reglab/housing_qa huggingface dataset:
VA Code § 28.2-221 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-221. Proof of posting of notices

The return by any Commission employee as to the posting of any notices required under this subtitle or affecting any regulation shall be conclusive evidence of proper posting.1962, c. 406, § 28.1-35; 1992, c. 836.
VA Code § 28.2-222 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-222. Districts

The Commission shall divide and periodically redistrict the territory over which it has jurisdiction into the smallest number of districts commensurate with the efficient enforcement of the Virginia fish and shellfish laws.Code 1950, § 28-33; 1962, c. 406, § 28.1-37; 1992, c. 836.
VA Code § 28.2-223 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-223. Appointment of officers

The Commissioner shall assign at least one officer to each district.Code 1950, § 28-34; 1962, c. 406, § 28.1-39; 1992, c. 836.
VA Code § 28.2-224 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-224. Collection of license fees

The Commissioner may designate an officer assigned to a district or authorized agents in the districts to sell licenses, as circumstances require. Such persons shall be bonded in a sum that will protect the Commission from any loss.Code 1950, § 28-38; 1952, c. 649; 1962, c. 406, § 28.1-43; 1992, c. 836.
VA Code § 28.2-225 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-225. Fishing license required; penalty

It shall be unlawful to fish in the tidal waters of the Commonwealth or those waters under the joint jurisdiction of the Commonwealth without first obtaining the required license, subject to the exemptions set out in § 28.2-226.Any person who violates this section is guilty of a Class 1 misdemeanor.Code 1950, §§ 28-42, 28-43, 28-61, 28-66; 1960, c. 517; 1962, c. 406, §§ 28.1-47, 28.1-48, 28.1-59, 28.1-64; 1966, cc. 684, 695; 1968, c. 748; 1972, c. 833; 1973, c. 21; 1974, c. 313; 1976, c. 392; 1978, cc. 347, 358; 1979, c. 274; 1980, c. 605; 1981, cc. 61, 525; 1982, c. 461; 1983, c. 307; 1988, c. 710; 1990, c. 445; 1992, cc. 493, 503, 836, 895.
VA Code § 28.2-226 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-226. Exemptions from licensing requirements

The following activities are exempt from the licensing requirements of this subtitle:1. Except as otherwise provided by regulation, taking by dip net, hand line, or two crab pots, as much as one bushel of hard crabs and two dozen peeler crabs in any one day for personal use only.2. Taking a maximum of one bushel of oysters in any one day for personal use, when taken by hand or with ordinary tongs during the legally prescribed oyster season on public oyster grounds open for harvest or unleased bottom open for harvest.3. Taking a maximum of 250 clams in any one day for personal use, when taken by hand or with ordinary tongs.4. Using one tank or float no greater than four feet in width and eight feet in length for shedding crabs for personal use.Code 1950, §§ 28-80, 28-137, 28-170, 28-177; 1954, c. 368; 1956, c. 293; 1960, c. 517; 1962, c. 406, §§ 28.1-78, 28.1-120, 28.1-165, 28.1-174; 1964, c. 393; 1966, c. 684; 1968, c. 785; 1970, c. 726; 1979, c. 274; 1983, cc. 307, 603; 1985, c. 180; 1988, c. 75; 1990, c. 154; 1991, c. 285; 1992, c. 836; 1993, c. 11; 2001, c. 51; 2013, c. 38; 2016, c. 7.
VA Code § 28.2-226.1 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-226.1. Recreational gear license required

A. Any person desiring to take or catch finfish or shellfish for recreational purposes in the tidal waters of the Commonwealth using commercial gear authorized under § 28.2-226.2 shall first obtain the appropriate commercial gear license for recreational purposes. A license to use such gear for recreational purposes shall be issued to an individual for his exclusive use and shall not be transferable.B. All gear licenses issued for recreational purposes shall be so marked.C. Any person who has obtained a commercial gear license for recreational purposes only shall be exempt from the commercial fishing registration requirements of §§ 28.2-241 and 28.2-242.D. For purposes of this section and §§ 28.2-226.2 and 28.2-232, "recreational purposes" means finfish or shellfish taken for personal use and not sold, traded, bartered, or given to another in order to be sold, traded, or bartered.E. Holders of licenses under this section shall report catch and other data as is deemed necessary by the Commission for effective fisheries management.F. Any person who engages in an activity for which an exemption is provided in § 28.2-226, holds a saltwater recreational fishing license and uses a gear type listed in § 28.2-302.1, or is exempt from the requirements of obtaining a saltwater recreational license pursuant to subdivision A 11 of § 28.2-302.5 shall be exempt from the requirement of obtaining a commercial gear license for recreational purposes.1993, c. 219; 2005, c. 124; 2015, c. 468; 2018, c. 118.
VA Code § 28.2-226.2 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-226.2. Commission to establish requirements for commercial gear licenses used for recreational purposes

A. The Commission is authorized to establish the type and amount of commercial gear that can be used for taking finfish and shellfish for recreational purposes. The license fees for use of recreational gear shall be the same as fees charged for the particular gear when used commercially.B. The Commission shall not issue to any licensee a recreational gear license that exceeds the following limitations:1. One gill net up to 300 feet in length, $7.50;2. Up to 10 crab pots with turtle excluder devices, $36; up to 10 crab pots without turtle excluder devices, $46;3. One crab trap or crab pound, $5;4. One crab scrape, $16; or5. Two eel pots, $10.C. All fees collected pursuant to this section shall be deposited in the state treasury and credited to the Virginia Marine Products Fund as established under § 3.2-2705.D. The Commission may subsequently revise the cost of licenses pursuant to § 28.2-201.1993, c. 219; 2001, c. 28; 2009, c. 9; 2016, c. 136.
VA Code § 28.2-227 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-227. Special nonresident harvester's license; fee and oath; revocation; penalty

A. Any nonresident desiring to take or catch marine fish, crabs or any other seafood, except oysters, clams or other mollusks, from the tidal waters of the Commonwealth for which a license is required shall pay to any officer or agent a fee for a nonresident harvester's license. The fee, to be established by the Commission, shall be no less than $350 or more than $1,150 or as subsequently revised by the Commission pursuant to § 28.2-201. Three hundred fifty dollars of each fee shall be credited to the Virginia Marine Products Fund as provided under § 3.2-2705. The remainder of the fee shall be credited to the Marine Fishing Improvement Fund, as established pursuant to § 28.2-208.B. The license shall be required of each boat used in Virginia's tidal waters and shall be in addition to any other licenses required for the activity involved.C. The nonresident shall state under oath his true name and address, the name and number of the boat being licensed, and that he will not violate any of the laws of the Commonwealth governing the taking and catching of seafood.D. A nonresident harvester's license shall be required prior to the purchase of any other license for the harvesting of seafood. Revocation of this license in accordance with § 28.2-232 shall constitute revocation of any other license held by the nonresident under the provisions of this subtitle. No commercial fishing license or permit shall be sold to a nonresident whose state of residence does not offer for sale the same or substantially similar license or permit to a resident of the Commonwealth.E. Any Virginia resident who enters into a partnership or other agreement with the intent to defeat the object of this section is guilty of a Class 1 misdemeanor.1983, c. 299, § 28.1-47.1; 1991, c. 411; 1992, c. 836; 1993, c. 245; 1994, c. 155; 2009, c. 9; 2010, cc. 12, 144.
VA Code § 28.2-228 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-228. Licenses for purchase of fish, shellfish, or marine organisms from the catcher; fee

A. Any person purchasing from the catcher clams, crabs, fish, or other seafood, except oysters, caught from the waters of the Commonwealth or the Potomac River, shall pay a license fee of (i) $50 for each place of business and (ii) $25 for each boat or motor vehicle used for buying. The Commission may subsequently revise the cost of licenses pursuant to § 28.2-201.B. Any person purchasing from the catcher oysters caught from the public grounds of the Commonwealth or the Potomac River shall pay a license fee of (i) $50 for a single place of business with one boat or motor vehicle used for buying oysters and (ii) $100 for a single place of business with multiple boats or motor vehicles used for buying oysters. The Commission may subsequently revise the cost of licenses pursuant to § 28.2-201.C. No license shall be required of any person purchasing seafood for personal consumption, any place of business which is solely a restaurant, or any person who operates a business which is subject to local license taxes under § 58.1-3703 and who has in his possession no more than one bushel of peeler crabs to be sold as bait.1970, c. 726, § 28.1-119.1; 1979, c. 274; 1980, c. 218; 1984, c. 316; 1988, c. 27; 1992, c. 836; 2009, c. 9; 2013, c. 38.
VA Code § 28.2-228.1 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-228.1. Seafood landing licenses

A. The Commission may by regulation establish licenses for the landing of seafood in Virginia, the fee for which shall not exceed $150 or as subsequently revised by the Commission pursuant to § 28.2-201. The regulations may limit the number of such licenses that may be issued and may establish eligibility criteria. Fees collected from the sale of seafood landing licenses shall be deposited to the Marine Fishing Improvement Fund established in § 28.2-208.B. The Commission may grant exceptions to the license requirement established in subsection A to any person registered as a commercial fisherman under the provisions of § 28.2-241.C. The following shall be Class 3 misdemeanors: (i) landing seafood without the license that may be required under this section and (ii) failure to produce or have available for inspection the license that may be required under this section when requested by any officer. Failure to produce the license is prima facie evidence that the person is landing seafood without a license.1996, c. 214; 2009, c. 9.
VA Code § 28.2-229 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-229. When licenses terminate; proration and refund not permitted

A. The Commission shall issue all licenses on an annual basis. All licenses shall be valid from January 1 of each year or their later date of purchase and expire on December 31 of the year in which issued.B. Refunds shall not be made or prorated if the fishing effort is reduced, or seasons are closed (i) in order to promote conservation of the fisheries or (ii) due to natural conditions. Refunds shall not be made for any license that is suspended or revoked. However, if the license is no longer for sale due to fisheries management purposes, refunds shall be made to the license holder on a prorated basis.Code 1950, §§ 28-10.1, 28-61, 28-71; 1952, c. 653; 1954, c. 179; 1960, c. 517; 1962, c. 406, §§ 28.1-21, 28.1-59, 28.1-70; 1966, c. 695; 1974, cc. 85, 313; 1978, cc. 347, 358; 1979, cc. 18, 274; 1980, c. 605; 1982, c. 461; 1983, c. 299, §§ 28.1-47, 28.1-47.1; 1988, c. 710; 1991, c. 411; 1992, c. 836; 2009, c. 384.
VA Code § 28.2-230 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-230. Penalty for false statements or altering a fishing license; penalty

It shall be unlawful for any person to (i) subscribe to a materially false statement in applying to secure a license to fish or (ii) alter or change such license.A violation of this section shall be a Class 1 misdemeanor.Code 1950, § 28-66; 1962, c. 406, § 28.1-64; 1981, c. 525; 1992, c. 836.
VA Code § 28.2-231 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-231. Exhibition of license; display to officers; penalty

Any person engaged in fishing shall have the required license available for inspection and shall present such license when requested by an officer. Failure to present the license upon request of any officer is a Class 1 misdemeanor and prima facie evidence that the person is fishing without a license.Code 1950, §§ 28-137, 28-157; 1960, c. 517; 1962, c. 406, §§ 28.1-120, 28.1-133; 1964, c. 393; 1966, c. 684; 1970, c. 726; 1979, c. 274; 1991, c. 285; 1992, c. 836.
VA Code § 28.2-233 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-233. License tags or identification generally

The Commission shall provide metal license tags or identification numbers to licensees in a form and manner prescribed by the Commission.Code 1950, § 28-76; 1962, c. 406, §§ 28.1-73, 28.1-74; 1966, c. 684; 1992, c. 836.
VA Code § 28.2-234 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-234. License tags and identification numbers to be fastened; penalty

A. License tags or identification numbers shall be attached and displayed in the following manner:1. License tags for fixed fishery devices, including pound nets, fyke nets, crab traps, and staked gill nets, shall be fastened to one of the offshore stakes.2. License tags for anchored gill nets and drift gill nets shall be fastened to a flagstaff or a buoy that is visible from the surface.3. License tags for vessels using haul seines, purse nets, trawl nets, crab pots, trotlines, and crab scrapes shall be fastened at a conspicuous place on the starboard side or the mast of the vessel.4. License tags issued for businesses purchasing seafood shall be affixed in a conspicuous place on the business establishment, boat or motor vehicle.5. Identification numbers when issued for particular devices shall be applied by the license holder and shall be in place at all times when the gear is deployed.B. Any such licensee who fails to properly attach or display such a license tag or identification number is guilty of a Class 1 misdemeanor.Code 1950, §§ 28-43, 28-77, 28-78, 28-175; 1960, c. 517; 1962, c. 406, §§ 28.1-48, 28.1-74, 28.1-76, 28.1-171; 1966, c. 684; 1968, cc. 748, 750, § 28.1-173.2; 1970, c. 726, § 28.1-119.1; 1972, c. 833; 1973, c. 21; 1976, c. 392; 1979, c. 274; 1980, c. 218; 1981, c. 61; 1983, c. 307; 1984, c. 316; 1988, c. 27; 1990, c. 445; 1992, c. 836.
VA Code § 28.2-235 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-235. Duty to apply for new tag in case of loss; penalty

Should the metal tag required by § 28.2-234 be removed or destroyed by accident, by the force of the sea, or in any other casual manner, the licensee shall apply for a new tag within twenty-four hours after the discovery of the destruction or loss of the original tag. Failure to do so is a Class 3 misdemeanor.Code 1950, § 28-79; 1962, c. 406, § 28.1-77; 1992, c. 836.
VA Code § 28.2-236 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-236. Seizure of unmarked devices

Any fishing device not marked, tagged or identified in the required manner may be seized by an officer and held for any forthcoming legal proceeding.Code 1950, § 28-77; 1962, c. 406, § 28.1-74; 1964, c. 393; 1966, c. 684; 1992, c. 836.
VA Code § 28.2-237 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-237. Removal of abandoned pole or stake; revocation of licenses for failure to remove stakes

A. Any person fishing a pound net or any other type of fishing device requiring the use of fixed poles or stakes shall remove all such abandoned poles or stakes; however, one pole or stake may be left standing at least four feet above mean high water at old stands as an identification marker.Abandoned poles or stakes are considered to be poles or stakes which are not used for fishing.B. The Commission may revoke any fishing licenses issued to such person, as set forth in § 28.2-232, if abandoned poles or stakes are not promptly removed. Failure to remove such poles or stakes is a Class 1 misdemeanor. The most recent licensee for the fishing device is responsible for removing the poles or stakes.1962, c. 406, § 28.1-79; 1964, c. 393; 1992, c. 836.
VA Code § 28.2-238 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-238. Concealing name or number of vessel; penalty

Any captain or owner who covers or conceals the name, registration number, or fishing license tag of any boat licensed and engaged in the fisheries under this subtitle is guilty of a Class 1 misdemeanor.Code 1950, §§ 28-49, 28-214; 1962, c. 406, §§ 28.1-54, 28.1-190; 1992, c. 836.
VA Code § 28.2-239 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-239. Exemptions from article

Nothing in this article applies to boats used purely for recreation, or for taking fish or shellfish by rod and line or with hand lines, for family use only.Code 1950, § 28-80; 1962, c. 406, § 28.1-78; 1992, c. 836.
VA Code § 28.2-241 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-241. Registration of commercial fishermen required; exemption; penalty

A. On and after January 1, 1993, holders of gear licenses, except those issued pursuant to § 28.2-402, issued January 1, 1992, through December 31, 1992, shall register as commercial fishermen as provided for in regulation.B. [Repealed.]C. On and after January 1, 1993, fishermen not registered as commercial fishermen but who desire to sell their catch shall apply to the Commission for registration as commercial fishermen. The effective date of status as a commercial fisherman shall be two years from the date the application is approved by the Commission. A person whose registration as a commercial fisherman is not effective shall not sell, trade, or barter his catch or give his catch to another in order that it may be sold, traded, or bartered. The Commission shall grant a preference, on a one-in, one-out basis, for an exemption from the two-year waiting period for an immediate family member or documented employee of a commercial fisherman who is retiring from the commercial fishery.D. For purposes of this section and §§ 28.2-242, 28.2-243, and 28.2-244, "commercial fisherman" means any person who fishes in tidal waters using any gear and who sells, trades, or barters his catch or gives his catch to another in order that it may be sold, traded, or bartered. The Commission shall provide, by regulation, for exemptions from the definition of "commercial fisherman" those persons who independently sell, trade, or barter minnows and who are not part of, hired by, or engaged in a continuing business enterprise as may be defined by the Commission. Such regulation may include, but is not limited to, limits on the quantity of minnows that may be sold, traded, or bartered by a person that may be exempted from the definition of commercial fisherman.E. The cost of registration as a commercial fisherman shall be $150 annually, due no later than the effective date of registration; however, the cost of registration for a person 70 years of age or older shall be $75. All fees collected from the registration of commercial fishermen shall be deposited in the state treasury and credited to the Marine Fishing Improvement Fund as established in § 28.2-208. The Commission may subsequently revise the cost of licenses in this section pursuant to § 28.2-201.F. Registrations of commercial fishermen shall not be transferable.G. Whenever a court finds that a defendant has violated any of the provisions of this section, the court shall assess a civil penalty of $500. All civil penalties assessed pursuant to this section shall be paid into the Marine Fishing Improvement Fund as established in § 28.2-208.H. Only commercial fishermen with valid registrations may purchase licenses pursuant to §§ 28.2-301, 28.2-501, and 28.2-702.I. Persons who have obtained a recreational gear license pursuant to § 28.2-226.1 or 28.2-302.1 are exempt from the provisions of this section.1992, cc. 493, 503; 1993, c. 219; 1994, c. 121; 1996, c. 277; 2009, c. 9; 2017, c. 339.
VA Code § 28.2-242 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-242. Report of harvest required

All harvests shall be reported by either commercial fishermen, licensed buyers, or self marketers in the manner and form prescribed by the Commission.1992, cc. 493, 503; 1993, c. 237.
VA Code § 28.2-243 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-243. Commission to promulgate regulations

The Commission shall promulgate regulations governing the registration of commercial fishermen. The regulations shall include (i) the procedure and manner for application for registration as a commercial fisherman, (ii) the manner and form of mandatory harvest reports by commercial fishermen, and (iii) exceptions to the delay requirements pursuant to subsection C of § 28.2-241 based on scientific, economic, biological, sociological and hardship factors.1992, cc. 493, 503.
VA Code § 28.2-244 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 2 - General Provisions|§ 28.2-244. Purchase of shellfish or finfish; penalty

A person shall not purchase shellfish or finfish from any fisherman who is known by such person to have not registered as a commercial fisherman as required by § 28.2-241. Whenever a court finds that a defendant has violated the provisions of this section, the court shall assess a civil penalty of $500. All civil penalties assessed pursuant to this section shall be paid into the Marine Fishing Improvement Fund as established in § 28.2-208.1992, cc. 493, 503.