{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-302.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-302.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-302.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-302.5.html"}],"law_id":66179,"edition_id":1,"section_id":66179,"structure_id":14945,"section_number":"28.2-302.5","catch_line":"Exemptions to saltwater recreational fishing license","history":"1992, c. 895; 1993, c. 241; 1999, c. 107; 2000, cc. 110, 142; 2002, c. 215; 2018, c. 118.","full_text":"A\n\nThe following persons shall be exempt from the requirements of obtaining a saltwater recreational fishing license as set forth in \u00a7 28.2-302.1:1\n\nA person under the age of 16 or a person who has attained the age of 65.2\n\nA person fishing from private real property that he owns or rents, the nonpaying guest of such person, or a member of the immediate family of such person.3\n\nA person fishing from a licensed recreational boat licensed pursuant to § 28.2-302.7.4\n\nA person fishing from a licensed headboat, charterboat, or pier licensed pursuant to § 28.2-302 or 28.2-302.8.5\n\nA person fishing with gear licensed by the Commission.6\n\nThe holder of a valid recreational fishing license issued by another state or jurisdiction, upon determination of reciprocity of the license by the Commissioner.7\n\nMembers of the following groups, as determined by the Commissioner:\n\t\t\t\ta. Organized groups of individuals with physical or mental limitations;\n\t\t\t\tb. Organized groups of military veterans residing in veterans’ hospitals; and\n\t\t\t\tc. School groups, grades kindergarten through 12, participating in school-sponsored trips.8\n\nA permanently and totally disabled person as defined in § 58.1-3217 holding a special lifetime saltwater recreational fishing license issued pursuant to § 28.2-302.10.9\n\nA person holding a lifetime saltwater recreational fishing license issued pursuant to § 28.2-302.10:1.10\n\nA person fishing from a federally owned park or reserve with boundaries extending into an adjoining state that does not require a saltwater fishing license.11\n\nA Virginia resident who is a member of an American Indian tribe recognized by the Commonwealth and is carrying (i) an identification card or paper signed by the chief of his tribe, (ii) a valid tribal identification card, (iii) a written confirmation through a central tribal registry, or (iv) a certification from a tribal office, stating that the person is a member of such tribe. Such card or other certification shall create a presumption of residence in Virginia that may be rebutted by proof of actual residence elsewhere.B\n\nNo saltwater recreational fishing licenses shall be required on days that are designated as free fishing days. The Commissioner shall designate no more than three free fishing days in any calendar year. This exemption shall not apply to headboats, charterboats, or rental boats.","order_by":null,"text":{"0":{"id":240384,"text":"The following persons shall be exempt from the requirements of obtaining a saltwater recreational fishing license as set forth in \u00a7 28.2-302.1:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":240385,"text":"A person under the age of 16 or a person who has attained the age of 65.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":240386,"text":"A person fishing from private real property that he owns or rents, the nonpaying guest of such person, or a member of the immediate family of such person.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":240387,"text":"A person fishing from a licensed recreational boat licensed pursuant to § 28.2-302.7.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":240388,"text":"A person fishing from a licensed headboat, charterboat, or pier licensed pursuant to § 28.2-302 or 28.2-302.8.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":240389,"text":"A person fishing with gear licensed by the Commission.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":240390,"text":"The holder of a valid recreational fishing license issued by another state or jurisdiction, upon determination of reciprocity of the license by the Commissioner.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":240391,"text":"Members of the following groups, as determined by the Commissioner:\n\t\t\t\ta. Organized groups of individuals with physical or mental limitations;\n\t\t\t\tb. Organized groups of military veterans residing in veterans’ hospitals; and\n\t\t\t\tc. School groups, grades kindergarten through 12, participating in school-sponsored trips.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":240392,"text":"A permanently and totally disabled person as defined in § 58.1-3217 holding a special lifetime saltwater recreational fishing license issued pursuant to § 28.2-302.10.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":240393,"text":"A person holding a lifetime saltwater recreational fishing license issued pursuant to § 28.2-302.10:1.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":240394,"text":"A person fishing from a federally owned park or reserve with boundaries extending into an adjoining state that does not require a saltwater fishing license.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":240395,"text":"A Virginia resident who is a member of an American Indian tribe recognized by the Commonwealth and is carrying (i) an identification card or paper signed by the chief of his tribe, (ii) a valid tribal identification card, (iii) a written confirmation through a central tribal registry, or (iv) a certification from a tribal office, stating that the person is a member of such tribe. Such card or other certification shall create a presumption of residence in Virginia that may be rebutted by proof of actual residence elsewhere.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"B"},"12":{"id":240396,"text":"No saltwater recreational fishing licenses shall be required on days that are designated as free fishing days. The Commissioner shall designate no more than three free fishing days in any calendar year. This exemption shall not apply to headboats, charterboats, or rental boats.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A11"}},"ancestry":[{"id":14945,"edition_id":1,"name":"Saltwater Recreational Fishing","identifier":"1.1","label":"article","depth":4,"order_by":1,"parent_id":13475,"metadata":{},"date_created":"2026-06-26 03:50:59","date_modified":"2026-06-26 03:50:59","permalink":{"id":191023,"object_type":"structure","relational_id":14945,"identifier":"1.1","token":"28.2\/II\/3\/1.1","url":"\/28.2\/II\/3\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13475,"edition_id":1,"name":"Finfish","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":191007,"object_type":"structure","relational_id":13475,"identifier":"3","token":"28.2\/II\/3","url":"\/28.2\/II\/3\/","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":65438,"structure_id":14945,"section_number":"28.2-302.1","catch_line":"Recreational license required","url":"\/28.2-302.1\/","token":"28.2\/II\/3\/1.1\/28.2-302.1","metadata":false},{"id":66557,"structure_id":14945,"section_number":"28.2-302.10","catch_line":"Special lifetime saltwater recreational fishing license; permanently and totally disabled persons","url":"\/28.2-302.10\/","token":"28.2\/II\/3\/1.1\/28.2-302.10","metadata":false},{"id":71001,"structure_id":14945,"section_number":"28.2-302.10:1","catch_line":"Lifetime saltwater recreational fishing licenses for residents and nonresidents","url":"\/28.2-302.10_1\/","token":"28.2\/II\/3\/1.1\/28.2-302.10_1","metadata":false},{"id":74028,"structure_id":14945,"section_number":"28.2-302.1:1","catch_line":"Fisherman Identification Program","url":"\/28.2-302.1_1\/","token":"28.2\/II\/3\/1.1\/28.2-302.1_1","metadata":false},{"id":85858,"structure_id":14945,"section_number":"28.2-302.2","catch_line":"Recreational license fee; cooperative program","url":"\/28.2-302.2\/","token":"28.2\/II\/3\/1.1\/28.2-302.2","metadata":false},{"id":86840,"structure_id":14945,"section_number":"28.2-302.2:1","catch_line":"Special combined individual sportfishing licenses","url":"\/28.2-302.2_1\/","token":"28.2\/II\/3\/1.1\/28.2-302.2_1","metadata":false},{"id":57031,"structure_id":14945,"section_number":"28.2-302.3","catch_line":"Virginia Saltwater Recreational Fishing Development Fund established","url":"\/28.2-302.3\/","token":"28.2\/II\/3\/1.1\/28.2-302.3","metadata":false},{"id":72748,"structure_id":14945,"section_number":"28.2-302.4","catch_line":"Virginia Recreational Fishing Advisory Board established","url":"\/28.2-302.4\/","token":"28.2\/II\/3\/1.1\/28.2-302.4","metadata":false},{"id":66179,"structure_id":14945,"section_number":"28.2-302.5","catch_line":"Exemptions to saltwater recreational fishing license","url":"\/28.2-302.5\/","token":"28.2\/II\/3\/1.1\/28.2-302.5","metadata":false},{"id":61050,"structure_id":14945,"section_number":"28.2-302.6","catch_line":"Temporary license","url":"\/28.2-302.6\/","token":"28.2\/II\/3\/1.1\/28.2-302.6","metadata":false},{"id":82867,"structure_id":14945,"section_number":"28.2-302.7","catch_line":"Recreational boat; reporting of catch","url":"\/28.2-302.7\/","token":"28.2\/II\/3\/1.1\/28.2-302.7","metadata":false},{"id":76744,"structure_id":14945,"section_number":"28.2-302.7:1","catch_line":"Reissuance of licenses for recreational boats","url":"\/28.2-302.7_1\/","token":"28.2\/II\/3\/1.1\/28.2-302.7_1","metadata":false},{"id":70461,"structure_id":14945,"section_number":"28.2-302.8","catch_line":"Headboat or charterboat; rental boats","url":"\/28.2-302.8\/","token":"28.2\/II\/3\/1.1\/28.2-302.8","metadata":false},{"id":74897,"structure_id":14945,"section_number":"28.2-302.9","catch_line":"Commercial fishing pier","url":"\/28.2-302.9\/","token":"28.2\/II\/3\/1.1\/28.2-302.9","metadata":false}],"previous_section":{"id":72748,"structure_id":14945,"section_number":"28.2-302.4","catch_line":"Virginia Recreational Fishing Advisory Board established","url":"\/28.2-302.4\/","token":"28.2\/II\/3\/1.1\/28.2-302.4","metadata":false},"next_section":{"id":61050,"structure_id":14945,"section_number":"28.2-302.6","catch_line":"Temporary license","url":"\/28.2-302.6\/","token":"28.2\/II\/3\/1.1\/28.2-302.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-302.5\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 895 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 241; in 1999, chapter 107<\/a>; in 2000, chapters 110<\/a> and 142<\/a>; in 2002, chapter 215<\/a>; in 2018, chapter 118<\/a>.<\/p>","references":[{"id":73485,"section_number":"28.2-226.1","catch_line":"Recreational gear license required","order_by":null,"url":"\/28.2-226.1\/"},{"id":65438,"section_number":"28.2-302.1","catch_line":"Recreational license required","order_by":null,"url":"\/28.2-302.1\/"}],"refers_to":[{"id":57229,"section_number":"28.2-302","catch_line":"Commercial fishing pier; license fee; penalty","order_by":null,"url":"\/28.2-302\/"},{"id":74028,"section_number":"28.2-302.1:1","catch_line":"Fisherman Identification Program","order_by":null,"url":"\/28.2-302.1_1\/"},{"id":60432,"section_number":"58.1-3217","catch_line":"Permanently and totally disabled defined","order_by":null,"url":"\/58.1-3217\/"}],"permalink":{"id":191057,"object_type":"law","relational_id":66179,"identifier":"28.2-302.5","token":"28.2\/II\/3\/1.1\/28.2-302.5","url":"\/28.2-302.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-302.5\/","token":"28.2\/II\/3\/1.1\/28.2-302.5","dublin_core":{"Title":"Exemptions to saltwater recreational fishing license","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-302.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The following persons shall be exempt from the requirements of obtaining a saltwater recreational fishing<\/span> license as set forth in \u00a7 28.2-302.1<\/a>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A person under the age of 16 or a person who has attained the age of 65. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A person fishing<\/span> from private real property that he owns or rents, the nonpaying guest of such person, or a member of the immediate family of such person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A person fishing<\/span> from a licensed recreational boat licensed pursuant to § 28.2-302.7<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A person fishing<\/span> from a licensed headboat, charterboat, or pier licensed pursuant to § 28.2-302<\/a> or 28.2-302.8<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A person fishing<\/span> with gear licensed by the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The holder of a valid recreational fishing<\/span> license issued by another state or jurisdiction<\/span>, upon determination of reciprocity of the license by the Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Members of the following groups, as determined by the Commissioner<\/span>:\n\t\t\t\ta. Organized groups of individuals with physical or mental limitations;\n\t\t\t\tb. Organized groups of military veterans residing in veterans’ hospitals; and\n\t\t\t\tc. School groups, grades kindergarten through 12, participating in school-sponsored trips. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> A permanently and totally disabled person as defined in § 58.1-3217<\/a> holding a special lifetime saltwater recreational fishing<\/span> license issued pursuant to § 28.2-302.10<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> A person holding a lifetime saltwater recreational fishing<\/span> license issued pursuant to § 28.2-302.10:1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> A person fishing<\/span> from a federally owned park or reserve with boundaries extending into an adjoining state that does not require a saltwater fishing<\/span> license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> A Virginia resident<\/span> who is a member of an American Indian tribe recognized by the Commonwealth and is carrying (i) an identification card or paper signed by the chief of his tribe, (ii) a valid tribal identification card, (iii) a written confirmation through a central tribal registry, or (iv) a certification from a tribal office, stating that the person is a member of such tribe. Such card or other certification shall create a presumption<\/span> of residence in Virginia that may be rebutted by proof of actual residence elsewhere. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No saltwater recreational fishing<\/span> licenses shall be required on days that are designated as free fishing<\/span> days. The Commissioner<\/span> shall designate no more than three free fishing<\/span> days in any calendar year. This exemption shall not apply to headboats, charterboats, or rental boats. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTIONS TO SALTWATER RECREATIONAL FISHING LICENSE (\u00a7 28.2-302.5)\n\nA. The following persons shall be exempt from the requirements of obtaining a\nsaltwater recreational fishing license as set forth in \u00a7 28.2-302.1:\n\n 1. A person under the age of 16 or a person who has attained the age of 65.\n\n 2. A person fishing from private real property that he owns or rents, the\n nonpaying guest of such person, or a member of the immediate family of such\n person.\n\n 3. A person fishing from a licensed recreational boat licensed pursuant to\n § 28.2-302.7.\n\n 4. A person fishing from a licensed headboat, charterboat, or pier licensed\n pursuant to § 28.2-302 or 28.2-302.8.\n\n 5. A person fishing with gear licensed by the Commission.\n\n 6. The holder of a valid recreational fishing license issued by another state\n or jurisdiction, upon determination of reciprocity of the license by the\n Commissioner.\n\n 7. Members of the following groups, as determined by the Commissioner:\n \t\t\t\ta. Organized groups of individuals with physical or mental limitations;\n \t\t\t\tb. Organized groups of military veterans residing in veterans’\n hospitals; and\n \t\t\t\tc. School groups, grades kindergarten through 12, participating in\n school-sponsored trips.\n\n 8. A permanently and totally disabled person as defined in § 58.1-3217\n holding a special lifetime saltwater recreational fishing license issued\n pursuant to § 28.2-302.10.\n\n 9. A person holding a lifetime saltwater recreational fishing license issued\n pursuant to § 28.2-302.10:1.\n\n 10. A person fishing from a federally owned park or reserve with boundaries\n extending into an adjoining state that does not require a saltwater fishing\n license.\n\n 11. A Virginia resident who is a member of an American Indian tribe recognized\n by the Commonwealth and is carrying (i) an identification card or paper signed\n by the chief of his tribe, (ii) a valid tribal identification card, (iii) a\n written confirmation through a central tribal registry, or (iv) a\n certification from a tribal office, stating that the person is a member of\n such tribe. Such card or other certification shall create a presumption of\n residence in Virginia that may be rebutted by proof of actual residence\n elsewhere.\n\nB. No saltwater recreational fishing licenses shall be required on days that are\ndesignated as free fishing days. The Commissioner shall designate no more than\nthree free fishing days in any calendar year. This exemption shall not apply to\nheadboats, charterboats, or rental boats.\n\nHISTORY: 1992, c. 895; 1993, c. 241; 1999, c. 107; 2000, cc. 110, 142; 2002, c.\n215; 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}}