{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-201.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-201.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-201.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-201.1.html"}],"law_id":84816,"edition_id":1,"section_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","history":"2001, c. 819.","full_text":"For purposes of this section:\n\t\t“Fund” means the Oyster Growing Activities Fund.\n\t\t“Individual” means the same as that term is defined in \u00a7 58.1-302.\n\nA\n\nBeginning January 1, 2002, and ending 12:00 p.m. on December 31, 2011, any individual who (i) grows oysters during the calendar year pursuant to a valid Virginia Marine Resources Commission General Permit for Noncommercial Riparian Shellfish Growing Activities issued pursuant to regulations promulgated by the Commission according to the procedures established in Article 2 (§ 28.2-209 et seq.) of Chapter 2 of this title and (ii) is issued a written receipt from the Commission evidencing the transfer during such calendar year of at least five hundred oysters to a state-managed sanctuary reef, or to a designated organization or person authorized to take possession of such oysters for the purpose of depositing them on a state-managed sanctuary reef, shall be eligible for a grant from the Commonwealth.B\n\nThe grant paid for such oysters transferred during the calendar year shall be equal to the lesser of $300 or the amount paid by the individual in such calendar year to grow such oysters, including but not limited to the amount paid for equipment, materials and training.C\n\nThe Commission shall establish a process to issue a written receipt to any individual who grows and transfers oysters in accordance with the conditions of subsection A. Such receipt shall include the date and the number of such oysters transferred.D\n\nAn individual eligible for a grant under this section shall file an application for such grant with the Commissioner in person or by mail no later than March 31 of the calendar year following the calendar year in which the oysters were transferred to a state-managed sanctuary reef or to a designated organization or person authorized to take possession of such oysters for the purpose of depositing them on a state-managed sanctuary reef (or such later date determined by the Commissioner in his sole discretion). Such application shall include sales receipts and such other evidence required by the Commissioner for purposes of determining the amount paid by the individual to grow such oysters in the previous calendar year. Failure to meet the filing deadline shall render the individual ineligible to receive a grant for such calendar year. For filings by mail, the postmark cancellation shall govern the date of the filing determination. The Commissioner shall award grants only to those individuals who have been issued the written receipt described in subsection C.E\n\nWithin ninety days after the filing deadline in subsection D, the Commissioner shall certify to (i) the Comptroller and (ii) each applicant the amount of the grant to which such applicant is entitled under the provisions of this section. Payment of such grant shall be made by check issued by the State Treasurer on warrant of the Comptroller within sixty days of such certification.F\n\nGrants shall be awarded in the order in which grant applications are filed with the Commissioner. The Commissioner may not award any grant unless there are sufficient funds in the Fund from which such grant shall be paid. Any individual growing and transferring oysters as required under this section, but not receiving a grant for such transfer because of insufficient funds in the Fund, shall have no priority or right to any future moneys that may be appropriated or deposited into the Fund based on such prior transfer of oysters.G\n\nThere is hereby established the Oyster Growing Activities Fund to be administered by the Commission from which grants shall be paid to individuals for growing and transferring oysters to a state-managed sanctuary reef, or to a designated organization or person authorized to take possession of such oysters for the purpose of depositing them on a state-managed sanctuary reef, as provided in this section. The Fund shall consist of such funds as may be appropriated by the General Assembly from time to time. The Fund shall be established on the books of the Comptroller, and any funds, including interest, remaining in the Fund at the end of a fiscal year or a biennium shall not revert to the general fund but shall remain in the Fund. Interest earned on the Fund shall be credited to the Fund.","order_by":null,"text":{"0":{"id":303905,"text":"For purposes of this section:\n\t\t“Fund” means the Oyster Growing Activities Fund.\n\t\t“Individual” means the same as that term is defined in \u00a7 58.1-302.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"A"},"1":{"id":303906,"text":"Beginning January 1, 2002, and ending 12:00 p.m. on December 31, 2011, any individual who (i) grows oysters during the calendar year pursuant to a valid Virginia Marine Resources Commission General Permit for Noncommercial Riparian Shellfish Growing Activities issued pursuant to regulations promulgated by the Commission according to the procedures established in Article 2 (§ 28.2-209 et seq.) of Chapter 2 of this title and (ii) is issued a written receipt from the Commission evidencing the transfer during such calendar year of at least five hundred oysters to a state-managed sanctuary reef, or to a designated organization or person authorized to take possession of such oysters for the purpose of depositing them on a state-managed sanctuary reef, shall be eligible for a grant from the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"","next_prefix":"B"},"2":{"id":303907,"text":"The grant paid for such oysters transferred during the calendar year shall be equal to the lesser of $300 or the amount paid by the individual in such calendar year to grow such oysters, including but not limited to the amount paid for equipment, materials and training.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"3":{"id":303908,"text":"The Commission shall establish a process to issue a written receipt to any individual who grows and transfers oysters in accordance with the conditions of subsection A. Such receipt shall include the date and the number of such oysters transferred.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"4":{"id":303909,"text":"An individual eligible for a grant under this section shall file an application for such grant with the Commissioner in person or by mail no later than March 31 of the calendar year following the calendar year in which the oysters were transferred to a state-managed sanctuary reef or to a designated organization or person authorized to take possession of such oysters for the purpose of depositing them on a state-managed sanctuary reef (or such later date determined by the Commissioner in his sole discretion). Such application shall include sales receipts and such other evidence required by the Commissioner for purposes of determining the amount paid by the individual to grow such oysters in the previous calendar year. Failure to meet the filing deadline shall render the individual ineligible to receive a grant for such calendar year. For filings by mail, the postmark cancellation shall govern the date of the filing determination. The Commissioner shall award grants only to those individuals who have been issued the written receipt described in subsection C.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":303910,"text":"Within ninety days after the filing deadline in subsection D, the Commissioner shall certify to (i) the Comptroller and (ii) each applicant the amount of the grant to which such applicant is entitled under the provisions of this section. Payment of such grant shall be made by check issued by the State Treasurer on warrant of the Comptroller within sixty days of such certification.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"6":{"id":303911,"text":"Grants shall be awarded in the order in which grant applications are filed with the Commissioner. The Commissioner may not award any grant unless there are sufficient funds in the Fund from which such grant shall be paid. Any individual growing and transferring oysters as required under this section, but not receiving a grant for such transfer because of insufficient funds in the Fund, shall have no priority or right to any future moneys that may be appropriated or deposited into the Fund based on such prior transfer of oysters.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"7":{"id":303912,"text":"There is hereby established the Oyster Growing Activities Fund to be administered by the Commission from which grants shall be paid to individuals for growing and transferring oysters to a state-managed sanctuary reef, or to a designated organization or person authorized to take possession of such oysters for the purpose of depositing them on a state-managed sanctuary reef, as provided in this section. The Fund shall consist of such funds as may be appropriated by the General Assembly from time to time. The Fund shall be established on the books of the Comptroller, and any funds, including interest, remaining in the Fund at the end of a fiscal year or a biennium shall not revert to the general fund but shall remain in the Fund. Interest earned on the Fund shall be credited to the Fund.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-201.1\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 819<\/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":72654,"section_number":"28.2-209","catch_line":"Publication of proposed regulations","order_by":null,"url":"\/28.2-209\/"},{"id":82538,"section_number":"58.1-302","catch_line":"Definitions","order_by":null,"url":"\/58.1-302\/"}],"permalink":{"id":190773,"object_type":"law","relational_id":84816,"identifier":"28.2-201.1","token":"28.2\/II\/2\/1\/28.2-201.1","url":"\/28.2-201.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-201.1\/","token":"28.2\/II\/2\/1\/28.2-201.1","dublin_core":{"Title":"Commission to administer grants to individuals transferring oysters to a state-managed sanctuary; fund","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-201.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

For purposes of this section:\n\t\t“Fund<\/span>” means the Oyster Growing Activities Fund<\/span>.\n\t\t“Individual<\/span>” means the same as that term is defined in \u00a7 58.1-302<\/a>.<\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Beginning January 1, 2002, and ending 12:00 p.m. on December 31, 2011, any individual<\/span> who (i) grows oysters during the calendar year pursuant to a valid Virginia Marine Resources Commission<\/span> General Permit for Noncommercial Riparian Shellfish<\/span> Growing Activities issued pursuant to regulations promulgated by the Commission<\/span> according to the procedures established in Article 2 (§ 28.2-209<\/a> et seq.) of Chapter 2 of this title and (ii) is issued a written receipt from the Commission<\/span> evidencing the transfer during such calendar year of at least five hundred oysters to a state-managed sanctuary reef, or to a designated organization or person authorized to take possession<\/span> of such oysters for the purpose of depositing them on a state-managed sanctuary reef, shall be eligible for a grant from the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The grant paid for such oysters transferred during the calendar year shall be equal to the lesser of $300 or the amount paid by the individual<\/span> in such calendar year to grow such oysters, including but not limited to the amount paid for equipment, materials<\/span> and training. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission<\/span> shall establish a process to issue<\/span> a written receipt to any individual<\/span> who grows and transfers oysters in accordance with the conditions of subsection A. Such receipt shall include the date and the number of such oysters transferred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An individual<\/span> eligible for a grant under this section shall file an application for such grant with the Commissioner<\/span> in person or by mail no later than March 31 of the calendar year following the calendar year in which the oysters were transferred to a state-managed sanctuary reef or to a designated organization or person authorized to take possession<\/span> of such oysters for the purpose of depositing them on a state-managed sanctuary reef (or such later date determined by the Commissioner<\/span> in his sole discretion). Such application shall include sales receipts and such other evidence<\/span> required by the Commissioner<\/span> for purposes of determining the amount paid by the individual<\/span> to grow such oysters in the previous calendar year. Failure to meet the filing deadline shall render the individual<\/span> ineligible to receive a grant for such calendar year. For filings by mail, the postmark cancellation shall govern the date of the filing determination. The Commissioner<\/span> shall award grants only to those individuals<\/span> who have been issued the written receipt described in subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Within ninety days after the filing deadline in subsection D, the Commissioner<\/span> shall certify to (i) the Comptroller and (ii) each applicant the amount of the grant to which such applicant is entitled under the provisions of this section. Payment of such grant shall be made by check issued by the State Treasurer on warrant of the Comptroller within sixty days of such certification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Grants shall be awarded in the order<\/span> in which grant applications are filed with the Commissioner<\/span>. The Commissioner<\/span> may not award any grant unless there are sufficient funds<\/span> in the Fund<\/span> from which such grant shall be paid. Any individual<\/span> growing and transferring oysters as required under this section, but not receiving a grant for such transfer because of insufficient funds<\/span> in the Fund<\/span>, shall have no priority or right to any future moneys that may be appropriated or deposited into the Fund<\/span> based on such prior transfer of oysters. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> There is hereby established the Oyster Growing Activities Fund<\/span> to be administered by the Commission<\/span> from which grants shall be paid to individuals<\/span> for growing and transferring oysters to a state-managed sanctuary reef, or to a designated organization or person authorized to take possession<\/span> of such oysters for the purpose of depositing them on a state-managed sanctuary reef, as provided in this section. The Fund<\/span> shall consist of such funds<\/span> as may be appropriated by the General Assembly from time to time. The Fund<\/span> shall be established on the books of the Comptroller, and any funds<\/span>, including interest, remaining in the Fund<\/span> at the end of a fiscal year or a biennium shall not revert to the general fund<\/span> but shall remain in the Fund<\/span>. Interest earned on the Fund<\/span> shall be credited to the Fund<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMISSION TO ADMINISTER GRANTS TO INDIVIDUALS TRANSFERRING OYSTERS TO A\nSTATE-MANAGED SANCTUARY; FUND (\u00a7 28.2-201.1)\n\nFor purposes of this section:\n\t\t“Fund” means the Oyster Growing Activities Fund.\n\t\t“Individual” means the same as that term is defined in \u00a7\n58.1-302.\n\nA. Beginning January 1, 2002, and ending 12:00 p.m. on December 31, 2011, any\nindividual who (i) grows oysters during the calendar year pursuant to a valid\nVirginia Marine Resources Commission General Permit for Noncommercial Riparian\nShellfish Growing Activities issued pursuant to regulations promulgated by the\nCommission according to the procedures established in Article 2 (§ 28.2-209\net seq.) of Chapter 2 of this title and (ii) is issued a written receipt from\nthe Commission evidencing the transfer during such calendar year of at least\nfive hundred oysters to a state-managed sanctuary reef, or to a designated\norganization or person authorized to take possession of such oysters for the\npurpose of depositing them on a state-managed sanctuary reef, shall be eligible\nfor a grant from the Commonwealth.\n\nB. The grant paid for such oysters transferred during the calendar year shall be\nequal to the lesser of $300 or the amount paid by the individual in such\ncalendar year to grow such oysters, including but not limited to the amount paid\nfor equipment, materials and training.\n\nC. The Commission shall establish a process to issue a written receipt to any\nindividual who grows and transfers oysters in accordance with the conditions of\nsubsection A. Such receipt shall include the date and the number of such oysters\ntransferred.\n\nD. An individual eligible for a grant under this section shall file an\napplication for such grant with the Commissioner in person or by mail no later\nthan March 31 of the calendar year following the calendar year in which the\noysters were transferred to a state-managed sanctuary reef or to a designated\norganization or person authorized to take possession of such oysters for the\npurpose of depositing them on a state-managed sanctuary reef (or such later date\ndetermined by the Commissioner in his sole discretion). Such application shall\ninclude sales receipts and such other evidence required by the Commissioner for\npurposes of determining the amount paid by the individual to grow such oysters\nin the previous calendar year. Failure to meet the filing deadline shall render\nthe individual ineligible to receive a grant for such calendar year. For filings\nby mail, the postmark cancellation shall govern the date of the filing\ndetermination. The Commissioner shall award grants only to those individuals who\nhave been issued the written receipt described in subsection C.\n\nE. Within ninety days after the filing deadline in subsection D, the\nCommissioner shall certify to (i) the Comptroller and (ii) each applicant the\namount of the grant to which such applicant is entitled under the provisions of\nthis section. Payment of such grant shall be made by check issued by the State\nTreasurer on warrant of the Comptroller within sixty days of such certification.\n\nF. Grants shall be awarded in the order in which grant applications are filed\nwith the Commissioner. The Commissioner may not award any grant unless there are\nsufficient funds in the Fund from which such grant shall be paid. Any individual\ngrowing and transferring oysters as required under this section, but not\nreceiving a grant for such transfer because of insufficient funds in the Fund,\nshall have no priority or right to any future moneys that may be appropriated or\ndeposited into the Fund based on such prior transfer of oysters.\n\nG. There is hereby established the Oyster Growing Activities Fund to be\nadministered by the Commission from which grants shall be paid to individuals\nfor growing and transferring oysters to a state-managed sanctuary reef, or to a\ndesignated organization or person authorized to take possession of such oysters\nfor the purpose of depositing them on a state-managed sanctuary reef, as\nprovided in this section. The Fund shall consist of such funds as may be\nappropriated by the General Assembly from time to time. The Fund shall be\nestablished on the books of the Comptroller, and any funds, including interest,\nremaining in the Fund at the end of a fiscal year or a biennium shall not revert\nto the general fund but shall remain in the Fund. Interest earned on the Fund\nshall be credited to the Fund.\n\nHISTORY: 2001, c. 819.","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}}