{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-200.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-200.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-200.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-200.html"}],"law_id":83406,"edition_id":1,"section_id":83406,"structure_id":15896,"section_number":"28.2-200","catch_line":"Definitions","history":"Code 1950, \u00a7\u00a7 28-1, 28-46, 28-93, 28-93.1, 28-93.2, 28-112, 28-201.4; 1954, c. 38; 1958, cc. 182, 476; 1960, c. 517; 1962, c. 406, \u00a7\u00a7 28.1-1, 28.1-51, 28.1-98, 28.1-148; 1966, c. 684; 1968, cc. 746, 747; 1972, c. 472; 1978, c. 208; 1980, c. 325; 1981, c. 52; 1986, c. 254; 1992, c. 836; 1994, c. 124; 2003, c. 604.","full_text":"As used in this subtitle, unless the context requires a different meaning:\n\t\t&#8220;Cultured hard-shell clams&#8221; means hard-shell clams (Mercenaria mercenaria) that have been spawned in a hatchery or controlled setting for the purpose of producing seed clams (juveniles), and planted on leased grounds, floating structures, or other privately controlled growing areas, and covered with netting or otherwise protected from predators until harvested.\n\t\t&#8220;Haul seine&#8221; means a net made of mesh webbing which may include a pocket and a wing net, set vertically in water and pulled by hand or power to capture and confine fish by encirclement.\n\t\t&#8220;James River seed area&#8221; means that area in the James River and its tributaries above a line drawn from Cooper&#8217;s Creek in Isle of Wight County on the south side of the James River to a line in a northeasterly direction across the James River to the Newport News municipal water tank located on Warwick Boulevard between 59th Street and 60th Street in the City of Newport News.\n\t\t&#8220;Mouth of the Rappahannock River&#8221; means the area beginning at Stingray Point, Middlesex County, at the United States Army Corps of Engineers survey station &#8220;Bird,&#8221; an aluminum disk set in the top of a concrete monument, being located at coordinates 453,785.17 North, 2,638,116.66 East, 1927 North American Datum &#8212; Virginia South Zone; thence 12 degrees 52&#8242; 35&#8243; (grid azimuth) 20,846.73 feet to a point on the Eastern side of Windmill Point, Lancaster County, designated as Virginia Marine Resources Commission survey station &#8220;Windmill,&#8221; a one and one-half inch iron pipe driven flush with the ground, being located at coordinates 474,107.68 North, 2,642,762.29 East, 1927 North American Datum &#8212; Virginia South Zone.\n\t\t&#8220;Pound net&#8221; means any net having a funnel mouth, round mouth or square mouth with the head exposed above the water.\n\t\t&#8220;Resident&#8221; means any person who maintains his principal place of abode in Virginia with the intent to make Virginia his domicile.\n\t\t&#8220;Shoals&#8221; means subaqueous elevations covered by water less than four feet deep at mean low water.","order_by":null,"text":{"0":{"id":298838,"text":"As used in this subtitle, unless the context requires a different meaning:\n\t\t&#8220;Cultured hard-shell clams&#8221; means hard-shell clams (Mercenaria mercenaria) that have been spawned in a hatchery or controlled setting for the purpose of producing seed clams (juveniles), and planted on leased grounds, floating structures, or other privately controlled growing areas, and covered with netting or otherwise protected from predators until harvested.\n\t\t&#8220;Haul seine&#8221; means a net made of mesh webbing which may include a pocket and a wing net, set vertically in water and pulled by hand or power to capture and confine fish by encirclement.\n\t\t&#8220;James River seed area&#8221; means that area in the James River and its tributaries above a line drawn from Cooper&#8217;s Creek in Isle of Wight County on the south side of the James River to a line in a northeasterly direction across the James River to the Newport News municipal water tank located on Warwick Boulevard between 59th Street and 60th Street in the City of Newport News.\n\t\t&#8220;Mouth of the Rappahannock River&#8221; means the area beginning at Stingray Point, Middlesex County, at the United States Army Corps of Engineers survey station &#8220;Bird,&#8221; an aluminum disk set in the top of a concrete monument, being located at coordinates 453,785.17 North, 2,638,116.66 East, 1927 North American Datum &#8212; Virginia South Zone; thence 12 degrees 52&#8242; 35&#8243; (grid azimuth) 20,846.73 feet to a point on the Eastern side of Windmill Point, Lancaster County, designated as Virginia Marine Resources Commission survey station &#8220;Windmill,&#8221; a one and one-half inch iron pipe driven flush with the ground, being located at coordinates 474,107.68 North, 2,642,762.29 East, 1927 North American Datum &#8212; Virginia South Zone.\n\t\t&#8220;Pound net&#8221; means any net having a funnel mouth, round mouth or square mouth with the head exposed above the water.\n\t\t&#8220;Resident&#8221; means any person who maintains his principal place of abode in Virginia with the intent to make Virginia his domicile.\n\t\t&#8220;Shoals&#8221; means subaqueous elevations covered by water less than four feet deep at mean low water.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15896,"edition_id":1,"name":"Powers and Duties","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12815,"metadata":{},"date_created":"2026-06-26 04:01:26","date_modified":"2026-06-26 04:01:26","permalink":{"id":190763,"object_type":"structure","relational_id":15896,"identifier":"1","token":"28.2\/II\/2\/1","url":"\/28.2\/II\/2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12815,"edition_id":1,"name":"General Provisions","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190761,"object_type":"structure","relational_id":12815,"identifier":"2","token":"28.2\/II\/2","url":"\/28.2\/II\/2\/","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":83406,"structure_id":15896,"section_number":"28.2-200","catch_line":"Definitions","url":"\/28.2-200\/","token":"28.2\/II\/2\/1\/28.2-200","metadata":false},{"id":65052,"structure_id":15896,"section_number":"28.2-201","catch_line":"Authority of Commission to make regulations, establish licenses, and prepare fishery management plans; accept federal grants; enforcement; penalty for violation of regulation","url":"\/28.2-201\/","token":"28.2\/II\/2\/1\/28.2-201","metadata":false},{"id":84816,"structure_id":15896,"section_number":"28.2-201.1","catch_line":"Commission to administer grants to individuals transferring oysters to a state-managed sanctuary; fund","url":"\/28.2-201.1\/","token":"28.2\/II\/2\/1\/28.2-201.1","metadata":false},{"id":73500,"structure_id":15896,"section_number":"28.2-202","catch_line":"Commissioner; fishery powers","url":"\/28.2-202\/","token":"28.2\/II\/2\/1\/28.2-202","metadata":false},{"id":71402,"structure_id":15896,"section_number":"28.2-203","catch_line":"Commission to prepare fishery management plans; standards","url":"\/28.2-203\/","token":"28.2\/II\/2\/1\/28.2-203","metadata":false},{"id":71649,"structure_id":15896,"section_number":"28.2-203.1","catch_line":"Blue crab fishery management plan","url":"\/28.2-203.1\/","token":"28.2\/II\/2\/1\/28.2-203.1","metadata":false},{"id":85265,"structure_id":15896,"section_number":"28.2-204","catch_line":"Authority to collect fisheries statistics","url":"\/28.2-204\/","token":"28.2\/II\/2\/1\/28.2-204","metadata":false},{"id":72278,"structure_id":15896,"section_number":"28.2-204.1","catch_line":"Limited sale of gear licenses and permits; regulations","url":"\/28.2-204.1\/","token":"28.2\/II\/2\/1\/28.2-204.1","metadata":false},{"id":73405,"structure_id":15896,"section_number":"28.2-205","catch_line":"Scientific collection permits; penalty","url":"\/28.2-205\/","token":"28.2\/II\/2\/1\/28.2-205","metadata":false},{"id":86367,"structure_id":15896,"section_number":"28.2-206","catch_line":"Virginia Saltwater Sport Fishing Tournament","url":"\/28.2-206\/","token":"28.2\/II\/2\/1\/28.2-206","metadata":false},{"id":79448,"structure_id":15896,"section_number":"28.2-207","catch_line":"Tournament Advisory Committee continued","url":"\/28.2-207\/","token":"28.2\/II\/2\/1\/28.2-207","metadata":false},{"id":61585,"structure_id":15896,"section_number":"28.2-208","catch_line":"Marine Fishing Improvement Fund continued","url":"\/28.2-208\/","token":"28.2\/II\/2\/1\/28.2-208","metadata":false},{"id":64702,"structure_id":15896,"section_number":"28.2-208.1","catch_line":"Commercial Fishing Advisory Board established","url":"\/28.2-208.1\/","token":"28.2\/II\/2\/1\/28.2-208.1","metadata":false},{"id":73975,"structure_id":15896,"section_number":"28.2-208.2","catch_line":"Menhaden Management Advisory Committee established","url":"\/28.2-208.2\/","token":"28.2\/II\/2\/1\/28.2-208.2","metadata":false},{"id":66425,"structure_id":15896,"section_number":"28.2-208.3","catch_line":"Fisheries Innovation for Sustainable Harvest Fund","url":"\/28.2-208.3\/","token":"28.2\/II\/2\/1\/28.2-208.3","metadata":false}],"next_section":{"id":65052,"structure_id":15896,"section_number":"28.2-201","catch_line":"Authority of Commission to make regulations, establish licenses, and prepare fishery management plans; accept federal grants; enforcement; penalty for violation of regulation","url":"\/28.2-201\/","token":"28.2\/II\/2\/1\/28.2-201","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-200\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 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 1954, chapter 38; in 1958, chapters 182 and 476; in 1960, chapter 517; in 1962, chapter 406; in 1966, chapter 684; in 1968, chapters 746 and 747; in 1972, chapter 472; in 1978, chapter 208; in 1980, chapter 325; in 1981, chapter 52; in 1986, chapter 254; in 1992, chapter 836; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0124\">124<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0604\">604<\/a>.<\/p>","references":[{"id":81133,"section_number":"28.2-634","catch_line":"Nonresidents; taking, planting oysters prohibited; penalty","order_by":null,"url":"\/28.2-634\/"},{"id":59434,"section_number":"3.2-2705","catch_line":"Virginia Marine Products Fund established","order_by":null,"url":"\/3.2-2705\/"}],"refers_to":false,"permalink":{"id":190765,"object_type":"law","relational_id":83406,"identifier":"28.2-200","token":"28.2\/II\/2\/1\/28.2-200","url":"\/28.2-200\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-200\/","token":"28.2\/II\/2\/1\/28.2-200","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-200","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this subtitle, unless the context requires a different meaning:\n\t\t&#8220;<span class=\"dictionary\">Cultured hard-shell clams<\/span>&#8221; means hard-shell clams (Mercenaria mercenaria) that have been spawned in a hatchery or controlled setting for the purpose of producing seed clams (juveniles), and planted on leased grounds, floating structures, or other privately controlled growing areas, and covered with netting or otherwise protected from predators until harvested.\n\t\t&#8220;<span class=\"dictionary\">Haul seine<\/span>&#8221; means a net made of mesh webbing which may include a pocket and a wing net, set vertically in water and pulled by hand or power to capture and confine <span class=\"dictionary\">fish<\/span> by encirclement.\n\t\t&#8220;<span class=\"dictionary\">James River seed area<\/span>&#8221; means that area in the James River and its tributaries above a line drawn from Cooper&#8217;s Creek in Isle of Wight County on the south side of the James River to a line in a northeasterly direction across the James River to the Newport News municipal water tank located on Warwick Boulevard between 59th Street and 60th Street in the City of Newport News.\n\t\t&#8220;<span class=\"dictionary\">Mouth of the Rappahannock River<\/span>&#8221; means the area beginning at Stingray Point, Middlesex County, at the United States Army Corps of Engineers survey station &#8220;Bird,&#8221; an aluminum disk set in the top of a concrete monument, being located at coordinates 453,785.17 North, 2,638,116.66 East, 1927 North American Datum &#8212; Virginia South Zone; thence 12 degrees 52&#8242; 35&#8243; (grid azimuth) 20,846.73 feet to a point on the Eastern side of Windmill Point, Lancaster County, designated as Virginia Marine Resources <span class=\"dictionary\">Commission<\/span> survey station &#8220;Windmill,&#8221; a one and one-half inch iron pipe driven flush with the ground, being located at coordinates 474,107.68 North, 2,642,762.29 East, 1927 North American Datum &#8212; Virginia South Zone.\n\t\t&#8220;<span class=\"dictionary\">Pound net<\/span>&#8221; means any net having a funnel mouth, round mouth or square mouth with the head exposed above the water.\n\t\t&#8220;<span class=\"dictionary\">Resident<\/span>&#8221; means any person who maintains his principal place of abode in Virginia with the <span class=\"dictionary\">intent<\/span> to make Virginia his domicile.\n\t\t&#8220;<span class=\"dictionary\">Shoals<\/span>&#8221; means subaqueous elevations covered by water less than four feet deep at mean low water.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 28.2-200)\n\nAs used in this subtitle, unless the context requires a different meaning:\n\t\t&#8220;Cultured hard-shell clams&#8221; means hard-shell clams (Mercenaria\nmercenaria) that have been spawned in a hatchery or controlled setting for the\npurpose of producing seed clams (juveniles), and planted on leased grounds,\nfloating structures, or other privately controlled growing areas, and covered\nwith netting or otherwise protected from predators until harvested.\n\t\t&#8220;Haul seine&#8221; means a net made of mesh webbing which may include a\npocket and a wing net, set vertically in water and pulled by hand or power to\ncapture and confine fish by encirclement.\n\t\t&#8220;James River seed area&#8221; means that area in the James River and its\ntributaries above a line drawn from Cooper&#8217;s Creek in Isle of Wight County\non the south side of the James River to a line in a northeasterly direction\nacross the James River to the Newport News municipal water tank located on\nWarwick Boulevard between 59th Street and 60th Street in the City of Newport\nNews.\n\t\t&#8220;Mouth of the Rappahannock River&#8221; means the area beginning at\nStingray Point, Middlesex County, at the United States Army Corps of Engineers\nsurvey station &#8220;Bird,&#8221; an aluminum disk set in the top of a concrete\nmonument, being located at coordinates 453,785.17 North, 2,638,116.66 East, 1927\nNorth American Datum &#8212; Virginia South Zone; thence 12 degrees 52&#8242;\n35&#8243; (grid azimuth) 20,846.73 feet to a point on the Eastern side of\nWindmill Point, Lancaster County, designated as Virginia Marine Resources\nCommission survey station &#8220;Windmill,&#8221; a one and one-half inch iron\npipe driven flush with the ground, being located at coordinates 474,107.68\nNorth, 2,642,762.29 East, 1927 North American Datum &#8212; Virginia South Zone.\n\t\t&#8220;Pound net&#8221; means any net having a funnel mouth, round mouth or\nsquare mouth with the head exposed above the water.\n\t\t&#8220;Resident&#8221; means any person who maintains his principal place of\nabode in Virginia with the intent to make Virginia his domicile.\n\t\t&#8220;Shoals&#8221; means subaqueous elevations covered by water less than\nfour feet deep at mean low water.\n\nHISTORY: Code 1950, \u00a7\u00a7 28-1, 28-46, 28-93, 28-93.1, 28-93.2, 28-112, 28-201.4;\n1954, c. 38; 1958, cc. 182, 476; 1960, c. 517; 1962, c. 406, \u00a7\u00a7 28.1-1,\n28.1-51, 28.1-98, 28.1-148; 1966, c. 684; 1968, cc. 746, 747; 1972, c. 472;\n1978, c. 208; 1980, c. 325; 1981, c. 52; 1986, c. 254; 1992, c. 836; 1994, c.\n124; 2003, c. 604.","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}}