{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-203.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-203.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-203.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-203.html"}],"law_id":71402,"edition_id":1,"section_id":71402,"structure_id":15896,"section_number":"28.2-203","catch_line":"Commission to prepare fishery management plans; standards","history":"1984, c. 463, \u00a7 28.1-23.1; 1992, c. 836.","full_text":"The Commission shall prepare and implement fishery management plans so as to preserve the Commonwealth’s exclusive right to manage the fisheries within its territorial jurisdiction.\n\t\tAny fishery management plan prepared, and any regulation promulgated to implement the plan, shall be consistent with the following standards for fishery conservation and management:\n\n1\n\nConservation and management measures shall prevent overfishing while achieving the optimum yield from each fishery. The “optimum yield” of a fishery means the amount of fish or shellfish which will provide the greatest overall benefit to the Commonwealth, with particular reference to commercial fishing for food production and to recreational fishing;2\n\nConservation and management measures shall be based upon the best scientific, economic, biological and sociological information available;3\n\nTo the extent practicable, an individual stock of fish shall be managed as a unit throughout the territorial waters of the Commonwealth, and interrelated stocks of fish shall be managed as a unit or in close coordination;4\n\nConservation and management measures shall not discriminate among user groups. If it becomes necessary to allocate or assign fishing privileges among various user groups, such allocation shall be (i) fair and equitable to all fishermen; (ii) reasonably calculated to promote conservation; and (iii) carried out in such manner that no person acquires an excessive share of such privileges;5\n\nConservation and management shall, where practicable, promote efficiency in the utilization of fishery resources, except that no such measure shall have economic allocation as its sole purpose;6\n\nConservation and management measures shall take into account variations among, and contingencies in, fisheries, fishery resources, and catches;7\n\nConservation and management measures shall, where practicable, minimize regulatory burdens which inhibit innovation, expansion, and normal business operations.","order_by":null,"text":{"0":{"id":257423,"text":"The Commission shall prepare and implement fishery management plans so as to preserve the Commonwealth’s exclusive right to manage the fisheries within its territorial jurisdiction.\n\t\tAny fishery management plan prepared, and any regulation promulgated to implement the plan, shall be consistent with the following standards for fishery conservation and management:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":257424,"text":"Conservation and management measures shall prevent overfishing while achieving the optimum yield from each fishery. The “optimum yield” of a fishery means the amount of fish or shellfish which will provide the greatest overall benefit to the Commonwealth, with particular reference to commercial fishing for food production and to recreational fishing;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":257425,"text":"Conservation and management measures shall be based upon the best scientific, economic, biological and sociological information available;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":257426,"text":"To the extent practicable, an individual stock of fish shall be managed as a unit throughout the territorial waters of the Commonwealth, and interrelated stocks of fish shall be managed as a unit or in close coordination;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":257427,"text":"Conservation and management measures shall not discriminate among user groups. If it becomes necessary to allocate or assign fishing privileges among various user groups, such allocation shall be (i) fair and equitable to all fishermen; (ii) reasonably calculated to promote conservation; and (iii) carried out in such manner that no person acquires an excessive share of such privileges;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":257428,"text":"Conservation and management shall, where practicable, promote efficiency in the utilization of fishery resources, except that no such measure shall have economic allocation as its sole purpose;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":257429,"text":"Conservation and management measures shall take into account variations among, and contingencies in, fisheries, fishery resources, and catches;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":257430,"text":"Conservation and management measures shall, where practicable, minimize regulatory burdens which inhibit innovation, expansion, and normal business operations.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-203\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 463 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. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1992, chapter 836.<\/p>","references":[{"id":71649,"section_number":"28.2-203.1","catch_line":"Blue crab fishery management plan","order_by":null,"url":"\/28.2-203.1\/"}],"refers_to":false,"permalink":{"id":190781,"object_type":"law","relational_id":71402,"identifier":"28.2-203","token":"28.2\/II\/2\/1\/28.2-203","url":"\/28.2-203\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-203\/","token":"28.2\/II\/2\/1\/28.2-203","dublin_core":{"Title":"Commission to prepare fishery management plans; standards","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-203","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Commission<\/span> shall prepare and implement fishery management plans so as to preserve the Commonwealth’s exclusive right to manage the fisheries<\/span> within its territorial jurisdiction<\/span>.\n\t\tAny fishery management plan prepared, and any regulation promulgated to implement the plan, shall be consistent with the following standards for fishery conservation and management:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Conservation and management measures shall prevent overfishing while achieving the optimum yield<\/span> from each fishery. The “optimum yield<\/span>” of a fishery means the amount of fish<\/span> or shellfish<\/span> which will provide the greatest overall benefit to the Commonwealth, with particular reference to commercial fishing<\/span> for food production and to recreational fishing<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Conservation and management measures shall be based upon the best scientific, economic, biological and sociological information available; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To the extent practicable, an individual stock of fish<\/span> shall be managed as a unit throughout the territorial waters of the Commonwealth, and interrelated stocks of fish<\/span> shall be managed as a unit or in close coordination; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Conservation and management measures shall not discriminate among user groups. If it becomes necessary to allocate or assign fishing<\/span> privileges<\/span> among various user groups, such allocation shall be (i) fair and equitable<\/span> to all fishermen; (ii) reasonably calculated to promote conservation; and (iii) carried out in such manner that no person acquires an excessive share of such privileges<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Conservation and management shall, where practicable, promote efficiency in the utilization of fishery resources, except that no such measure shall have economic allocation as its sole purpose; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Conservation and management measures shall take into account variations among, and contingencies in, fisheries<\/span>, fishery resources, and catches; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Conservation and management measures shall, where practicable, minimize regulatory burdens which inhibit innovation, expansion, and normal business operations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMISSION TO PREPARE FISHERY MANAGEMENT PLANS; STANDARDS (\u00a7 28.2-203)\n\nThe Commission shall prepare and implement fishery management plans so as to\npreserve the Commonwealth’s exclusive right to manage the fisheries within\nits territorial jurisdiction.\n\t\tAny fishery management plan prepared, and any regulation promulgated to\nimplement the plan, shall be consistent with the following standards for fishery\nconservation and management:\n\n1. Conservation and management measures shall prevent overfishing while\nachieving the optimum yield from each fishery. The “optimum yield”\nof a fishery means the amount of fish or shellfish which will provide the\ngreatest overall benefit to the Commonwealth, with particular reference to\ncommercial fishing for food production and to recreational fishing;\n\n2. Conservation and management measures shall be based upon the best scientific,\neconomic, biological and sociological information available;\n\n3. To the extent practicable, an individual stock of fish shall be managed as a\nunit throughout the territorial waters of the Commonwealth, and interrelated\nstocks of fish shall be managed as a unit or in close coordination;\n\n4. Conservation and management measures shall not discriminate among user\ngroups. If it becomes necessary to allocate or assign fishing privileges among\nvarious user groups, such allocation shall be (i) fair and equitable to all\nfishermen; (ii) reasonably calculated to promote conservation; and (iii) carried\nout in such manner that no person acquires an excessive share of such\nprivileges;\n\n5. Conservation and management shall, where practicable, promote efficiency in\nthe utilization of fishery resources, except that no such measure shall have\neconomic allocation as its sole purpose;\n\n6. Conservation and management measures shall take into account variations\namong, and contingencies in, fisheries, fishery resources, and catches;\n\n7. Conservation and management measures shall, where practicable, minimize\nregulatory burdens which inhibit innovation, expansion, and normal business\noperations.\n\nHISTORY: 1984, c. 463, \u00a7 28.1-23.1; 1992, c. 836.","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}}