reglab/housing_qa huggingface dataset:
VA Code § 28.2-303 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-303. Taking and sale of sturgeon prohibited; penalty

Except as otherwise provided by regulation, it shall be unlawful for any person to take, catch or possess any sturgeon. Any sturgeon caught by any person shall be immediately returned to the water.It shall be unlawful for any dealer or wholesaler of fish for human consumption to buy from others or to otherwise possess for purposes of resale any sturgeon.A violation of this section is a Class 1 misdemeanor.1970, c. 629, § 28.1-49.1; 1981, c. 579; 1984, c. 13; 1985, cc. 546, 615; 1992, c. 836.
VA Code § 28.2-305 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-305. Size of mesh and length and depth of certain nets; penalty

A. It is unlawful for any person to use the following nets:1. A pound net or a mullet gill net that is less than 200 yards long having a smaller mesh than two inches, stretched measure, after having been tarred;2. A haul seine longer than 1,000 yards and if over 200 yards long having mesh less than three inches, stretched measure; however, the mesh of up to 400 feet of the net shall be no less than two and one-half inches, stretched measure, when the haul seine is set from the beach whereby one end of the net is anchored to the shore and the other end is mechanically drawn, without the aid of a boat or vessel, to the shore; or3. A mullet gill net deeper than 40 meshes.B. It is unlawful to set a pound net or other fixed fishing device on an established and presently used haul seine area, except that this provision shall not affect a pound net stand presently licensed.C. A violation of this section is a Class 3 misdemeanor.Code 1950, § 28-46; 1962, c. 406, § 28.1-51; 1992, c. 836; 2012, c. 228.
VA Code § 28.2-306 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-306. Use of certain fishing devices in certain waters; penalty

It is unlawful for any person to use any snatch hook, grab hook or gang hook for the purpose of taking or catching fish in the Rappahannock River below the Downing Bridge at Tappahannock between January 1 and March 15. Nothing in this section shall apply to any licensed fixed fishing device.A violation of this section is a Class 3 misdemeanor.1968, c. 748, § 28.1-51.1; 1976, c. 200; 1982, c. 632; 1992, c. 836.
VA Code § 28.2-307 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-307. Length of fixed fishing device; gill nets; penalty

A. It is unlawful for any person to use a single fixed fishing device having a total length greater than 1,200 feet. Clear and unobstructed intervals of at least 200 feet shall be maintained between successive fishing structures in the same row, and adjoining rows of fishing structures shall be at least 300 yards apart. In addition, a clear passageway at least 200 feet wide shall be maintained, reaching from all regular navigable channels to all established boat landings. All stakes shall project not less than four feet above the surface of the water at all stages of the tide. Any stake not complying with this condition shall be removed by the licensee.B. The Commission shall, by regulation, establish the minimum distance between any net and the side or end of any fixed fishing device.C. A violation of any provision of this section or any regulation adopted pursuant to subsection B is a Class 3 misdemeanor.Code 1950, § 28-46.1; 1954, c. 215; 1962, c. 406, § 28.1-52; 1964, c. 393; 1974, c. 97; 1990, c. 494; 1992, c. 836; 2009, c. 28.
VA Code § 28.2-308 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-308. Setting of gill nets in oceanfront; penalty

From the Friday immediately preceding Memorial Day through September 15 of each year, gill net operators along the southern oceanfront boundary of the United States Dam Neck Military Base south to the North Carolina border shall maintain unimpeded breaks of 500 feet between adjacent rows of nets. Gaps between such gill nets in the same row shall occur no less than every 2,000 feet. These gill nets shall be set at a minimum of 400 feet seaward from the mean high-water mark.A violation of this section is a Class 3 misdemeanor.Code 1950, § 28-46.1; 1954, c. 215; 1962, c. 406, § 28.1-52; 1964, c. 393; 1974, c. 97; 1990, c. 494; 1992, c. 836.
VA Code § 28.2-309 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-309. Distance nets may extend across body of water or channel; prohibition; regulations; penalty

A. It is unlawful to set or fish any net or nets across any river, bay, estuary, creek, or inlet which are longer than one-fourth the width of the body of water from mean low water to mean low water at the point where the net or nets are set or fished.B. It is unlawful to set or fish any net, other than a menhaden net, in any portion of a marked channel of a river, bay, estuary, creek, or inlet which has navigation aids installed or approved by any agency of government. However, the prohibitions and restrictions on setting nets contained in this subsection shall not apply to any net set on the eastern or ocean side of the Counties of Accomack and Northampton. The Commission shall have the authority to promulgate regulations governing the setting of any net on the eastern or ocean side of the Counties of Accomack and Northampton.C. It shall be unlawful to set or fish any net which is a hazard to navigation.D. Any person who violates the provisions of this section is guilty of a Class 3 misdemeanor.Code 1950, § 28-47; 1950, p. 981; 1962, c. 406, § 28.1-53; 1968, c. 748; 1990, c. 212; 1991, c. 683; 1992, c. 836.
VA Code § 28.2-310 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-310. Trotline prohibited on ocean side of Eastern Shore; penalty

It shall be unlawful to set a fish trotline on the ocean side of the Counties of Accomack and Northampton. The Commission officers may seize any fish trotline set in such an area.A violation of this section is a Class 3 misdemeanor.Code 1950, § 28-43; 1960, c. 517; 1962, c. 406, § 28.1-48; 1966, c. 684; 1968, c. 748; 1972, c. 833; 1973, c. 21; 1976, c. 392; 1979, c. 274; 1981, c. 61; 1983, c. 307; 1990, c. 445; 1992, c. 836.
VA Code § 28.2-311 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-311. Chickahominy River in Charles City; penalty

It is unlawful for any person to take or catch fish, shellfish, or marine organisms, on or within 500 yards below the Chickahominy Dam at Walker's, on the Chickahominy River, other than with rod and line or hand line.A violation of this section is a Class 3 misdemeanor.Code 1950, § 28-88.4; 1950, p. 471; 1956, c. 325; 1962, c. 406, § 28.1-80; 1992, c. 836.
VA Code § 28.2-312 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-312. Rappahannock River and certain of its tributaries; penalty

It is unlawful for any person to use any haul seine (i) within 100 yards of mean low-water mark or 3 feet of water in depth at mean low water, whichever is closer to the shore, or (ii) over any oyster ground held under lease from the Commonwealth and marked as required by law in the waters of the Rappahannock River east of Downing Bridge at Tappahannock, and in its tributaries east of Downing Bridge. The restriction set forth in clause (i) shall be inapplicable where the written consent of the adjacent landowner has been obtained.A violation of this section is a Class 3 misdemeanor.Code 1950, § 28-89; 1962, c. 406, § 28.1-81; 1992, c. 836.
VA Code § 28.2-313 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-313. Killing fish by means of explosives, drugs, or poisons; possession; penalty

A. It is unlawful to capture or kill any fish, shellfish, or marine organisms by means of explosives, drugs, or poisons in any waters of the Commonwealth or in any waters under its jurisdiction.B. It is unlawful to possess, sell, or offer to sell, within the Commonwealth, any fish, shellfish, or marine organisms killed or captured by means of explosives, drugs, or poisons, whether killed or captured within or without the jurisdiction of Virginia.A violation of this section is a Class 3 misdemeanor.Code 1950, §§ 28-53, 28-54; 1962, c. 406, §§ 28.1-55, 28.1-56; 1992, c. 836.
VA Code § 28.2-314 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-314. Trawl nets and drag nets prohibited; sale of fish; penalty

Except as may be provided in § 28.2-315, it is unlawful for any person (i) to take or catch fish, shellfish, or marine organisms with a trawl net, drag net, or similar device drawn through the waters by a vessel, boat, or other craft or (ii) to buy, sell, or offer for sale any fish taken or caught in the waters of the Commonwealth, or under the jurisdiction of the Commonwealth, with a trawl net, drag net, or similar device.A violation of this section is a Class 1 misdemeanor.Code 1950, § 28-68; 1962, c. 406, § 28.1-67; 1973, c. 119; 1979, c. 18; 1992, c. 836.
VA Code § 28.2-315 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-315. Fishing with trawl net within three-mile limit; license fee

A. It is unlawful to catch fish, shellfish, or marine organisms within the three-mile limit of the Virginia Atlantic shoreline with trawl nets or similar devices. However, the Commission may issue licenses to trawl within the three-mile limit from Cape Charles north to the Maryland line, except during September and October and from 36° 40' north latitude south to the North Carolina line at any time, and from Cape Henry south to 36° 40' north latitude between October 1 and May 1.B. The Commission, to protect or promote the fisheries, may close and open the area, or any part thereof, described in subsection A to trawling or restrict the manner, method, size, and season of catch.C. The license fee to fish with a trawl net or similar device in the area described in subsection A shall be $100 or as subsequently revised by the Commission pursuant to § 28.2-201 for each boat so employed.Code 1950, § 28-71; 1960, c. 517; 1962, c. 406, § 28.1-70; 1974, c. 85; 1979, c. 18, § 28.1-69.1; 1979, c. 274; 1981, c. 52; 1983, c. 307; 1992, c. 836; 2009, c. 9.
VA Code § 28.2-316 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-316. Trawling boat not granted license for other fishing device; penalty

It is unlawful for any vessel, boat or other craft equipped for trawling and having a trawl net on board to be licensed for any other net or fishing device.A violation of this section is a Class 1 misdemeanor.Code 1950, § 28-69; 1962, c. 406, § 28.1-68; 1992, c. 836.
VA Code § 28.2-317 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-317. Prima facie evidence of violation; penalty

Any vessel, boat, or other craft found in the waters of the Commonwealth, or in the waters under the joint jurisdiction of the Commonwealth, equipped for trawling and having a trawling net, drag net, or a similar device aboard with fresh or live fish on deck or in any portion of such vessel, boat or craft shall constitute prima facie evidence that the operator and master and members of the crew are guilty of trawling.Code 1950, § 28-72; 1962, c. 406, § 28.1-71; 1992, c. 836.
VA Code § 28.2-318 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-318. Exemption for certain trawling activity

Nothing in this article shall prohibit (i) the use of trawl nets to catch fish outside the territorial limits of Virginia or (ii) the transport of such fish into Virginia ports for sale.Code 1950, § 28-75; 1962, c. 406, § 28.1-72; 1992, c. 836.
VA Code § 28.2-319 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 3 - Finfish|§ 28.2-319. Forfeiture of fishing gear, etc.

Any net, pot, or other fishing device or gear used in violation of any of the provisions of this article shall be seized and 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 or other person seizing the property shall immediately give notice to the attorney for the Commonwealth.Code 1950, § 28-75; 1962, c. 406, § 28.1-72.1; 1981, c. 525; 1992, c. 836; 2012, cc. 283, 756.
VA Code § 28.2-400 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 4 - Use of Purse Nets for Taking Menhaden|§ 28.2-400. Application for license for resident or nonresident to catch menhaden

A. Any nonresident owning or holding by lease or charter a purse net, seine, or vessel of any description used in the waters of this Commonwealth, or waters within the jurisdiction of this Commonwealth, to catch menhaden shall apply to the Commissioner for a license. A resident shall apply for a license to the Commissioner through the officer assigned to the district in which the fish processing factory is located, or in which the applicant resides or has its principal office.B. If the applicant for a license is a corporation, the application shall be made by an officer or one of the directors of the corporation; if the applicant is a partnership, the application shall be made by a general partner; if the applicant is a joint venture or other firm, by a member thereof; and if the applicant is an individual, by such individual.C. The application shall be in writing and sworn to by the applicant before a notary public or other person authorized to administer oaths and shall disclose:1. The true name of the person, firm, or corporation owning the purse net, seine, or vessel, and all the related apparatus, and the true name of any persons, firms, or corporations holding the same by lease or charter, for which the license is desired; if it is a firm, the true names of all the members of the firm; and, if it is a corporation, whether it is a domestic or foreign corporation and the location of its principal office.2. The name of each vessel for which such a license is desired.3. The location of the factory which is to process the menhaden so taken and caught.4. That, during the period of this license, the applicant will not violate any of the laws of the Commonwealth in regard to the taking and catching of fish.Code 1950, § 28-63; 1962, c. 406, § 28.1-61; 1966, c. 684; 1978, c. 347; 1992, c. 836.
VA Code § 28.2-400.1 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 4 - Use of Purse Nets for Taking Menhaden|§ 28.2-400.1. Criteria for qualifying for a limited entry purse seine menhaden bait license

A. The Commission shall establish and administer a limited entry purse seine menhaden bait license that meets the requirements of this section.B. In order to qualify for a limited entry purse seine menhaden bait license, an applicant shall have held a purse seine license, as established in § 28.2-402, in 2011 and shall have landed menhaden in the Commonwealth in each of the years 2009, 2010, and 2011. Such person shall also have used purse seine gear to harvest menhaden in at least one of those three years. Proof of landings and gear usage shall be in the form of receipts, landing reports, or other verifiable documents as designated by the Commission.2013, cc. 59, 760.
VA Code § 28.2-401 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 4 - Use of Purse Nets for Taking Menhaden|§ 28.2-401. Service of process for nonresident individuals, foreign corporations, general and limited partnerships

A. A nonresident applicant who is an individual shall by written power of attorney appoint the Secretary of the Commonwealth his agent, upon whom shall be served all lawful process against or notice to such licensee, and who shall be authorized to enter an appearance in his behalf. The service shall only be made in duplicate upon the Secretary of the Commonwealth. The power of attorney shall be filed with the Secretary of the Commonwealth, and copies certified by him shall be received as evidence in all the courts of this Commonwealth. No judgment shall be entered against the licensee until after the process has been served for at least ten days.Whenever lawful process against, or notice to, any such individual is served, the Secretary of the Commonwealth shall immediately mail a copy of such process or notice to such individual. The Secretary of the Commonwealth shall collect the fee prescribed in § 2.2-409 for the service of process or notice, which shall be paid by the plaintiff at the time of such service. The costs shall be recoverable by the plaintiff as a part of the taxable costs if he prevails in the suit or action.A judgment, decree or order of the court entered or made against any such individual shall be as valid and binding on such individual as if he had been a resident and served with process or notice.B. The service of process on (i) a nonresident firm or corporation shall be as provided in § 13.1-766, (ii) a general partnership shall be as provided in § 8.01-304 and (iii) a limited partnership shall be as provided in § 50-73.7.Code 1950, § 28-62; 1962, c. 406, § 28.1-60; 1976, c. 384; 1978, c. 347; 1992, c. 836.
VA Code § 28.2-402 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 4 - Use of Purse Nets for Taking Menhaden|§ 28.2-402. License fee to take menhaden with purse nets

Any person desiring to take or catch menhaden with purse nets shall pay to the officer or agent a license fee as follows or as subsequently revised by the Commission pursuant to § 28.2-201:1. On each boat or vessel under 70 gross tons fishing for the purse seine menhaden reduction sector, $249.2. On each vessel 70 gross tons or over fishing for the purse seine menhaden reduction sector, $996.3. On each boat or vessel under 70 gross tons fishing for the purse seine menhaden bait sector, $249.4. On each vessel 70 gross tons or over fishing for the purse seine menhaden bait sector, $996.Any person purchasing more than one of these licenses for the same vessel shall pay a fee equal to that for a single license.Code 1950, § 28-61; 1960, c. 517; 1962, c. 406, § 28.1-59; 1966, c. 695; 1974, c. 313; 1978, cc. 347, 358; 1979, c. 274; 1980, c. 605; 1982, c. 461; 1988, c. 710; 1992, c. 836; 2009, c. 9; 2013, cc. 59, 760; 2014, cc. 104, 133.
VA Code § 28.2-403 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 4 - Use of Purse Nets for Taking Menhaden|§ 28.2-403. Action of Commissioner on such application; transfer of license of disabled vessel; delegation of authority; appeals

A. If the Commissioner is satisfied that the disclosures required by § 28.2-400 have been made and that the application conforms in other respects to the provisions of that section or to § 28.2-400.1, and upon payment of the license fee specified in § 28.2-402, the Commissioner, or the officer through whom or in whose district the application was made, shall issue to the applicant a license for each of the purse seines, vessels, or other watercraft specified in the application. The license shall state the name of the licensee and the name of the vessel or other watercraft licensed.If any vessel or other watercraft so licensed becomes disabled during the period of such license, the licensee may, with the consent of the Commissioner, hire or charter a vessel or other craft belonging to a nonresident to replace the disabled one for the unexpired period of such license. In such a case, the officer shall transfer the license issued for the disabled vessel or other craft to the one so hired or chartered without requiring any additional license.B. The Commissioner may delegate to the officers his authority under this section. However, any person aggrieved by any action of an officer exercising such delegated authority shall have the right to appeal to the Commissioner for a review and correction of the actions of the officer. The appeal may be made by mailing a statement of the officer's action, together with the appellant's objections and the grounds for his objections, to the Commissioner. Upon receipt of such appeal, the Commissioner shall immediately notify the officer involved, who shall, within three days, deliver to the Commissioner all papers in his possession concerning the subject matter of the appeal, together with a written statement of and reasons for his actions. The Commissioner shall issue his ruling granting, transferring, refusing, or refusing to transfer the license within ten days after receipt by him of the appeal.Code 1950, §§ 28-64, 28-65; 1962, c. 406, § 28.1-62; 1992, c. 836; 2013, cc. 59, 760.
VA Code § 28.2-404 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 4 - Use of Purse Nets for Taking Menhaden|§ 28.2-404. Appeals from actions of Commissioner

Any person aggrieved by any action of the Commissioner taken under the provisions of § 28.2-403 shall have the right to petition the circuit court of the county or city in which the factory where the fish were to be processed is located, or in which the applicant resides or has his principal office, for a review and correction of the ruling of the Commissioner as provided in Article 3 (§ 28.2-216 et seq.) of Chapter 2 of this subtitle.Code 1950, § 28-64; 1962, c. 406, § 28.1-63; 1992, c. 836.
VA Code § 28.2-405 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 4 - Use of Purse Nets for Taking Menhaden|§ 28.2-405. Carrying patent tongs, etc., while fishing for menhaden; penalty

It shall be unlawful for any captain or owner to carry or permit to be carried aboard his vessel, when fishing for menhaden, any scrape, dredge, or patent tongs.A violation of this section is a Class 1 misdemeanor.Code 1950, § 28-49; 1962, c. 406, § 28.1-54; 1992, c. 836.
VA Code § 28.2-406 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 4 - Use of Purse Nets for Taking Menhaden|§ 28.2-406. Reserved

Reserved.
VA Code § 28.2-407 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 4 - Use of Purse Nets for Taking Menhaden|§ 28.2-407. Forfeiture of fishing gear

Any net, pot, or other fishing device or gear used in violation of any of the provisions of this article shall be seized and 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 or other person seizing the property shall immediately give notice to the attorney for the Commonwealth.Code 1950, § 28-66; 1962, c. 406, § 28.1-64; 1981, c. 525; 1992, c. 836; 2012, cc. 283, 756.