reglab/housing_qa huggingface dataset:
VA Code § 28.2-200 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-200. Definitions

As used in this subtitle, unless the context requires a different meaning:"Cultured hard-shell clams" means hard-shell clams (Mercenaria mercenaria) that have been spawned in a hatchery or controlled setting for the purpose of producing seed clams (juveniles), and planted on leased grounds, floating structures, or other privately controlled growing areas, and covered with netting or otherwise protected from predators until harvested."Haul seine" means a net made of mesh webbing which may include a pocket and a wing net, set vertically in water and pulled by hand or power to capture and confine fish by encirclement."James River seed area" means that area in the James River and its tributaries above a line drawn from Cooper's Creek in Isle of Wight County on the south side of the James River to a line in a northeasterly direction across the James River to the Newport News municipal water tank located on Warwick Boulevard between 59th Street and 60th Street in the City of Newport News."Mouth of the Rappahannock River" means the area beginning at Stingray Point, Middlesex County, at the United States Army Corps of Engineers survey station "Bird," an aluminum disk set in the top of a concrete monument, being located at coordinates 453,785.17 North, 2,638,116.66 East, 1927 North American Datum -- Virginia South Zone; thence 12 degrees 52' 35" (grid azimuth) 20,846.73 feet to a point on the Eastern side of Windmill Point, Lancaster County, designated as Virginia Marine Resources Commission survey station "Windmill," a one and one-half inch iron pipe driven flush with the ground, being located at coordinates 474,107.68 North, 2,642,762.29 East, 1927 North American Datum -- Virginia South Zone."Pound net" means any net having a funnel mouth, round mouth or square mouth with the head exposed above the water."Resident" means any person who maintains his principal place of abode in Virginia with the intent to make Virginia his domicile."Shoals" means subaqueous elevations covered by water less than four feet deep at mean low water.Code 1950, §§ 28-1, 28-46, 28-93, 28-93.1, 28-93.2, 28-112, 28-201.4; 1954, c. 38; 1958, cc. 182, 476; 1960, c. 517; 1962, c. 406, §§ 28.1-1, 28.1-51, 28.1-98, 28.1-148; 1966, c. 684; 1968, cc. 746, 747; 1972, c. 472; 1978, c. 208; 1980, c. 325; 1981, c. 52; 1986, c. 254; 1992, c. 836; 1994, c. 124; 2003, c. 604.
VA Code § 28.2-202 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-202. Commissioner; fishery powers

The Commissioner may:1. Investigate all matters affecting the seafood industry; and2. Provide for the development of programs designed to enhance and improve commercial and sport fisheries in Virginia's tidal waters.Code 1950, §§ 28-16, 28-23; 1962, c. 406, §§ 28.1-9, 28.1-16; 1973, c. 148; 1992, c. 836.
VA Code § 28.2-203 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-203. Commission to prepare fishery management plans; standards

The Commission shall prepare and implement fishery management plans so as to preserve the Commonwealth's exclusive right to manage the fisheries within its territorial jurisdiction.Any fishery management plan prepared, and any regulation promulgated to implement the plan, shall be consistent with the following standards for fishery conservation and management:1. Conservation and management measures shall prevent overfishing while achieving the optimum yield from each fishery. The "optimum yield" of a fishery means the amount of fish or shellfish which will provide the greatest overall benefit to the Commonwealth, with particular reference to commercial fishing for food production and to recreational fishing;2. Conservation and management measures shall be based upon the best scientific, economic, biological and sociological information available;3. To the extent practicable, an individual stock of fish shall be managed as a unit throughout the territorial waters of the Commonwealth, and interrelated stocks of fish shall be managed as a unit or in close coordination;4. Conservation and management measures shall not discriminate among user groups. If it becomes necessary to allocate or assign fishing privileges among various user groups, such allocation shall be (i) fair and equitable to all fishermen; (ii) reasonably calculated to promote conservation; and (iii) carried out in such manner that no person acquires an excessive share of such privileges;5. Conservation and management shall, where practicable, promote efficiency in the utilization of fishery resources, except that no such measure shall have economic allocation as its sole purpose;6. Conservation and management measures shall take into account variations among, and contingencies in, fisheries, fishery resources, and catches;7. Conservation and management measures shall, where practicable, minimize regulatory burdens which inhibit innovation, expansion, and normal business operations.1984, c. 463, § 28.1-23.1; 1992, c. 836.
VA Code § 28.2-203.1 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-203.1. Blue crab fishery management plan

A. The Commission shall prepare, in consultation with the Virginia Institute of Marine Science, other educational institutions and representatives of industry and interested parties, and then implement a blue crab fishery management plan. The plan shall build upon previously developed plans, including consideration of plans adopted by the multi-state Chesapeake Bay Program, and shall be consistent with the standards for fishery conservation and management set out in § 28.2-203. The plan shall be designed to reverse any fishing practices, environmental stress and habitat deterioration negatively impacting the short and long term viability and sustainability of the crab stock in Virginia waters. The Commission shall consider the economic impact to Virginia of proposed legislative and regulatory changes. The protection of spawning stock, nursery areas and habitat shall be of prime consideration in the plan. At a minimum the plan shall include, but not be limited to:1. Measures to protect and enhance crab habitat and nursery areas.2. Suggested measures to assure water quality conditions necessary for blue crab survival and reproduction, including identification of areas where water quality is such that onshore mechanisms for water quality protection are needed to protect and restore crab populations and habitat areas.3. A review of current and proposed regulations and restrictions relating to: (i) winter dredging; (ii) commercial licensing; (iii) spawning stock; (iv) nursing sanctuaries; (v) submerged aquatic vegetation; (vi) peeler and soft shell crabs; (vii) size limits; (viii) the use of cull rings and the use of crab pots; and (ix) time of day restrictions and closed seasons.4. Recommended legislative changes if necessary to implement the plan.B. The Commission shall, on or before December 1 of each year, report to the Governor and the General Assembly on the progress and implementation of the blue crab fisheries management plan.1995, c. 356.
VA Code § 28.2-204 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-204. Authority to collect fisheries statistics

A. The Commission may collect from any source any fisheries data and information necessary to develop fishery management plans and to evaluate management options. This information shall include, but not be limited to:1. Statistics for catch and fishing efforts by species from commercial and recreational fishermen;2. Statistics from fish processors and dealers;3. Types of gear and equipment used;4. Areas in which fishing has been conducted;5. Landing places; and6. The estimated capacity of fish processing facilities and the actual amount of fish processed at these facilities.B. The Commission may enter into cooperative agreements with any other entity for the collection of statistics.C. The information collected or reported shall not be disclosed in any manner which would permit identification of any person, firm, corporation or vessel, except when required by court order. The Commission may prescribe the form and manner in which this information is reported.1986, c. 273, § 28.1-23.2; 1992, c. 836.
VA Code § 28.2-204.1 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-204.1. Limited sale of gear licenses and permits; regulations

A. The Commission may limit the number of gear licenses or permits to fish, except those licenses issued pursuant to subdivisions 1 and 2 of § 28.2-402, issued for use in a specific fishery. The Commission may, despite any such limits, issue such gear licenses or permits to fish to any person who has resided for at least five years on an island in the Commonwealth that is at least three miles from the mainland.B. The Commission is authorized to promulgate regulations to carry out the provisions of this section. In determining whether to limit the sale of gear licenses or permits to fish, and determining who receives licenses, the Commission shall consider all factors relevant to the Commonwealth's fishery management policy, including but not limited to:1. Economic and social consequences;2. Food production;3. Dependence on the fishery by licensees;4. Efficiency of gear used in the fishery;5. Impact on species and fisheries; and6. Abundance of the resource.1992, cc. 492, 504; 1998, c. 114; 2013, cc. 59, 760.
VA Code § 28.2-205 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-205. Scientific collection permits; penalty

A. Except as provided for in § 28.2-1101, it is unlawful for any person to remove from the waters of the Commonwealth under the jurisdiction of the Commission any marine fish, marine shellfish, or marine organisms for technical research, scientific, educational or museum purposes without having first obtained from the Commissioner a collection permit.A violation of this subsection is a Class 3 misdemeanor.B. Application for a permit shall be made in writing to the Commissioner. There shall be no charge for a permit, and the permit shall not be transferable. The issuance of the permit shall be governed by applicable Commission regulations and shall be subject to any reasonable terms and conditions imposed by the Commissioner. The Commissioner may, with the approval of the Commission, require an applicant for such permit to submit to the Commissioner any data or results acquired through the use of the permit.C. Any person who has been issued a scientific collection permit shall be exempt from any licensing provision of this subtitle relating to the taking or catching of fish, shellfish, or marine organisms.1977, c. 33, § 28.1-3.1; 1992, c. 836.
VA Code § 28.2-206 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-206. Virginia Saltwater Sport Fishing Tournament

The Commission shall promote and develop the Commonwealth's saltwater angling resources for their recreational and economic benefits. These efforts shall include, but not be limited to, a subprogram, the Virginia Saltwater Sport Fishing Tournament, which shall:1. Publicize and document the quantity, quality, and variety of the Commonwealth's saltwater angling resources; and2. Establish a system for securing and maintaining records of the largest of each marine game fish commonly taken in the Commonwealth's marine waters by anglers. When possible, fish caught or taken in the tournament shall be released alive.1990, c. 364, § 28.1-22.1; 1992, c. 836.
VA Code § 28.2-207 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-207. Tournament Advisory Committee continued

A. The Virginia Saltwater Sport Fishing Tournament Advisory Committee is continued and shall hereinafter be known as the Committee. The Committee shall assist the Director of the Virginia Saltwater Sport Fishing Tournament, hereinafter referred to as the Director, with the development and operation of tournament programs.B. The Committee shall consist of 12 members appointed by the Commissioner with the approval of the Secretary of Natural and Historic Resources. Committee members shall be selected from a list of nominees supplied by the Director.C. The term of office of each member shall be for four years. Initially, four members shall be appointed for two years, four members appointed for three years, and four members appointed for four years. Appointments to fill vacancies shall be made to fill the unexpired term.D. Members shall receive no compensation for their services but shall receive reimbursement for actual expenses. The Committee shall meet at the call of the Director.1990, c. 364, § 28.1-22.2; 1992, c. 836; 2021, Sp. Sess. I, c. 401.
VA Code § 28.2-208 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-208. Marine Fishing Improvement Fund continued

There is hereby continued a special, nonreverting fund in the state treasury to be known as the Marine Fishing Improvement Fund, hereinafter referred to as the Fund. The Fund shall consist of (i) that portion of the nonresident harvester's license fees which have not been allocated to the Virginia Marine Products Fund as provided for in § 28.2-227, (ii) fees collected from the registration of commercial fishermen under § 28.2-241, and (iii) fees collected from the sale of seafood landing licenses under § 28.2-228.1. The Fund shall be administered by the Commission and used solely for (i) managing and improving marine fisheries, (ii) seafood product promotion and development services, (iii) mandatory reporting and stock assessment, (iv) education of commercial fishermen, (v) conservation and management strategies identified by the General Assembly and the Commission, (vi) public information pamphlets and summaries of rules issued with gear licenses, and (vii) retaining commercial fishermen to engage in replenishment, research, and stock assessment activities.1991, c. 411, § 28.1-47.2; 1992, c. 836; 1993, c. 10; 1994, c. 541; 1996, c. 214.
VA Code § 28.2-208.1 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-208.1. Commercial Fishing Advisory Board established

A. There is hereby established the Commercial Fishing Advisory Board, which shall hereinafter be known as the Board. The Board shall advise the Commission on the expenditure of those moneys received.B. The Board shall consist of nine members appointed by the Commissioner from a list of nominees submitted by organizations representing commercial fishing interests. The membership shall be representative of the geographic area covered by the commercial fishing license.C. The term of each member shall be for three years, provided that initial appointments shall be three members appointed for three years, three members appointed for two years and three members appointed for one year. Appointments to fill vacancies shall be made to fill the unexpired terms.D. Members shall receive no compensation for their services but shall receive reimbursement for actual expenses. The Board shall meet at the call of the Commissioner or at least four times yearly.1993, c. 10.
VA Code § 28.2-208.2 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-208.2. Menhaden Management Advisory Committee established

The Commissioner shall establish a Menhaden Management Advisory Committee (the Committee) to provide guidance to the Commission on the sustainable management of the menhaden resource and harvest of the bait and reduction fisheries in the waters of the Commonwealth, including the Chesapeake Bay. The Committee shall consist of not more than 12 nonlegislative citizen members who shall be residents of the Commonwealth with knowledge of the menhaden resource, to be appointed by the Commissioner, including one representative of the menhaden reduction fishery, one representative of the menhaden bait fishery, one representative of a labor organization involved in the menhaden fishery, one recreational angler, one member of a Virginia-based conservation organization, one representative of the sportfishing industry, and the Virginia appointee to the Atlantic Menhaden Technical Committee of the Atlantic States Marine Fisheries Commission.2020, cc. 201, 356.
VA Code § 28.2-209 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-209. Publication of proposed regulations

No regulation of general application shall be promulgated until the express terms or a summary including a statement of purpose and substance of the proposed regulation has been published by and at the expense of the agency at least once in daily papers published and having general circulation in Richmond, Norfolk, and Newport News. If the regulation has only local application, a similar notice shall be published in daily or weekly papers, whichever have greater circulation in the locality in which the regulation applies. A copy of every regulation shall be filed in the office of the Commission and open to public inspection. Such publication and filing shall be not less than fifteen days prior to the day on which the public hearing is scheduled. The published notice shall state the time, place, and nature of the hearing.1962, c. 406, § 28.1-24; 1984, c. 187; 1988, c. 364; 1992, c. 836; 2001, c. 599.
VA Code § 28.2-210 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-210. Adoption of emergency regulations

If, in an emergency, the adoption of a regulation is necessary for the immediate preservation of the public peace, health, safety, and welfare, or the protection of the seafood industry, natural resources or marine organisms, the Commission may promulgate the necessary regulation. The regulation shall be published and filed as prescribed in § 28.2-209. No regulation adopted as an emergency regulation shall remain in effect longer than thirty days unless a public hearing is held as required in § 28.2-211 after being advertised as prescribed in § 28.2-209.1962, c. 406, § 28.1-25; 1992, c. 836.
VA Code § 28.2-211 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-211. Hearing on proposed regulations

A public hearing shall be held by the agency at the time and place designated in the notice prescribed in § 28.2-209. An opportunity shall be afforded all interested persons to be heard and to submit objections, amendments, evidence and arguments.1962, c. 406, § 28.1-26; 1992, c. 836.
VA Code § 28.2-212 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-212. Adoption of regulations

A regulation may be adopted in the form in which it was filed or as amended at the public hearing, provided the amendments do not alter the primary purpose of the regulation.1962, c. 406, § 28.1-26; 1992, c. 836.
VA Code § 28.2-213 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-213. Distribution of new regulations

A copy of any regulation of general application adopted by the Commission shall be sent to the Registrar of Regulations, the clerks of the circuit courts of all counties and cities in Tidewater Virginia, and to all Commission officers.1962, c. 406, § 28.1-27; 1984, c. 187; 1992, c. 836.
VA Code § 28.2-214 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-214. Right of petition to Commission

Any interested person may petition the Commission requesting the promulgation, amendment or repeal of any regulation.1962, c. 406, § 28.1-28; 1992, c. 836.
VA Code § 28.2-215 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-215. Judicial review of validity of regulations

Judicial review of any regulation shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).1962, c. 406; 1986, c. 615, § 28.1-29; 1992, c. 836.
VA Code § 28.2-216 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-216. Hearings before Commission

A. Any person whose rights, duties, or privileges, including matters relating to licenses, shellfish planting grounds, or fishing stands, have been or may be affected by any action or inaction of the Commission or Commissioner without a formal hearing may demand in writing a formal hearing of his complaint. The Commission shall hold a hearing on the complaint as soon as practicable. All known interested parties shall be afforded an opportunity to be heard before the Commission. All persons who have noted their interest with the Commission shall be informed of the hearing by first class mail at least five days prior to the scheduled date of the hearing. The notice shall indicate the time and place of the hearing and the issues involved. All parties shall have the opportunity to present evidence and argument. The proponents for any regulation or matter shall be heard first, then the opponents. The Commissioner, if present, or any member of the Commission, in his absence, shall preside over the hearing. The rules of evidence shall apply insofar as possible.Depositions may be taken and read as in actions at law.B. The Commission or Commissioner shall have power to issue subpoenas and subpoenae duces tecum and, at the request of any party, shall issue such subpoena. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the Commission in the manner prescribed in § 2.2-4022.1962, c. 406, § 28.1-30; 1992, c. 836.
VA Code § 28.2-217 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-217. Procedure of hearing

Every party shall have the right to cross-examine adverse witnesses including employees of the Commission and to submit rebuttal evidence.The decision of the Commission shall be based only on evidence received at the hearing and matters of which a court of record could take judicial notice.Any party may, at his own expense, have a stenographic report made of the hearing. A copy of the report shall be made available to the Commission, if it so requests, at cost to the Commission.1962, c. 406, § 28.1-31; 1992, c. 836.
VA Code § 28.2-218 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-218. Finding, award, etc., of Commission

In all contested matters, the finding, award, action or judgment of the Commission shall be in writing and copies sent to the parties appearing at the hearing.1962, c. 406, § 28.1-32; 1992, c. 836.
VA Code § 28.2-219 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-219. Judicial review in contested cases

Any person aggrieved by a final decision in a contested case is entitled to judicial review in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).1962, c. 406, § 28.1-33; 1986, c. 615; 1992, c. 836.
VA Code § 28.2-220 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-220. Appeals to Court of Appeals

An appeal of the final decision of the circuit court may be taken to the Court of Appeals.1962, c. 406, § 28.1-34; 1984, c. 703; 1992, c. 836.