{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-241.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-241.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-241.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-241.html"}],"law_id":56652,"edition_id":1,"section_id":56652,"structure_id":14813,"section_number":"28.2-241","catch_line":"Registration of commercial fishermen required; exemption; penalty","history":"1992, cc. 493, 503; 1993, c. 219; 1994, c. 121; 1996, c. 277; 2009, c. 9; 2017, c. 339.","full_text":"A\n\nOn and after January 1, 1993, holders of gear licenses, except those issued pursuant to § 28.2-402, issued January 1, 1992, through December 31, 1992, shall register as commercial fishermen as provided for in regulation.B\n\n[Repealed.]C\n\nOn and after January 1, 1993, fishermen not registered as commercial fishermen but who desire to sell their catch shall apply to the Commission for registration as commercial fishermen. The effective date of status as a commercial fisherman shall be two years from the date the application is approved by the Commission. A person whose registration as a commercial fisherman is not effective shall not sell, trade, or barter his catch or give his catch to another in order that it may be sold, traded, or bartered. The Commission shall grant a preference, on a one-in, one-out basis, for an exemption from the two-year waiting period for an immediate family member or documented employee of a commercial fisherman who is retiring from the commercial fishery.D\n\nFor purposes of this section and §§ 28.2-242, 28.2-243, and 28.2-244, “commercial fisherman” means any person who fishes in tidal waters using any gear and who sells, trades, or barters his catch or gives his catch to another in order that it may be sold, traded, or bartered. The Commission shall provide, by regulation, for exemptions from the definition of “commercial fisherman” those persons who independently sell, trade, or barter minnows and who are not part of, hired by, or engaged in a continuing business enterprise as may be defined by the Commission. Such regulation may include, but is not limited to, limits on the quantity of minnows that may be sold, traded, or bartered by a person that may be exempted from the definition of commercial fisherman.E\n\nThe cost of registration as a commercial fisherman shall be $150 annually, due no later than the effective date of registration; however, the cost of registration for a person 70 years of age or older shall be $75. All fees collected from the registration of commercial fishermen shall be deposited in the state treasury and credited to the Marine Fishing Improvement Fund as established in § 28.2-208. The Commission may subsequently revise the cost of licenses in this section pursuant to § 28.2-201.F\n\nRegistrations of commercial fishermen shall not be transferable.G\n\nWhenever a court finds that a defendant has violated any of the provisions of this section, the court shall assess a civil penalty of $500. All civil penalties assessed pursuant to this section shall be paid into the Marine Fishing Improvement Fund as established in § 28.2-208.H\n\nOnly commercial fishermen with valid registrations may purchase licenses pursuant to §§ 28.2-301, 28.2-501, and 28.2-702.I\n\nPersons who have obtained a recreational gear license pursuant to § 28.2-226.1 or 28.2-302.1 are exempt from the provisions of this section.","order_by":null,"text":{"0":{"id":207288,"text":"On and after January 1, 1993, holders of gear licenses, except those issued pursuant to § 28.2-402, issued January 1, 1992, through December 31, 1992, shall register as commercial fishermen as provided for in regulation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207289,"text":"[Repealed.]","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":207290,"text":"On and after January 1, 1993, fishermen not registered as commercial fishermen but who desire to sell their catch shall apply to the Commission for registration as commercial fishermen. The effective date of status as a commercial fisherman shall be two years from the date the application is approved by the Commission. A person whose registration as a commercial fisherman is not effective shall not sell, trade, or barter his catch or give his catch to another in order that it may be sold, traded, or bartered. The Commission shall grant a preference, on a one-in, one-out basis, for an exemption from the two-year waiting period for an immediate family member or documented employee of a commercial fisherman who is retiring from the commercial fishery.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":207291,"text":"For purposes of this section and §§ 28.2-242, 28.2-243, and 28.2-244, “commercial fisherman” means any person who fishes in tidal waters using any gear and who sells, trades, or barters his catch or gives his catch to another in order that it may be sold, traded, or bartered. The Commission shall provide, by regulation, for exemptions from the definition of “commercial fisherman” those persons who independently sell, trade, or barter minnows and who are not part of, hired by, or engaged in a continuing business enterprise as may be defined by the Commission. Such regulation may include, but is not limited to, limits on the quantity of minnows that may be sold, traded, or bartered by a person that may be exempted from the definition of commercial fisherman.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":207292,"text":"The cost of registration as a commercial fisherman shall be $150 annually, due no later than the effective date of registration; however, the cost of registration for a person 70 years of age or older shall be $75. All fees collected from the registration of commercial fishermen shall be deposited in the state treasury and credited to the Marine Fishing Improvement Fund as established in § 28.2-208. The Commission may subsequently revise the cost of licenses in this section pursuant to § 28.2-201.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":207293,"text":"Registrations of commercial fishermen shall not be transferable.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":207294,"text":"Whenever a court finds that a defendant has violated any of the provisions of this section, the court shall assess a civil penalty of $500. All civil penalties assessed pursuant to this section shall be paid into the Marine Fishing Improvement Fund as established in § 28.2-208.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":207295,"text":"Only commercial fishermen with valid registrations may purchase licenses pursuant to §§ 28.2-301, 28.2-501, and 28.2-702.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":207296,"text":"Persons who have obtained a recreational gear license pursuant to § 28.2-226.1 or 28.2-302.1 are exempt from the provisions of this section.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":14813,"edition_id":1,"name":"Registration of Commercial Fishermen","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12815,"metadata":{},"date_created":"2026-06-26 03:50:06","date_modified":"2026-06-26 03:50:06","permalink":{"id":190971,"object_type":"structure","relational_id":14813,"identifier":"7","token":"28.2\/II\/2\/7","url":"\/28.2\/II\/2\/7\/","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":67936,"structure_id":14813,"section_number":"28.2-240","catch_line":"Repealed","url":"\/28.2-240\/","token":"28.2\/II\/2\/7\/28.2-240","metadata":false},{"id":56652,"structure_id":14813,"section_number":"28.2-241","catch_line":"Registration of commercial fishermen required; exemption; penalty","url":"\/28.2-241\/","token":"28.2\/II\/2\/7\/28.2-241","metadata":false},{"id":80156,"structure_id":14813,"section_number":"28.2-242","catch_line":"Report of harvest required","url":"\/28.2-242\/","token":"28.2\/II\/2\/7\/28.2-242","metadata":false},{"id":66209,"structure_id":14813,"section_number":"28.2-243","catch_line":"Commission to promulgate regulations","url":"\/28.2-243\/","token":"28.2\/II\/2\/7\/28.2-243","metadata":false},{"id":60489,"structure_id":14813,"section_number":"28.2-244","catch_line":"Purchase of shellfish or finfish; penalty","url":"\/28.2-244\/","token":"28.2\/II\/2\/7\/28.2-244","metadata":false}],"previous_section":{"id":67936,"structure_id":14813,"section_number":"28.2-240","catch_line":"Repealed","url":"\/28.2-240\/","token":"28.2\/II\/2\/7\/28.2-240","metadata":false},"next_section":{"id":80156,"structure_id":14813,"section_number":"28.2-242","catch_line":"Report of harvest required","url":"\/28.2-242\/","token":"28.2\/II\/2\/7\/28.2-242","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-241\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapters 493 and 503 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 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1993, chapter 219; in 1994, chapter 121<\/a>; in 1996, chapter 277<\/a>; in 2009, chapter 9<\/a>; in 2017, chapter 339<\/a>.<\/p>","references":[{"id":87172,"section_number":"28.2-102","catch_line":"Commission membership; chairman; qualifications; terms; meetings","order_by":null,"url":"\/28.2-102\/"},{"id":85557,"section_number":"28.2-1105","catch_line":"Definitions","order_by":null,"url":"\/28.2-1105\/"},{"id":61585,"section_number":"28.2-208","catch_line":"Marine Fishing Improvement Fund continued","order_by":null,"url":"\/28.2-208\/"},{"id":73485,"section_number":"28.2-226.1","catch_line":"Recreational gear license required","order_by":null,"url":"\/28.2-226.1\/"},{"id":66209,"section_number":"28.2-243","catch_line":"Commission to promulgate regulations","order_by":null,"url":"\/28.2-243\/"},{"id":60489,"section_number":"28.2-244","catch_line":"Purchase of shellfish or finfish; penalty","order_by":null,"url":"\/28.2-244\/"},{"id":86125,"section_number":"29.1-735.2","catch_line":"Boating safety education required; Board to promulgate regulations","order_by":null,"url":"\/29.1-735.2\/"}],"refers_to":[{"id":61585,"section_number":"28.2-208","catch_line":"Marine Fishing Improvement Fund continued","order_by":null,"url":"\/28.2-208\/"},{"id":73485,"section_number":"28.2-226.1","catch_line":"Recreational gear license required","order_by":null,"url":"\/28.2-226.1\/"},{"id":80156,"section_number":"28.2-242","catch_line":"Report of harvest required","order_by":null,"url":"\/28.2-242\/"},{"id":66209,"section_number":"28.2-243","catch_line":"Commission to promulgate regulations","order_by":null,"url":"\/28.2-243\/"},{"id":60489,"section_number":"28.2-244","catch_line":"Purchase of shellfish or finfish; penalty","order_by":null,"url":"\/28.2-244\/"},{"id":77888,"section_number":"28.2-301","catch_line":"License fee for fishing in tidal waters","order_by":null,"url":"\/28.2-301\/"},{"id":65438,"section_number":"28.2-302.1","catch_line":"Recreational license required","order_by":null,"url":"\/28.2-302.1\/"},{"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":85639,"section_number":"28.2-501","catch_line":"Application for license to take or catch oysters or clams","order_by":null,"url":"\/28.2-501\/"}],"permalink":{"id":190977,"object_type":"law","relational_id":56652,"identifier":"28.2-241","token":"28.2\/II\/2\/7\/28.2-241","url":"\/28.2-241\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-241\/","token":"28.2\/II\/2\/7\/28.2-241","dublin_core":{"Title":"Registration of commercial fishermen required; exemption; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-241","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> On and after January 1, 1993, holders of gear licenses, except those issued pursuant to § 28.2-402<\/a>, issued January 1, 1992, through December 31, 1992, shall register as commercial fishermen as provided for in regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> [Repealed.] <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> On and after January 1, 1993, fishermen not registered as commercial fishermen but who desire to sell their catch shall apply to the Commission<\/span> for registration as commercial fishermen. The effective date of status as a commercial fisherman<\/span> shall be two years from the date the application is approved by the Commission<\/span>. A person whose registration as a commercial fisherman<\/span> is not effective shall not sell, trade, or barter his catch or give his catch to another in order<\/span> that it may be sold, traded, or bartered. The Commission<\/span> shall grant a preference, on a one-in, one-out basis, for an exemption from the two-year waiting period for an immediate family member or documented employee of a commercial fisherman<\/span> who is retiring from the commercial fishery. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For purposes of this section and §§ 28.2-242<\/a>, 28.2-243<\/a>, and 28.2-244<\/a>, “commercial fisherman<\/span>” means any person who fishes in tidal waters using any gear and who sells, trades, or barters his catch or gives his catch to another in order<\/span> that it may be sold, traded, or bartered. The Commission<\/span> shall provide, by regulation, for exemptions from the definition of “commercial fisherman<\/span>” those persons who independently sell, trade, or barter minnows and who are not part of, hired by, or engaged in a continuing business enterprise as may be defined by the Commission<\/span>. Such regulation may include, but is not limited to, limits on the quantity of minnows that may be sold, traded, or bartered by a person that may be exempted from the definition of commercial fisherman<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The cost of registration as a commercial fisherman<\/span> shall be $150 annually, due no later than the effective date of registration; however, the cost of registration for a person 70 years of age or older shall be $75. All fees collected from the registration of commercial fishermen shall be deposited in the state treasury and credited to the Marine Fishing<\/span> Improvement Fund as established in § 28.2-208<\/a>. The Commission<\/span> may subsequently revise the cost of licenses in this section pursuant to § 28.2-201<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Registrations of commercial fishermen shall not be transferable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Whenever a court<\/span> finds that a defendant<\/span> has violated any of the provisions of this section, the court<\/span> shall assess a civil penalty<\/span> of $500. All civil penalties assessed pursuant to this section shall be paid into the Marine Fishing<\/span> Improvement Fund as established in § 28.2-208<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Only commercial fishermen with valid registrations may purchase licenses pursuant to §§ 28.2-301<\/a>, 28.2-501<\/a>, and 28.2-702<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Persons who have obtained a recreational gear license pursuant to § 28.2-226.1<\/a> or 28.2-302.1<\/a> are exempt from the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREGISTRATION OF COMMERCIAL FISHERMEN REQUIRED; EXEMPTION; PENALTY (\u00a7 28.2-241)\n\nA. On and after January 1, 1993, holders of gear licenses, except those issued\npursuant to § 28.2-402, issued January 1, 1992, through December 31, 1992,\nshall register as commercial fishermen as provided for in regulation.\n\nB. [Repealed.]\n\nC. On and after January 1, 1993, fishermen not registered as commercial\nfishermen but who desire to sell their catch shall apply to the Commission for\nregistration as commercial fishermen. The effective date of status as a\ncommercial fisherman shall be two years from the date the application is\napproved by the Commission. A person whose registration as a commercial\nfisherman is not effective shall not sell, trade, or barter his catch or give\nhis catch to another in order that it may be sold, traded, or bartered. The\nCommission shall grant a preference, on a one-in, one-out basis, for an\nexemption from the two-year waiting period for an immediate family member or\ndocumented employee of a commercial fisherman who is retiring from the\ncommercial fishery.\n\nD. For purposes of this section and §§ 28.2-242, 28.2-243, and\n28.2-244, “commercial fisherman” means any person who fishes in\ntidal waters using any gear and who sells, trades, or barters his catch or gives\nhis catch to another in order that it may be sold, traded, or bartered. The\nCommission shall provide, by regulation, for exemptions from the definition of\n“commercial fisherman” those persons who independently sell, trade,\nor barter minnows and who are not part of, hired by, or engaged in a continuing\nbusiness enterprise as may be defined by the Commission. Such regulation may\ninclude, but is not limited to, limits on the quantity of minnows that may be\nsold, traded, or bartered by a person that may be exempted from the definition\nof commercial fisherman.\n\nE. The cost of registration as a commercial fisherman shall be $150 annually,\ndue no later than the effective date of registration; however, the cost of\nregistration for a person 70 years of age or older shall be $75. All fees\ncollected from the registration of commercial fishermen shall be deposited in\nthe state treasury and credited to the Marine Fishing Improvement Fund as\nestablished in § 28.2-208. The Commission may subsequently revise the cost\nof licenses in this section pursuant to § 28.2-201.\n\nF. Registrations of commercial fishermen shall not be transferable.\n\nG. Whenever a court finds that a defendant has violated any of the provisions of\nthis section, the court shall assess a civil penalty of $500. All civil\npenalties assessed pursuant to this section shall be paid into the Marine\nFishing Improvement Fund as established in § 28.2-208.\n\nH. Only commercial fishermen with valid registrations may purchase licenses\npursuant to §§ 28.2-301, 28.2-501, and 28.2-702.\n\nI. Persons who have obtained a recreational gear license pursuant to §\n28.2-226.1 or 28.2-302.1 are exempt from the provisions of this section.\n\nHISTORY: 1992, cc. 493, 503; 1993, c. 219; 1994, c. 121; 1996, c. 277; 2009, c.\n9; 2017, c. 339.","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}}