reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; or
5. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 2 - General Provisions › § 28.2-245. Fishery Resource Grant Fund established; purpose; Consortium to award grants

A. There is hereby established within the state treasury a special permanent, nonreverting fund, to be known as the Fishery Resource Grant Fund, which shall hereafter be known as the "Fund." The Fund shall be established on the books of the Comptroller. The Fund shall consist of sums appropriated to it by the General Assembly as provided for under subsection D of § 23.1-208 and such other moneys as may be made available from any other source, public or private, including any federal grants solicited or received for the specific purposes of the Fund, and all interest and income from investment of the Fund. Any sums 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. Moneys in the Fund shall be used solely for Fishery Resource Grants. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request of the Chairman of the Graduate Marine Science Consortium at the University of Virginia.
B. The purpose of the Fishery Resource Grant Fund is to protect and enhance the Commonwealth's coastal fishery resources through the awarding of grants in the following areas:
1. New fisheries equipment or gear;
2. Environmental pilot studies on issues including water quality and fisheries habitat;
3. Aquaculture or mariculture of marine-dependent species; and
4. Seafood technology.
C. The Consortium shall advertise the availability of grant funds and shall solicit, receive, and review grant applications. Grants shall be awarded by the Consortium after consideration of the recommendations of the Fishery Resource Grant Advisory Board. The decisions regarding who receives the grant awards shall be the responsibility of the Consortium. In awarding grants for the aquaculture or mariculture of marine dependent species the Consortium shall consider the amount of private investment that has been made for the aquaculture or mariculture of a species, and shall not award grants for the aquaculture or mariculture of a species in which significant private investment has been made, unless such grant is for new technology.
D. The Consortium may establish a peer review panel to assist in determining the relative merits of each proposal.
E. Any general funds for the Fishery Resource Grant Program shall be appropriated to the Consortium, which shall be reimbursed for the reasonable costs incurred in administering and monitoring the grant program. If funds remain at the end of a grant cycle, the Consortium may carry forward such funds to the next funding cycle.
1999, c. 719.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 2 - General Provisions › § 28.2-246. Fishery Resource Grant Advisory Board established; membership; duties

A. The Fishery Resource Grant Advisory Board shall be composed of seven members to be selected in the following manner: four members shall be appointed by the Graduate Marine Science Consortium from nominations made by commercial watermen's associations, one member shall be appointed by the Graduate Marine Science Consortium from nominations made by the aquaculture association, one member shall be appointed by the Commissioner of the Marine Resources Commission, and one member shall be appointed by the Director of the Virginia Institute of Marine Science.
B. The Advisory Board shall (i) in cooperation with commercial fishermen and the Consortium, establish, by July 1 of each year, the priority areas in which grants shall be awarded and (ii) review each application and make its recommendation to the Consortium.
1999, c. 719.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 2 - General Provisions › § 28.2-247. Graduate Marine Science Consortium to submit report

At the end of each grant cycle, the Graduate Marine Science Consortium shall submit a report to the House Committee on Chesapeake and Its Tributaries; the House Committee on Appropriations; the Senate Committee on Agriculture, Conservation and Natural Resources; the Senate Committee on Finance and Appropriations; the Marine Resources Commission; and the Virginia Department of Agriculture and Consumer Services describing the projects funded and moneys expended.
1999, c. 719.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-300. License application to fish with certain nets

Any person desiring to take or catch fish with any device shall apply to the Commissioner for a license. An applicant for a license to fish with a fixed device shall apply in writing to the officer assigned to the district in which the fixed device is proposed to be located. Every applicant shall state on oath his true name and address; the place where the net, seine, fyke, weir, or other device is to be fished; and that he will not violate the laws of this Commonwealth in relation to the taking and catching of fish.
Code 1950, § 28-42; 1962, c. 406, § 28.1-47; 1983, c. 307; 1992, cc. 836, 895.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-301. License fee for fishing in tidal waters

Every applicant for a license to catch or take fish shall pay the following license fee or such fee as it may be subsequently revised by the Commission pursuant to § 28.2-201:
1. On each pound net, $25;
2. On each stake gill net of 1,200 feet in length or under with a fixed location, $15;
3. On all other gill nets up to 600 feet, $10;
4. On all other gill nets over 600 feet and up to 1,200 feet, $15;
5. On each person using a cast net or throw net or similar device, $8;
6. On each fyke net head, weir, or similar device, $8;
7. For up to 100 fish pots or eel pots, $12;
8. For over 100 but not more than 300 fish pots or eel pots, $20;
9. For over 300 fish pots or eel pots, $50;
10. For fish trotlines, $12;
11. On each person using or operating a fish dip net, $6;
12. On each haul seine under 500 yards in length used for catching fish, $29; or
13. On each haul seine from 500 yards up to 1,000 yards in length used for catching fish, $88.
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, cc. 493, 503, 836; 1993, c. 11; 2009, c. 9.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-302. Commercial fishing pier; license fee; penalty

A. The owner of a commercial fishing pier shall pay an annual license fee of $50 or as subsequently revised by the Commission pursuant to § 28.2-201 for each pier that is over or upon the subaqueous beds of the Commonwealth.
B. Net fishing shall not be permitted within 300 yards of the sides or end of a commercial fishing pier. The Commission may decrease this distance if it considers 300 yards to be an excessive distance because of the size of the body of water where the pier is located. A violation of this subsection is a Class 3 misdemeanor.
C. The construction or erection of a commercial fishing pier on a subaqueous bed of the Commonwealth is subject to the permit requirements of § 28.2-1203.
D. For purposes of this section, a commercial fishing pier means any pier whose primary purpose is to allow fishing by the public for a fee. A public fishing pier operated by a political subdivision shall be considered to be a commercial fishing pier, although no fee is charged.
1976, c. 343, § 28.1-52.2; 1979, c. 274; 1992, c. 836; 2009, c. 9.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-302.1. Recreational license required

Except in areas under the jurisdiction of the Department of Wildlife Resources and as provided in § 28.2-302.5, a person shall not take or catch fish with rod and reel, hand line, by spearing or gigging, with a cast net, with a dip net, or by using up to two eel pots in the tidal waters of the Commonwealth under the jurisdiction of the Commission without first obtaining a saltwater recreational fishing license. The license required by this section and issued pursuant to § 28.2-302.2, 28.2-302.2:1, 28.2-302.6, 28.2-302.7, 28.2-302.8, 28.2-302.9 or 28.2-302.10 shall not be transferable.
1992, c. 895; 1993, c. 241; 2002, c. 215; 2004, c. 486; 2005, c. 124; 2020, c. 958.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-302.1:1. Fisherman Identification Program

The Commission shall establish the Fisherman Identification Program, which shall be consistent with the National Saltwater Angler Registry Program. Those persons who purchase a license under this article shall not be required to register with the Fisherman Identification Program.
2010, c. 484.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-302.2. Recreational license fee; cooperative program

A. The annual fee for the saltwater recreational fishing license shall be seven dollars and fifty cents or as subsequently revised by the Commission pursuant to § 28.2-201. Agents of the Commission shall retain the agent's fee established by the Board of Wildlife Resources pursuant to subsection B of § 29.1-327, except that the agent's fee shall be deducted from the license fee established by the Commission pursuant to subdivision 4 of § 28.2-201, as compensation for issuing each license.
B. All funds collected under this section shall be paid into the state treasury to the credit of the Virginia Saltwater Recreational Fishing Development Fund, as established in § 28.2-302.3.
C. The Commission shall enter into cooperative programs with the Department of Wildlife Resources as are necessary to carry out the provisions of this section.
D. The Commission shall also have the power necessary to conduct and establish cooperative fish projects with the federal government as prescribed by Congress and in compliance with rules and regulations promulgated by the United States Secretary of the Interior.
E. A resident may purchase a license issued under this section that is valid for one year or for multiple years from the date of purchase.
1992, c. 895; 2001, c. 115; 2007, c. 30; 2009, c. 9; 2020, c. 958; 2022, c. 193.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-302.3. Virginia Saltwater Recreational Fishing Development Fund established

There is hereby established a special, nonreverting fund in the state treasury to be known as the Virginia Saltwater Recreational Fishing Development Fund, hereafter referred to as the Fund. The interest earned on the principal of the Fund also shall not revert to the general fund. The Fund shall be administered by the Commission, to be used solely for the purposes of conserving and enhancing finfish species taken by recreational anglers; enforcing the provisions of §§ 28.2-302, 28.2-302.1, and 28.2-302.6 through 28.2-302.9 and regulations promulgated thereunder; improving recreational fishing opportunities; administrating the Virginia Saltwater Sport Fishing Tournament certificates program; obtaining necessary data and conducting research for fisheries management; and creating or restoring habitat for species taken by recreational fishermen. The Fund shall consist of moneys collected pursuant to §§ 28.2-302, 28.2-302.2, and 28.2-302.6 through 28.2-302.9.
1992, c. 895; 1995, c. 169.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-302.4. Virginia Recreational Fishing Advisory Board established

A. There is hereby established the Virginia Recreational Fishing Advisory Board, which shall hereinafter be known as the Board. The Board shall advise the Commission in the expenditure of moneys received in the Fund.
B. The Board shall consist of nine members selected from a list of nominees by organized groups, clubs, civic organizations or self-nominations and appointed by the Commissioner who are representative of the interests associated with recreational fishing including representatives from organized recreational clubs and others interested in recreational fishing. The membership shall be representative of the geographic area covered by the license.
C. The term of office 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 term.
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.
1992, c. 895.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-302.5. Exemptions to saltwater recreational fishing license

A. The following persons shall be exempt from the requirements of obtaining a saltwater recreational fishing license as set forth in § 28.2-302.1:
1. A person under the age of 16 or a person who has attained the age of 65.
2. A person fishing from private real property that he owns or rents, the nonpaying guest of such person, or a member of the immediate family of such person.
3. A person fishing from a licensed recreational boat licensed pursuant to § 28.2-302.7.
4. A person fishing from a licensed headboat, charterboat, or pier licensed pursuant to § 28.2-302 or 28.2-302.8.
5. A person fishing with gear licensed by the Commission.
6. The holder of a valid recreational fishing license issued by another state or jurisdiction, upon determination of reciprocity of the license by the Commissioner.
7. Members of the following groups, as determined by the Commissioner:
a. Organized groups of individuals with physical or mental limitations;
b. Organized groups of military veterans residing in veterans' hospitals; and
c. School groups, grades kindergarten through 12, participating in school-sponsored trips.
8. A permanently and totally disabled person as defined in § 58.1-3217 holding a special lifetime saltwater recreational fishing license issued pursuant to § 28.2-302.10.
9. A person holding a lifetime saltwater recreational fishing license issued pursuant to § 28.2-302.10:1.
10. A person fishing from a federally owned park or reserve with boundaries extending into an adjoining state that does not require a saltwater fishing license.
11. A Virginia resident who is a member of an American Indian tribe recognized by the Commonwealth and is carrying (i) an identification card or paper signed by the chief of his tribe, (ii) a valid tribal identification card, (iii) a written confirmation through a central tribal registry, or (iv) a certification from a tribal office, stating that the person is a member of such tribe. Such card or other certification shall create a presumption of residence in Virginia that may be rebutted by proof of actual residence elsewhere.
B. No saltwater recreational fishing licenses shall be required on days that are designated as free fishing days. The Commissioner shall designate no more than three free fishing days in any calendar year. This exemption shall not apply to headboats, charterboats, or rental boats.
1992, c. 895; 1993, c. 241; 1999, c. 107; 2000, cc. 110, 142; 2002, c. 215; 2018, c. 118.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-302.6. Temporary license

A. The Commission shall provide for issuance of a temporary saltwater recreational fishing license, which shall be valid for a stated period of time not to exceed ten consecutive days. The fee for the temporary license shall be five dollars or as subsequently revised by the Commission pursuant to § 28.2-201. Agents shall retain fifty cents as compensation for issuing each license.
B. All funds collected pursuant to this section shall be paid into the state treasury to the credit of the Virginia Saltwater Recreational Fishing Development Fund, as established by § 28.2-302.3.
1992, c. 895; 2009, c. 9.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-302.7. Recreational boat; reporting of catch

A. The owner or operator of a recreational boat used for saltwater recreational fishing shall have the option of purchasing a saltwater recreational fishing license which covers his passengers and himself to meet the licensing requirements set forth in § 28.2-302.1. The cost of the license shall be $30 or as subsequently revised by the Commission pursuant to § 28.2-201 a year for boats; however, notwithstanding subdivision 4 of § 28.2-201, the Commission may institute a one-time fee increase of no more than $10 to purchase the license issued pursuant to this section. If the owner or operator of the boat does not purchase a license which covers all his passengers, individuals shall still purchase a license as required by § 28.2-302.1. Purchasers of licenses pursuant to this section will be issued an individual license, at no additional cost, as required in § 28.2-302.1.
B. Holders of licenses issued pursuant to subsection A shall report catch and other data as are deemed necessary by the Commission for effective fisheries management.
C. All funds collected pursuant to this section shall be paid into the state treasury to the credit of the Virginia Saltwater Recreational Fishing Development Fund, as established by § 28.2-302.3.
1992, c. 895; 1994, c. 559; 1999, c. 106; 2009, c. 9; 2010, c. 484.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-302.7:1. Reissuance of licenses for recreational boats

The Commission shall provide for the reissuance of a saltwater recreational fishing license to a person who holds a valid license for a recreational boat issued pursuant to § 28.2-302.7 and who owns or operates another recreational boat. The cost of reissuing a license shall be five dollars or as subsequently revised by the Commission pursuant to § 28.2-201. A reissued license shall be valid for the balance of the term of the original license.
1994, c. 163; 1999, c. 106; 2007, c. 30; 2009, c. 9.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-302.8. Headboat or charterboat; rental boats

A. The Commission may establish the sale of a fishing guide license. If established, such fishing guide license shall be required for each charterboat and headboat captain. The Commission may limit the sale of such licenses when deemed necessary by the Commission for effective fisheries management. The application for the license shall include a copy of the applicant's current U.S. Coast Guard license permitting him to carry passengers for hire. The fee for the license shall not exceed $100. The Commission may reduce the fee charged for the saltwater recreational fishing license under subsection B by an amount equal to the fee for the fishing guide license.
B. The owner of a headboat or charterboat annually shall purchase a recreational fishing license which covers his passengers and the captain and mate of the vessel to meet the requirements set forth in § 28.2-302.1. The annual cost of the license shall be $150 for uninspected vessels licensed by the United States Coast Guard to carry six fishing passengers or fewer and, for boats United States Coast Guard certified to carry a number of fishing passengers greater than six, $150 plus $4 for each passenger over six for which the boat is designed. A headboat or charterboat owner who has purchased the license required under this subsection shall be issued, at no additional cost, the saltwater recreational fishing license issued pursuant to § 28.2-302.1.
C. The owner of a boat rental service shall purchase a recreational fishing license which covers his customers to meet the requirements set forth in § 28.2-302.1. The annual cost of the license shall be $7.50 per boat with a maximum fee of $500, whichever is less.
D. Charterboat and headboat operators shall report such data as are deemed necessary by the Commission for the effective fisheries management as a condition of issuance of the license.
E. All funds collected pursuant to this section shall be paid into the state treasury to the credit of the Virginia Saltwater Recreational Fishing Development Fund, as established by § 28.2-302.3. The Commission may subsequently revise the cost of licenses in this section pursuant to § 28.2-201.
1992, c. 895; 1999, cc. 681, 1019; 2005, c. 198; 2009, c. 9.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-302.9. Commercial fishing pier

A. The owner of a commercial fishing pier, as defined in § 28.2-302, shall have the option of purchasing a saltwater recreational fishing license, covering his customers, in order to meet the licensing requirements set forth in § 28.2-302.1. The cost of the license shall be $450. If the owner of the pier does not purchase such a license, individuals shall still purchase a license as required by § 28.2-302.1.
B. Owners of commercial piers shall report catch and other data as are deemed necessary by the Commission for effective fisheries management.
C. All funds collected pursuant to this section shall be paid into the state treasury to the credit of the Virginia Saltwater Recreational Fishing Development Fund, as established by § 28.2-302.3. The Commission may subsequently revise the cost of licenses in this section pursuant to § 28.2-201.
1992, c. 895; 2009, c. 9.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-302.10. Special lifetime saltwater recreational fishing license; permanently and totally disabled persons

A. Any resident who is permanently and totally disabled, as defined in § 58.1-3217, who applies for a special lifetime saltwater recreational fishing license shall receive such a license for a fee of five dollars or as subsequently revised by the Commission pursuant to § 28.2-201. The applicant shall provide proof of permanent and total disability acceptable to the Commissioner.
B. All funds collected pursuant to this section shall be paid into the state treasury to the credit of the Virginia Saltwater Recreational Fishing Development Fund, as established by § 28.2-302.3.
1993, c. 241; 2009, c. 9.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-302.10:1. Lifetime saltwater recreational fishing licenses for residents and nonresidents

A. Any resident or nonresident individual may apply for and receive from the Commission a lifetime saltwater recreational fishing license after payment of a fee of $250, except as provided in subsection C. This license shall be valid for the life of the individual and shall not be transferable.
B. All funds collected pursuant to this section shall be paid into the state treasury to the credit of the Virginia Saltwater Recreational Fishing Development Fund, as established by § 28.2-302.3.
C. Any resident 45 years of age or older who applies for the lifetime license authorized by this section shall receive such a license for one of the following fees based on age: age 45 through 50, $120; age 51 through 55, $90; age 56 through 60, $60; age 61 through 64, $30; and age 65 and older, $5.
D. The Commission may subsequently revise the cost of licenses in this section pursuant to § 28.2-201.
1999, c. 107; 2009, c. 9; 2013, cc. 55, 344.
2023 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.