Code of Virginia - Title 28.2 Fisheries And Habitat Of The Tidal Waters - Chapter 2 General Provisions

28.2-200 Definitions
As used in this subtitle, unless the context requires a different meaning: "Cultured hard-shell clams" means hard-shell clams (Mercenaria mercenaria) that have been spawned in ...

28.2-201 Authority of Commission to make regulations, establish licenses, and prepare fishery management pla...
The Commission may: 1. Promulgate regulations, including those for taking seafood, necessary to promote the general welfare of the seafood industry and to conserve and ...

28.2-201.1 Commission to administer grants to individuals transferring oysters to a state-managed sanctuary; f...
For purposes of this section: "Fund" means the Oyster Growing Activities Fund. "Individual" means the same as that term is defined in § 58.1-302. A. ...

28.2-202 Commissioner; fishery powers
The Commissioner may: 1. Investigate all matters affecting the seafood industry; and 2. Provide for the development of programs designed to enhance and improve commercial ...

28.2-203 Commission to prepare fishery management plans; standards
The Commission shall prepare and implement fishery management plans so as to preserve the Commonwealth's exclusive right to manage the fisheries within its territorial jurisdiction. ...

28.2-203.1 Blue crab fishery management plan
A. The Commission shall prepare, in consultation with the Virginia Institute of Marine Science, other educational institutions and representatives of industry and interested parties, and ...

28.2-204 Authority to collect fisheries statistics
A. The Commission may collect from any source any fisheries data and information necessary to develop fishery management plans and to evaluate management options. This ...

28.2-204.1 Limited sale of gear licenses and permits; regulations
A. The Commission may limit the number of gear licenses or permits to fish, except those licenses issued pursuant to § 28.2-402, issued for use ...

28.2-205 Scientific collection permits; penalty
A. Except as provided for in § 28.2-1101, it is unlawful for any person to remove from the waters of the Commonwealth under the jurisdiction ...

28.2-206 Virginia Saltwater Sport Fishing Tournament
The Commission shall promote and develop the Commonwealth's saltwater angling resources for their recreational and economic benefits. These efforts shall include, but not be limited ...

28.2-207 Tournament Advisory Committee continued
A. The Virginia Saltwater Sport Fishing Tournament Advisory Committee is continued and shall hereinafter be known as the Committee. The Committee shall assist the Director ...

28.2-208 Marine Fishing Improvement Fund continued
There is hereby continued a special, nonreverting fund in the state treasury to be known as the Marine Fishing Improvement Fund, hereinafter referred to as ...

28.2-208.1 Commercial Fishing Advisory Board established
A. There is hereby established the Commercial Fishing Advisory Board, which shall hereinafter be known as the Board. The Board shall advise the Commission on ...

28.2-209 Publication of proposed regulations
No regulation of general application shall be promulgated until the express terms or a summary including a statement of purpose and substance of the proposed ...

28.2-210 Adoption of emergency regulations
If, in an emergency, the adoption of a regulation is necessary for the immediate preservation of the public peace, health, safety, and welfare, or the ...

28.2-211 Hearing on proposed regulations
A public hearing shall be held by the agency at the time and place designated in the notice prescribed in § 28.2-209. An opportunity shall ...

28.2-212 Adoption of regulations
A regulation may be adopted in the form in which it was filed or as amended at the public hearing, provided the amendments do not ...

28.2-213 Distribution of new regulations
A copy of any regulation of general application adopted by the Commission shall be sent to the Registrar of Regulations, the clerks of the circuit ...

28.2-214 Right of petition to Commission
Any interested person may petition the Commission requesting the promulgation, amendment or repeal of any regulation. (1962, c. 406, § 28.1-28; 1992, c. 836.) ...

28.2-215 Judicial review of validity of regulations
Judicial review of any regulation shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). (1962, c. 406; 1986, ...

28.2-216 Hearings before Commission
A. Any person whose rights, duties, or privileges, including matters relating to licenses, shellfish planting grounds, or fishing stands, have been or may be affected ...

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 ...

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 ...

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 ...

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. ...

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 ...

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 ...

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.) ...

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 ...

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 ...

28.2-226 Exemptions from licensing requirements
A. The following activities are exempt from the licensing requirements of this subtitle: 1. Except as otherwise provided by regulation, taking by dip net, hand ...

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 ...

28.2-226.2 Commission to establish requirements for commercial gear licenses used for recreational purpose...
A. The Commission is authorized to establish the type and amount of commercial gear which can be used for taking finfish and shellfish for recreational ...

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 ...

28.2-228 License for purchase of fish, shellfish, or marine organisms from the catcher; fee
A. Any person, purchasing from the catcher, oysters or clams caught from the public grounds of the Commonwealth or the Potomac River, or crabs, fish, ...

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. The regulations ...

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 ...

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) ...

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 ...

28.2-232 Revocation of licenses
The Commission may revoke and prohibit the issuance, reissuance, or renewal of any licenses if, after a hearing held after ten days' notice to the ...

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; ...

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, ...

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 ...

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. ...

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 ...

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 ...

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, ...

28.2-240 Description unavailable
Repealed by Acts 1993, c. 219. ...

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, ...

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. ...

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 ...

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 ...

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 ...

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 ...

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; ...