{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-201.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-201.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-201.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-201.html"}],"law_id":65052,"edition_id":1,"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","history":"Code 1950, \u00a7 28-43; 1960, c. 517; 1962, c. 406, \u00a7\u00a7 28.1-23, 28.1-48; 1966, c. 684; 1968, cc. 748, 749; 1972, c. 833; 1973, cc. 21, 411, \u00a7 28.1-120.1; 1976, c. 392; 1979, c. 274; 1981, c. 61; 1983, cc. 307, 318; 1984, c. 463; 1990, c. 445; 1992, c. 836; 1995, c. 136; 2004, c. 860; 2006, c. 5; 2009, c. 371; 2020, cc. 201, 356.","full_text":"The Commission may:\n\n1\n\nAdopt regulations, including those for taking seafood, necessary to promote the general welfare of the seafood industry and to conserve and promote the seafood and marine resources of the Commonwealth. The Commission may also adopt regulations necessary for the conservation and reasonable use of surf clams.2\n\nEstablish new licenses and fees commensurate with other licenses in an amount not to exceed $100 for any device used for taking or catching seafood in the tidal waters of the Commonwealth when the device (i) is not otherwise licensed in this title and (ii) is used for commercial purposes. The Commission may specify, when issuing such licenses, any restrictions or control over the devices or the persons operating the device.3\n\nEstablish fees for permits required for delayed or limited entry fisheries, shellfish relaying, scientific collections, and for the administrative transfer of these permits among fisherman, where applicable.4\n\nBeginning July 1, 2004, and not more frequently than every three years thereafter, increase fees for tidal fisheries licenses and permits that are authorized under this title or by regulation adopted pursuant to Article 2 (§ 28.2-209 et seq.). Any fee increase for such licenses and permits shall be capped at $5 or a percentage equal to the increase in the Consumer Price Index calculated from the time the fee was last set or adjusted, whichever is greater. Beginning July 1, 2004, any amounts generated from the increases in commercial fishing licenses and permits shall be paid into the Marine Fishing Improvement Fund for the purposes authorized by § 28.2-208, and any amounts generated from the increases in recreational fishing licenses shall be paid into the Virginia Saltwater Recreational Fishing Development Fund for the purposes authorized by § 28.2-302.3. The Commission may charge nonresidents a higher fee than residents for purchase of any of the fishing licenses issued pursuant to §§ 28.2-302.2, 28.2-302.2:1, 28.2-302.6, 28.2-302.7, 28.2-302.8, 28.2-302.10, and 28.2-302.10:1. The fee charged to a nonresident shall be no greater than twice the Virginia resident fee. The Commission may prohibit the sale of the private boat license established by § 28.2-302.7 to a nonresident whose boat is not registered in Virginia.5\n\nThe Commission shall ensure that increases in licenses and fees are equitably distributed among resource user groups.6\n\nPrepare fishery management plans containing evaluations of regulatory management options, based upon scientific, economic, biological, and sociological information, and use them in the development of regulations. The Commissioner may appoint a fisheries advisory committee and its chairman, consisting of representatives of the various fishery user groups, to assist in the preparation and implementation of the fishery management plans. The Commission may expend funds to compensate the members of the committee pursuant to § 2.2-2825.7\n\nProvide for enforcement of any regulation governing surf clams by any law-enforcement officer of any agency of the Commonwealth or its political subdivisions or by any law-enforcement officer of any agency of the federal government. Enforcement agreements with other agencies or political subdivisions shall be stated in the regulation.8\n\nThe Commonwealth hereby assents to the provisions of the Federal Aid in Sport Fish Restoration Act of August 9, 1950 (16 U.S.C. §§ 777-777k), as amended. The Commission is authorized to perform all such acts as may be necessary for the establishment and implementation of cooperative fish restoration and management projects as defined by these federal statutes and the implementing regulations adopted thereunder.\n\t\t\tNotwithstanding any provision of Chapter 4 (§ 28.2-400 et seq.), the Commission shall have the exclusive authority to manage Atlantic menhaden and shall adopt regulations necessary for its management, including those necessary to comply with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Menhaden. The Commission shall only adopt regulations for the management of menhaden between October 1 and December 31 unless regulatory action is necessary to address an emergency situation pursuant to § 28.2-210 or to ensure compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Menhaden. Any regulation for the management of Atlantic menhaden shall be subject to judicial review in accordance with the provisions of § 28.2-215.","order_by":null,"text":{"0":{"id":236788,"text":"The Commission may:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":236789,"text":"Adopt regulations, including those for taking seafood, necessary to promote the general welfare of the seafood industry and to conserve and promote the seafood and marine resources of the Commonwealth. The Commission may also adopt regulations necessary for the conservation and reasonable use of surf clams.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":236790,"text":"Establish new licenses and fees commensurate with other licenses in an amount not to exceed $100 for any device used for taking or catching seafood in the tidal waters of the Commonwealth when the device (i) is not otherwise licensed in this title and (ii) is used for commercial purposes. The Commission may specify, when issuing such licenses, any restrictions or control over the devices or the persons operating the device.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":236791,"text":"Establish fees for permits required for delayed or limited entry fisheries, shellfish relaying, scientific collections, and for the administrative transfer of these permits among fisherman, where applicable.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":236792,"text":"Beginning July 1, 2004, and not more frequently than every three years thereafter, increase fees for tidal fisheries licenses and permits that are authorized under this title or by regulation adopted pursuant to Article 2 (§ 28.2-209 et seq.). Any fee increase for such licenses and permits shall be capped at $5 or a percentage equal to the increase in the Consumer Price Index calculated from the time the fee was last set or adjusted, whichever is greater. Beginning July 1, 2004, any amounts generated from the increases in commercial fishing licenses and permits shall be paid into the Marine Fishing Improvement Fund for the purposes authorized by § 28.2-208, and any amounts generated from the increases in recreational fishing licenses shall be paid into the Virginia Saltwater Recreational Fishing Development Fund for the purposes authorized by § 28.2-302.3. The Commission may charge nonresidents a higher fee than residents for purchase of any of the fishing licenses issued pursuant to §§ 28.2-302.2, 28.2-302.2:1, 28.2-302.6, 28.2-302.7, 28.2-302.8, 28.2-302.10, and 28.2-302.10:1. The fee charged to a nonresident shall be no greater than twice the Virginia resident fee. The Commission may prohibit the sale of the private boat license established by § 28.2-302.7 to a nonresident whose boat is not registered in Virginia.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":236793,"text":"The Commission shall ensure that increases in licenses and fees are equitably distributed among resource user groups.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":236794,"text":"Prepare fishery management plans containing evaluations of regulatory management options, based upon scientific, economic, biological, and sociological information, and use them in the development of regulations. The Commissioner may appoint a fisheries advisory committee and its chairman, consisting of representatives of the various fishery user groups, to assist in the preparation and implementation of the fishery management plans. The Commission may expend funds to compensate the members of the committee pursuant to § 2.2-2825.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":236795,"text":"Provide for enforcement of any regulation governing surf clams by any law-enforcement officer of any agency of the Commonwealth or its political subdivisions or by any law-enforcement officer of any agency of the federal government. Enforcement agreements with other agencies or political subdivisions shall be stated in the regulation.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":236796,"text":"The Commonwealth hereby assents to the provisions of the Federal Aid in Sport Fish Restoration Act of August 9, 1950 (16 U.S.C. §§ 777-777k), as amended. The Commission is authorized to perform all such acts as may be necessary for the establishment and implementation of cooperative fish restoration and management projects as defined by these federal statutes and the implementing regulations adopted thereunder.\n\t\t\tNotwithstanding any provision of Chapter 4 (§ 28.2-400 et seq.), the Commission shall have the exclusive authority to manage Atlantic menhaden and shall adopt regulations necessary for its management, including those necessary to comply with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Menhaden. The Commission shall only adopt regulations for the management of menhaden between October 1 and December 31 unless regulatory action is necessary to address an emergency situation pursuant to § 28.2-210 or to ensure compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Menhaden. Any regulation for the management of Atlantic menhaden shall be subject to judicial review in accordance with the provisions of § 28.2-215.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7"}},"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":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},"next_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","url":"\/28.2-201.1\/","token":"28.2\/II\/2\/1\/28.2-201.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-201\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 18 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 1960, chapter 517; in 1962, chapter 406; in 1966, chapter 684; in 1968, chapters 748 and 749; in 1972, chapter 833; in 1973, chapters 21 and 411; in 1976, chapter 392; in 1979, chapter 274; in 1981, chapter 61; in 1983, chapters 307 and 318; in 1984, chapter 463; in 1990, chapter 445; in 1992, chapter 836; in 1995, chapter 136<\/a>; in 2004, chapter 860<\/a>; in 2006, chapter 5<\/a>; in 2009, chapter 371<\/a>; in 2020, chapters 201<\/a> and 356<\/a>.<\/p>","references":[{"id":70209,"section_number":"28.2-226.2","catch_line":"Commission to establish requirements for commercial gear licenses used for recreational purposes","order_by":null,"url":"\/28.2-226.2\/"},{"id":59640,"section_number":"28.2-227","catch_line":"Special nonresident harvester's license; fee and oath; revocation; penalty","order_by":null,"url":"\/28.2-227\/"},{"id":68479,"section_number":"28.2-228.1","catch_line":"Seafood landing licenses","order_by":null,"url":"\/28.2-228.1\/"},{"id":77888,"section_number":"28.2-301","catch_line":"License fee for fishing in tidal waters","order_by":null,"url":"\/28.2-301\/"},{"id":57229,"section_number":"28.2-302","catch_line":"Commercial fishing pier; license fee; penalty","order_by":null,"url":"\/28.2-302\/"},{"id":66557,"section_number":"28.2-302.10","catch_line":"Special lifetime saltwater recreational fishing license; permanently and totally disabled persons","order_by":null,"url":"\/28.2-302.10\/"},{"id":71001,"section_number":"28.2-302.10:1","catch_line":"Lifetime saltwater recreational fishing licenses for residents and nonresidents","order_by":null,"url":"\/28.2-302.10_1\/"},{"id":85858,"section_number":"28.2-302.2","catch_line":"Recreational license fee; cooperative program","order_by":null,"url":"\/28.2-302.2\/"},{"id":86840,"section_number":"28.2-302.2:1","catch_line":"Special combined individual sportfishing licenses","order_by":null,"url":"\/28.2-302.2_1\/"},{"id":61050,"section_number":"28.2-302.6","catch_line":"Temporary license","order_by":null,"url":"\/28.2-302.6\/"},{"id":82867,"section_number":"28.2-302.7","catch_line":"Recreational boat; reporting of catch","order_by":null,"url":"\/28.2-302.7\/"},{"id":76744,"section_number":"28.2-302.7:1","catch_line":"Reissuance of licenses for recreational boats","order_by":null,"url":"\/28.2-302.7_1\/"},{"id":70461,"section_number":"28.2-302.8","catch_line":"Headboat or charterboat; rental boats","order_by":null,"url":"\/28.2-302.8\/"},{"id":74897,"section_number":"28.2-302.9","catch_line":"Commercial fishing pier","order_by":null,"url":"\/28.2-302.9\/"},{"id":72316,"section_number":"28.2-314","catch_line":"Trawl nets and drag nets prohibited; exception; license fee; penalty","order_by":null,"url":"\/28.2-314\/"},{"id":62052,"section_number":"28.2-402","catch_line":"License fee to take menhaden with purse nets","order_by":null,"url":"\/28.2-402\/"},{"id":71530,"section_number":"28.2-502","catch_line":"License fees for taking oysters or clams in tidal waters","order_by":null,"url":"\/28.2-502\/"},{"id":64125,"section_number":"28.2-702","catch_line":"Licenses to take crabs; shedding operations; amount of fee","order_by":null,"url":"\/28.2-702\/"}],"refers_to":[{"id":61585,"section_number":"28.2-208","catch_line":"Marine Fishing Improvement Fund continued","order_by":null,"url":"\/28.2-208\/"},{"id":72654,"section_number":"28.2-209","catch_line":"Publication of proposed regulations","order_by":null,"url":"\/28.2-209\/"},{"id":77525,"section_number":"28.2-210","catch_line":"Adoption of emergency regulations","order_by":null,"url":"\/28.2-210\/"},{"id":61932,"section_number":"28.2-215","catch_line":"Judicial review of validity of regulations","order_by":null,"url":"\/28.2-215\/"},{"id":66557,"section_number":"28.2-302.10","catch_line":"Special lifetime saltwater recreational fishing license; permanently and totally disabled persons","order_by":null,"url":"\/28.2-302.10\/"},{"id":71001,"section_number":"28.2-302.10:1","catch_line":"Lifetime saltwater recreational fishing licenses for residents and nonresidents","order_by":null,"url":"\/28.2-302.10_1\/"},{"id":85858,"section_number":"28.2-302.2","catch_line":"Recreational license fee; cooperative program","order_by":null,"url":"\/28.2-302.2\/"},{"id":86840,"section_number":"28.2-302.2:1","catch_line":"Special combined individual sportfishing licenses","order_by":null,"url":"\/28.2-302.2_1\/"},{"id":57031,"section_number":"28.2-302.3","catch_line":"Virginia Saltwater Recreational Fishing Development Fund established","order_by":null,"url":"\/28.2-302.3\/"},{"id":61050,"section_number":"28.2-302.6","catch_line":"Temporary license","order_by":null,"url":"\/28.2-302.6\/"},{"id":82867,"section_number":"28.2-302.7","catch_line":"Recreational boat; reporting of catch","order_by":null,"url":"\/28.2-302.7\/"},{"id":70461,"section_number":"28.2-302.8","catch_line":"Headboat or charterboat; rental boats","order_by":null,"url":"\/28.2-302.8\/"},{"id":74572,"section_number":"28.2-400","catch_line":"Application for license for resident or nonresident to catch menhaden","order_by":null,"url":"\/28.2-400\/"}],"permalink":{"id":190769,"object_type":"law","relational_id":65052,"identifier":"28.2-201","token":"28.2\/II\/2\/1\/28.2-201","url":"\/28.2-201\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-201\/","token":"28.2\/II\/2\/1\/28.2-201","dublin_core":{"Title":"Authority of Commission to make regulations, establish licenses, and prepare fishery management plans; accept federal grants; enforcement; penalty for violation of regulation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-201","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Commission<\/span> may:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Adopt regulations, including those for taking seafood, necessary to promote the general welfare of the seafood industry and to conserve and promote the seafood and marine resources of the Commonwealth. The Commission<\/span> may also adopt regulations necessary for the conservation and reasonable use of surf clams. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Establish new licenses and fees commensurate with other licenses in an amount not to exceed $100 for any device used for taking or catching seafood in the tidal waters of the Commonwealth when the device (i) is not otherwise licensed in this title and (ii) is used for commercial purposes. The Commission<\/span> may specify, when issuing such licenses, any restrictions or control over the devices or the persons operating the device. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Establish fees for permits required for delayed or limited entry fisheries<\/span>, shellfish<\/span> relaying, scientific collections, and for the administrative transfer of these permits among fisherman, where applicable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Beginning July 1, 2004, and not more frequently than every three years thereafter, increase fees for tidal fisheries<\/span> licenses and permits that are authorized under this title or by regulation adopted pursuant to Article 2 (§ 28.2-209<\/a> et seq.). Any fee increase for such licenses and permits shall be capped at $5 or a percentage equal to the increase in the Consumer Price Index calculated from the time the fee was last set or adjusted, whichever is greater. Beginning July 1, 2004, any amounts generated from the increases in commercial fishing<\/span> licenses and permits shall be paid into the Marine Fishing<\/span> Improvement Fund for the purposes authorized by § 28.2-208<\/a>, and any amounts generated from the increases in recreational fishing<\/span> licenses shall be paid into the Virginia Saltwater Recreational Fishing<\/span> Development Fund for the purposes authorized by § 28.2-302.3<\/a>. The Commission<\/span> may charge nonresidents a higher fee than residents<\/span> for purchase of any of the fishing<\/span> licenses issued pursuant to §§ 28.2-302.2<\/a>, 28.2-302.2:1<\/a>, 28.2-302.6<\/a>, 28.2-302.7<\/a>, 28.2-302.8<\/a>, 28.2-302.10<\/a>, and 28.2-302.10:1<\/a>. The fee charged to a nonresident shall be no greater than twice the Virginia resident<\/span> fee. The Commission<\/span> may prohibit the sale of the private boat license established by § 28.2-302.7<\/a> to a nonresident whose boat is not registered in Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The Commission<\/span> shall ensure that increases in licenses and fees are equitably distributed among resource user groups. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Prepare fishery management plans containing evaluations of regulatory management options, based upon scientific, economic, biological, and sociological information, and use them in the development of regulations. The Commissioner<\/span> may appoint a fisheries<\/span> advisory committee and its chairman, consisting of representatives of the various fishery user groups, to assist in the preparation and implementation of the fishery management plans. The Commission<\/span> may expend funds to compensate the members of the committee pursuant to § 2.2-2825<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Provide for enforcement of any regulation governing surf clams by any law<\/span>-enforcement officer<\/span> of any agency of the Commonwealth or its political subdivisions or by any law<\/span>-enforcement officer<\/span> of any agency of the federal government. Enforcement agreements with other agencies or political subdivisions shall be stated in the regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The Commonwealth hereby assents to the provisions of the Federal Aid in Sport Fish<\/span> Restoration Act of August 9, 1950 (16 U.S.C. §§ 777-777k), as amended. The Commission<\/span> is authorized to perform all such acts as may be necessary for the establishment and implementation of cooperative fish<\/span> restoration and management projects as defined by these federal statutes<\/span> and the implementing regulations adopted thereunder.\n\t\t\tNotwithstanding any provision of Chapter 4 (§ 28.2-400<\/a> et seq.), the Commission<\/span> shall have the exclusive authority to manage Atlantic menhaden and shall adopt regulations necessary for its management, including those necessary to comply with the Atlantic States Marine Fisheries<\/span> Commission<\/span> Interstate Fishery Management Plan for Atlantic Menhaden. The Commission<\/span> shall only adopt regulations for the management of menhaden between October 1 and December 31 unless regulatory action is necessary to address an emergency situation pursuant to § 28.2-210<\/a> or to ensure compliance with the Atlantic States Marine Fisheries<\/span> Commission<\/span> Interstate Fishery Management Plan for Atlantic Menhaden. Any regulation for the management of Atlantic menhaden shall be subject to judicial review in accordance with the provisions of § 28.2-215<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY OF COMMISSION TO MAKE REGULATIONS, ESTABLISH LICENSES, AND PREPARE\nFISHERY MANAGEMENT PLANS; ACCEPT FEDERAL GRANTS; ENFORCEMENT; PENALTY FOR\nVIOLATION OF REGULATION (\u00a7 28.2-201)\n\nThe Commission may:\n\n1. Adopt regulations, including those for taking seafood, necessary to promote\nthe general welfare of the seafood industry and to conserve and promote the\nseafood and marine resources of the Commonwealth. The Commission may also adopt\nregulations necessary for the conservation and reasonable use of surf clams.\n\n2. Establish new licenses and fees commensurate with other licenses in an amount\nnot to exceed $100 for any device used for taking or catching seafood in the\ntidal waters of the Commonwealth when the device (i) is not otherwise licensed\nin this title and (ii) is used for commercial purposes. The Commission may\nspecify, when issuing such licenses, any restrictions or control over the\ndevices or the persons operating the device.\n\n3. Establish fees for permits required for delayed or limited entry fisheries,\nshellfish relaying, scientific collections, and for the administrative transfer\nof these permits among fisherman, where applicable.\n\n4. Beginning July 1, 2004, and not more frequently than every three years\nthereafter, increase fees for tidal fisheries licenses and permits that are\nauthorized under this title or by regulation adopted pursuant to Article 2\n(§ 28.2-209 et seq.). Any fee increase for such licenses and permits shall\nbe capped at $5 or a percentage equal to the increase in the Consumer Price\nIndex calculated from the time the fee was last set or adjusted, whichever is\ngreater. Beginning July 1, 2004, any amounts generated from the increases in\ncommercial fishing licenses and permits shall be paid into the Marine Fishing\nImprovement Fund for the purposes authorized by § 28.2-208, and any amounts\ngenerated from the increases in recreational fishing licenses shall be paid into\nthe Virginia Saltwater Recreational Fishing Development Fund for the purposes\nauthorized by § 28.2-302.3. The Commission may charge nonresidents a higher\nfee than residents for purchase of any of the fishing licenses issued pursuant\nto §§ 28.2-302.2, 28.2-302.2:1, 28.2-302.6, 28.2-302.7, 28.2-302.8,\n28.2-302.10, and 28.2-302.10:1. The fee charged to a nonresident shall be no\ngreater than twice the Virginia resident fee. The Commission may prohibit the\nsale of the private boat license established by § 28.2-302.7 to a\nnonresident whose boat is not registered in Virginia.\n\n5. The Commission shall ensure that increases in licenses and fees are equitably\ndistributed among resource user groups.\n\n6. Prepare fishery management plans containing evaluations of regulatory\nmanagement options, based upon scientific, economic, biological, and\nsociological information, and use them in the development of regulations. The\nCommissioner may appoint a fisheries advisory committee and its chairman,\nconsisting of representatives of the various fishery user groups, to assist in\nthe preparation and implementation of the fishery management plans. The\nCommission may expend funds to compensate the members of the committee pursuant\nto § 2.2-2825.\n\n7. Provide for enforcement of any regulation governing surf clams by any\nlaw-enforcement officer of any agency of the Commonwealth or its political\nsubdivisions or by any law-enforcement officer of any agency of the federal\ngovernment. Enforcement agreements with other agencies or political subdivisions\nshall be stated in the regulation.\n\n8. The Commonwealth hereby assents to the provisions of the Federal Aid in Sport\nFish Restoration Act of August 9, 1950 (16 U.S.C. §§ 777-777k), as\namended. The Commission is authorized to perform all such acts as may be\nnecessary for the establishment and implementation of cooperative fish\nrestoration and management projects as defined by these federal statutes and the\nimplementing regulations adopted thereunder.\n\t\t\tNotwithstanding any provision of Chapter 4 (§ 28.2-400 et seq.), the\nCommission shall have the exclusive authority to manage Atlantic menhaden and\nshall adopt regulations necessary for its management, including those necessary\nto comply with the Atlantic States Marine Fisheries Commission Interstate\nFishery Management Plan for Atlantic Menhaden. The Commission shall only adopt\nregulations for the management of menhaden between October 1 and December 31\nunless regulatory action is necessary to address an emergency situation pursuant\nto § 28.2-210 or to ensure compliance with the Atlantic States Marine\nFisheries Commission Interstate Fishery Management Plan for Atlantic Menhaden.\nAny regulation for the management of Atlantic menhaden shall be subject to\njudicial review in accordance with the provisions of § 28.2-215.\n\nHISTORY: Code 1950, \u00a7 28-43; 1960, c. 517; 1962, c. 406, \u00a7\u00a7 28.1-23, 28.1-48;\n1966, c. 684; 1968, cc. 748, 749; 1972, c. 833; 1973, cc. 21, 411, \u00a7\n28.1-120.1; 1976, c. 392; 1979, c. 274; 1981, c. 61; 1983, cc. 307, 318; 1984,\nc. 463; 1990, c. 445; 1992, c. 836; 1995, c. 136; 2004, c. 860; 2006, c. 5;\n2009, c. 371; 2020, cc. 201, 356.","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}}