and Inland Fisheries is continued and shall hereafter be known as the Board of Wildlife Resources (the Board).

B. The Board shall consist of 11 members. Each member of the Board shall be appointed by the Governor, subject to confirmation by the General Assembly. The members appointed shall be citizens of the Commonwealth and shall be knowledgeable about wildlife conservation, hunting, fishing, boating, agriculture, forestry, or habitat. Each Department region, as constituted on July 1, 2014, shall be represented by two members, and three members shall be members-at-large, each representing a different Department region. Members shall be appointed for terms of one to four years; however, appointments shall be made in a manner whereby no more than three members shall have terms which expire in the same year. An appointment to fill a vacancy shall be made in the same manner, but only for the unexpired term. No person shall be eligible to serve more than two consecutive four-year terms. Members may be removed from office during their respective terms by the Governor.

C. The Board shall adopt rules and procedures for the conduct of its business that shall be set forth in a Governance Manual. The Board may establish committees to assist it with its duties and responsibilities. All decisions by a committee shall be reviewed by the Board, and shall only take effect if approved by the Board.

D. The Board shall elect one of its members as its chairman whose duties shall be limited to (i) presiding at all regular and called meetings of the Board; (ii) serving as the Board liaison to the Director, other Board members, and the Secretary of Natural and Historic Resources; and (iii) the other duties set forth in the Governance Manual as approved by a majority of the Board. The Board shall also elect a vice-chairman to preside in the absence of the chairman. Any additional duties of the vice-chairman shall be set forth in the Governance Manual. The Board shall annually elect one of its members as chairman and one of its members as vice-chairman. At such annual election, the chairman and vice-chairman shall not be eligible to be re-elected to their respective positions and no person shall serve more than one year as chairman and one year as vice-chairman during a four-year term.

E. The Board shall meet at least once every quarter of the calendar year for the transaction of business, and other meetings may be called if necessary by the chairman or at the request of any three members. The majority of the members shall constitute a quorum. Meetings shall be held in Richmond or at such other places within the Commonwealth as may be necessary.

Code 1950, §§ 29-3, 29-4, 29-8, 29-17; 1952, c. 608; 1956, c. 447; 1975, c. 152; 1987, c. 488; 2006, cc. 69, 915; 2014, c. 592; 2020, c. 958; 2021, Sp. Sess. I, c. 401.