{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-227.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-227.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-227.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-227.html"}],"law_id":59640,"edition_id":1,"section_id":59640,"structure_id":13890,"section_number":"28.2-227","catch_line":"Special nonresident harvester’s license; fee and oath; revocation; penalty","history":"1983, c. 299, \u00a7 28.1-47.1; 1991, c. 411; 1992, c. 836; 1993, c. 245; 1994, c. 155; 2009, c. 9; 2010, cc. 12, 144.","full_text":"A\n\nAny nonresident desiring to take or catch marine fish, crabs or any other seafood, except oysters, clams or other mollusks, from the tidal waters of the Commonwealth for which a license is required shall pay to any officer or agent a fee for a nonresident harvester’s license. The fee, to be established by the Commission, shall be no less than $350 or more than $1,150 or as subsequently revised by the Commission pursuant to § 28.2-201. Three hundred fifty dollars of each fee shall be credited to the Virginia Marine Products Fund as provided under § 3.2-2705. The remainder of the fee shall be credited to the Marine Fishing Improvement Fund, as established pursuant to § 28.2-208.B\n\nThe license shall be required of each boat used in Virginia’s tidal waters and shall be in addition to any other licenses required for the activity involved.C\n\nThe nonresident shall state under oath his true name and address, the name and number of the boat being licensed, and that he will not violate any of the laws of the Commonwealth governing the taking and catching of seafood.D\n\nA nonresident harvester’s license shall be required prior to the purchase of any other license for the harvesting of seafood. Revocation of this license in accordance with § 28.2-232 shall constitute revocation of any other license held by the nonresident under the provisions of this subtitle. No commercial fishing license or permit shall be sold to a nonresident whose state of residence does not offer for sale the same or substantially similar license or permit to a resident of the Commonwealth.E\n\nAny Virginia resident who enters into a partnership or other agreement with the intent to defeat the object of this section is guilty of a Class 1 misdemeanor.","order_by":null,"text":{"0":{"id":218414,"text":"Any nonresident desiring to take or catch marine fish, crabs or any other seafood, except oysters, clams or other mollusks, from the tidal waters of the Commonwealth for which a license is required shall pay to any officer or agent a fee for a nonresident harvester’s license. The fee, to be established by the Commission, shall be no less than $350 or more than $1,150 or as subsequently revised by the Commission pursuant to § 28.2-201. Three hundred fifty dollars of each fee shall be credited to the Virginia Marine Products Fund as provided under § 3.2-2705. The remainder of the fee shall be credited to the Marine Fishing Improvement Fund, as established pursuant to § 28.2-208.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218415,"text":"The license shall be required of each boat used in Virginia’s tidal waters and shall be in addition to any other licenses required for the activity involved.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":218416,"text":"The nonresident shall state under oath his true name and address, the name and number of the boat being licensed, and that he will not violate any of the laws of the Commonwealth governing the taking and catching of seafood.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":218417,"text":"A nonresident harvester’s license shall be required prior to the purchase of any other license for the harvesting of seafood. Revocation of this license in accordance with § 28.2-232 shall constitute revocation of any other license held by the nonresident under the provisions of this subtitle. No commercial fishing license or permit shall be sold to a nonresident whose state of residence does not offer for sale the same or substantially similar license or permit to a resident of the Commonwealth.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":218418,"text":"Any Virginia resident who enters into a partnership or other agreement with the intent to defeat the object of this section is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-227\/","history_text":"

This law was first created in 1983. The record of its establishment is cataloged in chapter 299 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 1983 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1991, chapter 411; in 1992, chapter 836; in 1993, chapter 245; in 1994, chapter 155<\/a>; in 2009, chapter 9<\/a>; in 2010, chapters 12<\/a> and 144<\/a>.<\/p>","references":[{"id":61585,"section_number":"28.2-208","catch_line":"Marine Fishing Improvement Fund continued","order_by":null,"url":"\/28.2-208\/"}],"refers_to":[{"id":65052,"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","order_by":null,"url":"\/28.2-201\/"},{"id":61193,"section_number":"28.2-232","catch_line":"Revocation of licenses","order_by":null,"url":"\/28.2-232\/"},{"id":59434,"section_number":"3.2-2705","catch_line":"Virginia Marine Products Fund established","order_by":null,"url":"\/3.2-2705\/"}],"permalink":{"id":190913,"object_type":"law","relational_id":59640,"identifier":"28.2-227","token":"28.2\/II\/2\/5\/28.2-227","url":"\/28.2-227\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-227\/","token":"28.2\/II\/2\/5\/28.2-227","dublin_core":{"Title":"Special nonresident harvester’s license; fee and oath; revocation; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-227","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any nonresident desiring to take or catch marine fish<\/span>, crabs or any other seafood, except oysters, clams or other mollusks, from the tidal waters of the Commonwealth for which a license is required shall pay to any officer<\/span> or agent a fee for a nonresident harvester’s license. The fee, to be established by the Commission<\/span>, shall be no less than $350 or more than $1,150 or as subsequently revised by the Commission<\/span> pursuant to § 28.2-201<\/a>. Three hundred fifty dollars of each fee shall be credited to the Virginia Marine Products Fund as provided under § 3.2-2705<\/a>. The remainder of the fee shall be credited to the Marine Fishing<\/span> Improvement Fund, as established pursuant to § 28.2-208<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The license shall be required of each boat used in Virginia’s tidal waters and shall be in addition to any other licenses required for the activity involved. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The nonresident shall state under oath<\/span> his true name and address, the name and number of the boat being licensed, and that he will not violate any of the laws<\/span> of the Commonwealth governing the taking and catching of seafood. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A nonresident harvester’s license shall be required prior to the purchase of any other license for the harvesting of seafood. Revocation<\/span> of this license in accordance with § 28.2-232<\/a> shall constitute revocation<\/span> of any other license held by the nonresident under the provisions of this subtitle. No commercial fishing<\/span> license or permit shall be sold to a nonresident whose state of residence does not offer for sale the same or substantially similar license or permit to a resident<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any Virginia resident<\/span> who enters into a partnership or other agreement with the intent<\/span> to defeat the object<\/span> of this section is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSPECIAL NONRESIDENT HARVESTER’S LICENSE; FEE AND OATH; REVOCATION; PENALTY\n(\u00a7 28.2-227)\n\nA. Any nonresident desiring to take or catch marine fish, crabs or any other\nseafood, except oysters, clams or other mollusks, from the tidal waters of the\nCommonwealth for which a license is required shall pay to any officer or agent a\nfee for a nonresident harvester’s license. The fee, to be established by\nthe Commission, shall be no less than $350 or more than $1,150 or as\nsubsequently revised by the Commission pursuant to § 28.2-201. Three\nhundred fifty dollars of each fee shall be credited to the Virginia Marine\nProducts Fund as provided under § 3.2-2705. The remainder of the fee shall\nbe credited to the Marine Fishing Improvement Fund, as established pursuant to\n§ 28.2-208.\n\nB. The license shall be required of each boat used in Virginia’s tidal\nwaters and shall be in addition to any other licenses required for the activity\ninvolved.\n\nC. The nonresident shall state under oath his true name and address, the name\nand number of the boat being licensed, and that he will not violate any of the\nlaws of the Commonwealth governing the taking and catching of seafood.\n\nD. A nonresident harvester’s license shall be required prior to the\npurchase of any other license for the harvesting of seafood. Revocation of this\nlicense in accordance with § 28.2-232 shall constitute revocation of any\nother license held by the nonresident under the provisions of this subtitle. No\ncommercial fishing license or permit shall be sold to a nonresident whose state\nof residence does not offer for sale the same or substantially similar license\nor permit to a resident of the Commonwealth.\n\nE. Any Virginia resident who enters into a partnership or other agreement with\nthe intent to defeat the object of this section is guilty of a Class 1\nmisdemeanor.\n\nHISTORY: 1983, c. 299, \u00a7 28.1-47.1; 1991, c. 411; 1992, c. 836; 1993, c. 245;\n1994, c. 155; 2009, c. 9; 2010, cc. 12, 144.","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}}