{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-226.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-226.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-226.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-226.1.html"}],"law_id":73485,"edition_id":1,"section_id":73485,"structure_id":13890,"section_number":"28.2-226.1","catch_line":"Recreational gear license required","history":"1993, c. 219; 2005, c. 124; 2015, c. 468; 2018, c. 118.","full_text":"A\n\nAny person desiring to take or catch finfish or shellfish for recreational purposes in the tidal waters of the Commonwealth using commercial gear authorized under § 28.2-226.2 shall first obtain the appropriate commercial gear license for recreational purposes. A license to use such gear for recreational purposes shall be issued to an individual for his exclusive use and shall not be transferable.B\n\nAll gear licenses issued for recreational purposes shall be so marked.C\n\nAny person who has obtained a commercial gear license for recreational purposes only shall be exempt from the commercial fishing registration requirements of §§ 28.2-241 and 28.2-242.D\n\nFor purposes of this section and §§ 28.2-226.2 and 28.2-232, “recreational purposes” means finfish or shellfish taken for personal use and not sold, traded, bartered, or given to another in order to be sold, traded, or bartered.E\n\nHolders of licenses under this section shall report catch and other data as is deemed necessary by the Commission for effective fisheries management.F\n\nAny person who engages in an activity for which an exemption is provided in § 28.2-226, holds a saltwater recreational fishing license and uses a gear type listed in § 28.2-302.1, or is exempt from the requirements of obtaining a saltwater recreational license pursuant to subdivision A 11 of § 28.2-302.5 shall be exempt from the requirement of obtaining a commercial gear license for recreational purposes.","order_by":null,"text":{"0":{"id":264417,"text":"Any person desiring to take or catch finfish or shellfish for recreational purposes in the tidal waters of the Commonwealth using commercial gear authorized under § 28.2-226.2 shall first obtain the appropriate commercial gear license for recreational purposes. A license to use such gear for recreational purposes shall be issued to an individual for his exclusive use and shall not be transferable.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":264418,"text":"All gear licenses issued for recreational purposes shall be so marked.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":264419,"text":"Any person who has obtained a commercial gear license for recreational purposes only shall be exempt from the commercial fishing registration requirements of §§ 28.2-241 and 28.2-242.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":264420,"text":"For purposes of this section and §§ 28.2-226.2 and 28.2-232, “recreational purposes” means finfish or shellfish taken for personal use and not sold, traded, bartered, or given to another in order to be sold, traded, or bartered.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":264421,"text":"Holders of licenses under this section shall report catch and other data as is deemed necessary by the Commission for effective fisheries management.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":264422,"text":"Any person who engages in an activity for which an exemption is provided in § 28.2-226, holds a saltwater recreational fishing license and uses a gear type listed in § 28.2-302.1, or is exempt from the requirements of obtaining a saltwater recreational license pursuant to subdivision A 11 of § 28.2-302.5 shall be exempt from the requirement of obtaining a commercial gear license for recreational purposes.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13890,"edition_id":1,"name":"Licensing Generally","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12815,"metadata":{},"date_created":"2026-06-26 03:46:12","date_modified":"2026-06-26 03:46:12","permalink":{"id":190895,"object_type":"structure","relational_id":13890,"identifier":"5","token":"28.2\/II\/2\/5","url":"\/28.2\/II\/2\/5\/","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":64743,"structure_id":13890,"section_number":"28.2-225","catch_line":"Fishing license required; penalty","url":"\/28.2-225\/","token":"28.2\/II\/2\/5\/28.2-225","metadata":false},{"id":75990,"structure_id":13890,"section_number":"28.2-226","catch_line":"Exemptions from licensing requirements","url":"\/28.2-226\/","token":"28.2\/II\/2\/5\/28.2-226","metadata":false},{"id":73485,"structure_id":13890,"section_number":"28.2-226.1","catch_line":"Recreational gear license required","url":"\/28.2-226.1\/","token":"28.2\/II\/2\/5\/28.2-226.1","metadata":false},{"id":70209,"structure_id":13890,"section_number":"28.2-226.2","catch_line":"Commission to establish requirements for commercial gear licenses used for recreational purposes","url":"\/28.2-226.2\/","token":"28.2\/II\/2\/5\/28.2-226.2","metadata":false},{"id":59640,"structure_id":13890,"section_number":"28.2-227","catch_line":"Special nonresident harvester's license; fee and oath; revocation; penalty","url":"\/28.2-227\/","token":"28.2\/II\/2\/5\/28.2-227","metadata":false},{"id":54928,"structure_id":13890,"section_number":"28.2-228","catch_line":"Licenses for purchase of fish, shellfish, or marine organisms from the catcher; fee","url":"\/28.2-228\/","token":"28.2\/II\/2\/5\/28.2-228","metadata":false},{"id":68479,"structure_id":13890,"section_number":"28.2-228.1","catch_line":"Seafood landing licenses","url":"\/28.2-228.1\/","token":"28.2\/II\/2\/5\/28.2-228.1","metadata":false},{"id":60992,"structure_id":13890,"section_number":"28.2-229","catch_line":"When licenses terminate; proration and refund not permitted","url":"\/28.2-229\/","token":"28.2\/II\/2\/5\/28.2-229","metadata":false},{"id":69278,"structure_id":13890,"section_number":"28.2-230","catch_line":"Penalty for false statements or altering a fishing license; penalty","url":"\/28.2-230\/","token":"28.2\/II\/2\/5\/28.2-230","metadata":false},{"id":60414,"structure_id":13890,"section_number":"28.2-231","catch_line":"Exhibition of license; display to officers; penalty","url":"\/28.2-231\/","token":"28.2\/II\/2\/5\/28.2-231","metadata":false},{"id":61193,"structure_id":13890,"section_number":"28.2-232","catch_line":"Revocation of licenses","url":"\/28.2-232\/","token":"28.2\/II\/2\/5\/28.2-232","metadata":false}],"previous_section":{"id":75990,"structure_id":13890,"section_number":"28.2-226","catch_line":"Exemptions from licensing requirements","url":"\/28.2-226\/","token":"28.2\/II\/2\/5\/28.2-226","metadata":false},"next_section":{"id":70209,"structure_id":13890,"section_number":"28.2-226.2","catch_line":"Commission to establish requirements for commercial gear licenses used for recreational purposes","url":"\/28.2-226.2\/","token":"28.2\/II\/2\/5\/28.2-226.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-226.1\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 219 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 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 2005, chapter 124<\/a>; in 2015, chapter 468<\/a>; in 2018, chapter 118<\/a>.<\/p>","references":[{"id":61193,"section_number":"28.2-232","catch_line":"Revocation of licenses","order_by":null,"url":"\/28.2-232\/"},{"id":56652,"section_number":"28.2-241","catch_line":"Registration of commercial fishermen required; exemption; penalty","order_by":null,"url":"\/28.2-241\/"}],"refers_to":[{"id":75990,"section_number":"28.2-226","catch_line":"Exemptions from licensing requirements","order_by":null,"url":"\/28.2-226\/"},{"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":61193,"section_number":"28.2-232","catch_line":"Revocation of licenses","order_by":null,"url":"\/28.2-232\/"},{"id":56652,"section_number":"28.2-241","catch_line":"Registration of commercial fishermen required; exemption; penalty","order_by":null,"url":"\/28.2-241\/"},{"id":65438,"section_number":"28.2-302.1","catch_line":"Recreational license required","order_by":null,"url":"\/28.2-302.1\/"},{"id":66179,"section_number":"28.2-302.5","catch_line":"Exemptions to saltwater recreational fishing license","order_by":null,"url":"\/28.2-302.5\/"}],"permalink":{"id":190905,"object_type":"law","relational_id":73485,"identifier":"28.2-226.1","token":"28.2\/II\/2\/5\/28.2-226.1","url":"\/28.2-226.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-226.1\/","token":"28.2\/II\/2\/5\/28.2-226.1","dublin_core":{"Title":"Recreational gear license required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-226.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person desiring to take or catch finfish or shellfish<\/span> for recreational purposes<\/span> in the tidal waters of the Commonwealth using commercial gear authorized under § 28.2-226.2<\/a> shall first obtain the appropriate commercial gear license for recreational purposes<\/span>. A license to use such gear for recreational purposes<\/span> shall be issued to an individual for his exclusive use and shall not be transferable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All gear licenses issued for recreational purposes<\/span> shall be so marked. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person who has obtained a commercial gear license for recreational purposes<\/span> only shall be exempt from the commercial fishing<\/span> registration requirements of §§ 28.2-241<\/a> and 28.2-242<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For purposes of this section and §§ 28.2-226.2<\/a> and 28.2-232<\/a>, “recreational purposes<\/span>” means finfish or shellfish<\/span> taken for personal use and not sold, traded, bartered, or given to another in order<\/span> to be sold, traded, or bartered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Holders of licenses under this section shall report catch and other data as is deemed necessary by the Commission<\/span> for effective fisheries<\/span> management. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any person who engages in an activity for which an exemption is provided in § 28.2-226<\/a>, holds a saltwater recreational fishing<\/span> license and uses a gear type listed in § 28.2-302.1<\/a>, or is exempt from the requirements of obtaining a saltwater recreational license pursuant to subdivision A 11 of § 28.2-302.5<\/a> shall be exempt from the requirement of obtaining a commercial gear license for recreational purposes<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECREATIONAL GEAR LICENSE REQUIRED (\u00a7 28.2-226.1)\n\nA. Any person desiring to take or catch finfish or shellfish for recreational\npurposes in the tidal waters of the Commonwealth using commercial gear\nauthorized under § 28.2-226.2 shall first obtain the appropriate commercial\ngear license for recreational purposes. A license to use such gear for\nrecreational purposes shall be issued to an individual for his exclusive use and\nshall not be transferable.\n\nB. All gear licenses issued for recreational purposes shall be so marked.\n\nC. Any person who has obtained a commercial gear license for recreational\npurposes only shall be exempt from the commercial fishing registration\nrequirements of §§ 28.2-241 and 28.2-242.\n\nD. For purposes of this section and §§ 28.2-226.2 and 28.2-232,\n“recreational purposes” means finfish or shellfish taken for\npersonal use and not sold, traded, bartered, or given to another in order to be\nsold, traded, or bartered.\n\nE. Holders of licenses under this section shall report catch and other data as\nis deemed necessary by the Commission for effective fisheries management.\n\nF. Any person who engages in an activity for which an exemption is provided in\n§ 28.2-226, holds a saltwater recreational fishing license and uses a gear\ntype listed in § 28.2-302.1, or is exempt from the requirements of\nobtaining a saltwater recreational license pursuant to subdivision A 11 of\n§ 28.2-302.5 shall be exempt from the requirement of obtaining a commercial\ngear license for recreational purposes.\n\nHISTORY: 1993, c. 219; 2005, c. 124; 2015, c. 468; 2018, c. 118.","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}}