{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-100.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-100.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-100.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-100.html"}],"law_id":55539,"edition_id":1,"section_id":55539,"structure_id":12821,"section_number":"28.2-100","catch_line":"Definitions","history":"Code 1950, \u00a7 28-1; 1962, c. 406, \u00a7 28.1-1; 1968, c. 746; 1972, c. 472; 1992, c. 836; 2002, c. 789.","full_text":"As used in this title, unless the context requires a different meaning:\n\t\t“Commission” means the Marine Resources Commission.\n\t\t“Commissioner” means the Commissioner of Marine Resources.\n\t\t“Fish” or “marine fish” means those finfish species which spend a major portion of their lives in marine or estuarine waters. Sunfish, crappies, and carp are not considered to be marine fish.\n\t\t“Fishing”, “fisheries” or “to fish” means all operations involved in (i) taking or catching, (ii) using, setting or operating apparatus employed in killing, taking or catching, or (iii) transporting or preparing for market marine fish, shellfish, and marine organisms.\n\t\t“Habitat” means those state-owned bottomlands, tidal wetlands and coastal primary sand dunes which are subject to regulation under Subtitle III of this title.\n\t\t“Marine organisms” means those species other than marine finfish or marine shellfish which inhabit marine or estuarine waters. Terrapin and marine mammals are considered to be marine organisms.\n\t\t“Marine shellfish” or “shellfish” means such species of mollusca as oysters and clams, and such species of crustacea as crabs.\n\t\t“Officer” means a member of the Virginia Marine Police.\n\t\t“Territorial sea” means the waters within the belt, three nautical miles wide, that is adjacent to Virginia’s coast and seaward of the mean low-water mark.\n\t\t“Tidewater Virginia” means the following counties: Accomack, Arlington, Caroline, Charles City, Chesterfield, Essex, Fairfax, Gloucester, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Mathews, Middlesex, New Kent, Northampton, Northumberland, Prince George, Prince William, Richmond, Spotsylvania, Stafford, Surry, Westmoreland, and York; and the Cities of Alexandria, Chesapeake, Colonial Heights, Fairfax, Falls Church, Fredericksburg, Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson, Portsmouth, Richmond, Suffolk, Virginia Beach, and Williamsburg.","order_by":null,"text":{"0":{"id":203542,"text":"As used in this title, unless the context requires a different meaning:\n\t\t“Commission” means the Marine Resources Commission.\n\t\t“Commissioner” means the Commissioner of Marine Resources.\n\t\t“Fish” or “marine fish” means those finfish species which spend a major portion of their lives in marine or estuarine waters. Sunfish, crappies, and carp are not considered to be marine fish.\n\t\t“Fishing”, “fisheries” or “to fish” means all operations involved in (i) taking or catching, (ii) using, setting or operating apparatus employed in killing, taking or catching, or (iii) transporting or preparing for market marine fish, shellfish, and marine organisms.\n\t\t“Habitat” means those state-owned bottomlands, tidal wetlands and coastal primary sand dunes which are subject to regulation under Subtitle III of this title.\n\t\t“Marine organisms” means those species other than marine finfish or marine shellfish which inhabit marine or estuarine waters. Terrapin and marine mammals are considered to be marine organisms.\n\t\t“Marine shellfish” or “shellfish” means such species of mollusca as oysters and clams, and such species of crustacea as crabs.\n\t\t“Officer” means a member of the Virginia Marine Police.\n\t\t“Territorial sea” means the waters within the belt, three nautical miles wide, that is adjacent to Virginia’s coast and seaward of the mean low-water mark.\n\t\t“Tidewater Virginia” means the following counties: Accomack, Arlington, Caroline, Charles City, Chesterfield, Essex, Fairfax, Gloucester, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Mathews, Middlesex, New Kent, Northampton, Northumberland, Prince George, Prince William, Richmond, Spotsylvania, Stafford, Surry, Westmoreland, and York; and the Cities of Alexandria, Chesapeake, Colonial Heights, Fairfax, Falls Church, Fredericksburg, Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson, Portsmouth, Richmond, Suffolk, Virginia Beach, and Williamsburg.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12821,"edition_id":1,"name":"Commission; Commissioner","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12820,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190595,"object_type":"structure","relational_id":12821,"identifier":"1","token":"28.2\/I\/1\/1","url":"\/28.2\/I\/1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12820,"edition_id":1,"name":"Administration","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":12819,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190593,"object_type":"structure","relational_id":12820,"identifier":"1","token":"28.2\/I\/1","url":"\/28.2\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12819,"edition_id":1,"name":"General Provisions Relating to Marine Resources Commission","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190591,"object_type":"structure","relational_id":12819,"identifier":"I","token":"28.2\/I","url":"\/28.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55539,"structure_id":12821,"section_number":"28.2-100","catch_line":"Definitions","url":"\/28.2-100\/","token":"28.2\/I\/1\/1\/28.2-100","metadata":false},{"id":83264,"structure_id":12821,"section_number":"28.2-101","catch_line":"Jurisdiction of Commission","url":"\/28.2-101\/","token":"28.2\/I\/1\/1\/28.2-101","metadata":false},{"id":87172,"structure_id":12821,"section_number":"28.2-102","catch_line":"Commission membership; chairman; qualifications; terms; meetings","url":"\/28.2-102\/","token":"28.2\/I\/1\/1\/28.2-102","metadata":false},{"id":67711,"structure_id":12821,"section_number":"28.2-103","catch_line":"General powers of Commission; promulgation of regulations","url":"\/28.2-103\/","token":"28.2\/I\/1\/1\/28.2-103","metadata":false},{"id":59357,"structure_id":12821,"section_number":"28.2-104","catch_line":"Commissioner; general powers and duties","url":"\/28.2-104\/","token":"28.2\/I\/1\/1\/28.2-104","metadata":false},{"id":53977,"structure_id":12821,"section_number":"28.2-104.01","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/28.2-104.01\/","token":"28.2\/I\/1\/1\/28.2-104.01","metadata":false},{"id":64559,"structure_id":12821,"section_number":"28.2-104.1","catch_line":"Living shorelines; development of general permit; guidance","url":"\/28.2-104.1\/","token":"28.2\/I\/1\/1\/28.2-104.1","metadata":false},{"id":63736,"structure_id":12821,"section_number":"28.2-105","catch_line":"Legal representation for employees in criminal prosecution; compensation","url":"\/28.2-105\/","token":"28.2\/I\/1\/1\/28.2-105","metadata":false}],"next_section":{"id":83264,"structure_id":12821,"section_number":"28.2-101","catch_line":"Jurisdiction of Commission","url":"\/28.2-101\/","token":"28.2\/I\/1\/1\/28.2-101","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-100\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 406; in 1968, chapter 746; in 1972, chapter 472; in 1992, chapter 836; in 2002, chapter 789<\/a>.<\/p>","references":[{"id":58405,"section_number":"2.2-1157","catch_line":" Exploration for and extraction of minerals on state-owned uplands","order_by":null,"url":"\/2.2-1157\/"},{"id":85557,"section_number":"28.2-1105","catch_line":"Definitions","order_by":null,"url":"\/28.2-1105\/"},{"id":54652,"section_number":"28.2-903.1","catch_line":"Impeding lawful fishing in tidal waters; penalty","order_by":null,"url":"\/28.2-903.1\/"},{"id":86289,"section_number":"3.2-2600","catch_line":"Definitions","order_by":null,"url":"\/3.2-2600\/"}],"refers_to":false,"permalink":{"id":190597,"object_type":"law","relational_id":55539,"identifier":"28.2-100","token":"28.2\/I\/1\/1\/28.2-100","url":"\/28.2-100\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-100\/","token":"28.2\/I\/1\/1\/28.2-100","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-100","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this title, unless the context requires a different meaning:\n\t\t“Commission<\/span>” means the Marine Resources Commission<\/span>.\n\t\t“Commissioner<\/span>” means the Commissioner<\/span> of Marine Resources.\n\t\t“Fish” or “marine fish<\/span>” means those finfish species which spend a major portion of their lives in marine or estuarine waters. Sunfish, crappies, and carp are not considered to be marine fish<\/span>.\n\t\t“Fishing<\/span>”, “fisheries<\/span>” or “to fish<\/span>” means all operations involved in (i) taking or catching, (ii) using, setting or operating apparatus employed in killing, taking or catching, or (iii) transporting or preparing for market marine fish<\/span>, shellfish, and marine organisms<\/span>.\n\t\t“Habitat<\/span>” means those state-owned bottomlands, tidal wetlands and coastal primary sand dunes which are subject to regulation under Subtitle III of this title.\n\t\t“Marine organisms<\/span>” means those species other than marine finfish or marine shellfish<\/span> which inhabit marine or estuarine waters. Terrapin and marine mammals are considered to be marine organisms<\/span>.\n\t\t“Marine shellfish<\/span>” or “shellfish” means such species of mollusca as oysters and clams, and such species of crustacea as crabs.\n\t\t“Officer<\/span>” means a member of the Virginia Marine Police.\n\t\t“Territorial sea<\/span>” means the waters within the belt, three nautical miles wide, that is adjacent to Virginia’s coast and seaward of the mean low-water mark.\n\t\t“Tidewater Virginia<\/span>” means the following counties: Accomack, Arlington, Caroline, Charles City, Chesterfield, Essex, Fairfax, Gloucester, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Mathews, Middlesex, New Kent, Northampton, Northumberland, Prince George, Prince William, Richmond, Spotsylvania, Stafford, Surry, Westmoreland, and York; and the Cities of Alexandria, Chesapeake, Colonial Heights, Fairfax, Falls Church, Fredericksburg, Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson, Portsmouth, Richmond, Suffolk, Virginia Beach, and Williamsburg.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 28.2-100)\n\nAs used in this title, unless the context requires a different meaning:\n\t\t“Commission” means the Marine Resources Commission.\n\t\t“Commissioner” means the Commissioner of Marine Resources.\n\t\t“Fish” or “marine fish” means those finfish species\nwhich spend a major portion of their lives in marine or estuarine waters.\nSunfish, crappies, and carp are not considered to be marine fish.\n\t\t“Fishing”, “fisheries” or “to fish” means\nall operations involved in (i) taking or catching, (ii) using, setting or\noperating apparatus employed in killing, taking or catching, or (iii)\ntransporting or preparing for market marine fish, shellfish, and marine\norganisms.\n\t\t“Habitat” means those state-owned bottomlands, tidal wetlands and\ncoastal primary sand dunes which are subject to regulation under Subtitle III of\nthis title.\n\t\t“Marine organisms” means those species other than marine finfish\nor marine shellfish which inhabit marine or estuarine waters. Terrapin and\nmarine mammals are considered to be marine organisms.\n\t\t“Marine shellfish” or “shellfish” means such species\nof mollusca as oysters and clams, and such species of crustacea as crabs.\n\t\t“Officer” means a member of the Virginia Marine Police.\n\t\t“Territorial sea” means the waters within the belt, three nautical\nmiles wide, that is adjacent to Virginia’s coast and seaward of the mean\nlow-water mark.\n\t\t“Tidewater Virginia” means the following counties: Accomack,\nArlington, Caroline, Charles City, Chesterfield, Essex, Fairfax, Gloucester,\nHanover, Henrico, Isle of Wight, James City, King and Queen, King George, King\nWilliam, Lancaster, Mathews, Middlesex, New Kent, Northampton, Northumberland,\nPrince George, Prince William, Richmond, Spotsylvania, Stafford, Surry,\nWestmoreland, and York; and the Cities of Alexandria, Chesapeake, Colonial\nHeights, Fairfax, Falls Church, Fredericksburg, Hampton, Hopewell, Newport News,\nNorfolk, Petersburg, Poquoson, Portsmouth, Richmond, Suffolk, Virginia Beach,\nand Williamsburg.\n\nHISTORY: Code 1950, \u00a7 28-1; 1962, c. 406, \u00a7 28.1-1; 1968, c. 746; 1972, c.\n472; 1992, c. 836; 2002, c. 789.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}