{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1105.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1105.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1105.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1105.html"}],"law_id":85557,"edition_id":1,"section_id":85557,"structure_id":15988,"section_number":"28.2-1105","catch_line":"Definitions","history":"2009, c. 329.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Inherent risks of a marine tourism activity” means those dangers or conditions that are an integral part of a marine tourism activity, including certain hazards, such as surface and subsurface conditions; natural conditions of water; natural behaviors and dangers of varied marine products; and ordinary dangers of boats, structures, or equipment ordinarily used in commercial fishing operations. Inherent risks of marine tourism activities also includes the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the marine tourism professional or failing to exercise reasonable caution while engaging in the marine tourism activity.\n\t\t“Marine products” means any marine fish, shellfish, or organism that inhabits marine or estuarine waters. Terrapin and marine mammals are considered to be marine organisms.\n\t\t“Marine tourism activity” means any activity carried out by a marine tourism professional that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy marine activities related to the historic and contemporary culture, practice, and industry of commercial fishermen. Marine tourism activities may take place on land or water and shall include aquaculture and fishing, as defined in \u00a7 28.2-100. An activity is a marine tourism activity whether or not the participant paid to participate in the activity.\n\t\t“Marine tourism professional” means any commercial fisherman, as defined in subsection D of \u00a7 28.2-241, or any person supervised by a commercial fisherman who is engaged in the business of providing one or more marine tourism activities, whether or not for compensation.\n\t\t“Participant” means any person, other than a marine professional, who engages in marine tourism activities.","order_by":null,"text":{"0":{"id":306498,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Inherent risks of a marine tourism activity” means those dangers or conditions that are an integral part of a marine tourism activity, including certain hazards, such as surface and subsurface conditions; natural conditions of water; natural behaviors and dangers of varied marine products; and ordinary dangers of boats, structures, or equipment ordinarily used in commercial fishing operations. Inherent risks of marine tourism activities also includes the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the marine tourism professional or failing to exercise reasonable caution while engaging in the marine tourism activity.\n\t\t“Marine products” means any marine fish, shellfish, or organism that inhabits marine or estuarine waters. Terrapin and marine mammals are considered to be marine organisms.\n\t\t“Marine tourism activity” means any activity carried out by a marine tourism professional that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy marine activities related to the historic and contemporary culture, practice, and industry of commercial fishermen. Marine tourism activities may take place on land or water and shall include aquaculture and fishing, as defined in \u00a7 28.2-100. An activity is a marine tourism activity whether or not the participant paid to participate in the activity.\n\t\t“Marine tourism professional” means any commercial fisherman, as defined in subsection D of \u00a7 28.2-241, or any person supervised by a commercial fisherman who is engaged in the business of providing one or more marine tourism activities, whether or not for compensation.\n\t\t“Participant” means any person, other than a marine professional, who engages in marine tourism activities.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15988,"edition_id":1,"name":"Marine Tourism Activity Liability","identifier":"11.1","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 04:03:14","date_modified":"2026-06-26 04:03:14","permalink":{"id":190747,"object_type":"structure","relational_id":15988,"identifier":"11.1","token":"28.2\/II\/11.1","url":"\/28.2\/II\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12814,"edition_id":1,"name":"Tidal Fisheries","identifier":"II","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":190673,"object_type":"structure","relational_id":12814,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","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":85557,"structure_id":15988,"section_number":"28.2-1105","catch_line":"Definitions","url":"\/28.2-1105\/","token":"28.2\/II\/11.1\/28.2-1105","metadata":false},{"id":62369,"structure_id":15988,"section_number":"28.2-1106","catch_line":"Liability limited; liability actions prohibited","url":"\/28.2-1106\/","token":"28.2\/II\/11.1\/28.2-1106","metadata":false},{"id":72380,"structure_id":15988,"section_number":"28.2-1107","catch_line":"Warning required","url":"\/28.2-1107\/","token":"28.2\/II\/11.1\/28.2-1107","metadata":false}],"next_section":{"id":62369,"structure_id":15988,"section_number":"28.2-1106","catch_line":"Liability limited; liability actions prohibited","url":"\/28.2-1106\/","token":"28.2\/II\/11.1\/28.2-1106","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1105\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapter 329<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":55539,"section_number":"28.2-100","catch_line":"Definitions","order_by":null,"url":"\/28.2-100\/"},{"id":56652,"section_number":"28.2-241","catch_line":"Registration of commercial fishermen required; exemption; penalty","order_by":null,"url":"\/28.2-241\/"}],"permalink":{"id":190749,"object_type":"law","relational_id":85557,"identifier":"28.2-1105","token":"28.2\/II\/11.1\/28.2-1105","url":"\/28.2-1105\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1105\/","token":"28.2\/II\/11.1\/28.2-1105","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1105","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Inherent risks of a marine tourism activity<\/span><\/span>” means those dangers or conditions that are an integral part of a marine tourism activity<\/span>, including certain hazards, such as surface and subsurface conditions; natural conditions of water; natural behaviors and dangers of varied marine products<\/span>; and ordinary dangers of boats, structures, or equipment ordinarily used in commercial fishing<\/span> operations. Inherent risks of marine tourism activities also includes the potential of a participant<\/span> to act in a negligent manner that may contribute to injury to the participant<\/span> or others, including failing to follow instructions given by the marine tourism professional<\/span> or failing to exercise reasonable caution while engaging in the marine tourism activity<\/span>.\n\t\t“Marine products<\/span>” means any marine fish<\/span>, shellfish<\/span>, or organism that inhabits marine or estuarine waters. Terrapin and marine mammals are considered to be marine organisms<\/span>.\n\t\t“Marine tourism activity<\/span>” means any activity carried out by a marine tourism professional<\/span> that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy marine activities related to the historic and contemporary culture, practice, and industry of commercial fishermen. Marine tourism activities may take place on land or water and shall include aquaculture and fishing<\/span>, as defined in \u00a7 28.2-100<\/a>. An activity is a marine tourism activity<\/span> whether or not the participant<\/span> paid to participate in the activity.\n\t\t“Marine tourism professional<\/span>” means any commercial fisherman, as defined in subsection D of \u00a7 28.2-241<\/a>, or any person supervised by a commercial fisherman who is engaged in the business of providing one or more marine tourism activities, whether or not for compensation.\n\t\t“Participant<\/span>” means any person, other than a marine professional, who engages in marine tourism activities.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 28.2-1105)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Inherent risks of a marine tourism activity” means those dangers\nor conditions that are an integral part of a marine tourism activity, including\ncertain hazards, such as surface and subsurface conditions; natural conditions\nof water; natural behaviors and dangers of varied marine products; and ordinary\ndangers of boats, structures, or equipment ordinarily used in commercial fishing\noperations. Inherent risks of marine tourism activities also includes the\npotential of a participant to act in a negligent manner that may contribute to\ninjury to the participant or others, including failing to follow instructions\ngiven by the marine tourism professional or failing to exercise reasonable\ncaution while engaging in the marine tourism activity.\n\t\t“Marine products” means any marine fish, shellfish, or organism\nthat inhabits marine or estuarine waters. Terrapin and marine mammals are\nconsidered to be marine organisms.\n\t\t“Marine tourism activity” means any activity carried out by a\nmarine tourism professional that allows members of the general public, for\nrecreational, entertainment, or educational purposes, to view or enjoy marine\nactivities related to the historic and contemporary culture, practice, and\nindustry of commercial fishermen. Marine tourism activities may take place on\nland or water and shall include aquaculture and fishing, as defined in \u00a7\n28.2-100. An activity is a marine tourism activity whether or not the\nparticipant paid to participate in the activity.\n\t\t“Marine tourism professional” means any commercial fisherman, as\ndefined in subsection D of \u00a7 28.2-241, or any person supervised by a commercial\nfisherman who is engaged in the business of providing one or more marine tourism\nactivities, whether or not for compensation.\n\t\t“Participant” means any person, other than a marine professional,\nwho engages in marine tourism activities.\n\nHISTORY: 2009, c. 329.","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}}