{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-403.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-403.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-403.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-403.html"}],"law_id":87175,"edition_id":1,"section_id":87175,"structure_id":13426,"section_number":"28.2-403","catch_line":"Action of Commissioner on such application; transfer of license of disabled vessel; delegation of authority; appeals","history":"Code 1950, \u00a7\u00a7 28-64, 28-65; 1962, c. 406, \u00a7 28.1-62; 1992, c. 836; 2013, cc. 59, 760.","full_text":"A\n\nIf the Commissioner is satisfied that the disclosures required by § 28.2-400 have been made and that the application conforms in other respects to the provisions of that section or to § 28.2-400.1, and upon payment of the license fee specified in § 28.2-402, the Commissioner, or the officer through whom or in whose district the application was made, shall issue to the applicant a license for each of the purse seines, vessels, or other watercraft specified in the application. The license shall state the name of the licensee and the name of the vessel or other watercraft licensed.\n\t\t\tIf any vessel or other watercraft so licensed becomes disabled during the period of such license, the licensee may, with the consent of the Commissioner, hire or charter a vessel or other craft belonging to a nonresident to replace the disabled one for the unexpired period of such license. In such a case, the officer shall transfer the license issued for the disabled vessel or other craft to the one so hired or chartered without requiring any additional license.B\n\nThe Commissioner may delegate to the officers his authority under this section. However, any person aggrieved by any action of an officer exercising such delegated authority shall have the right to appeal to the Commissioner for a review and correction of the actions of the officer. The appeal may be made by mailing a statement of the officer’s action, together with the appellant’s objections and the grounds for his objections, to the Commissioner. Upon receipt of such appeal, the Commissioner shall immediately notify the officer involved, who shall, within three days, deliver to the Commissioner all papers in his possession concerning the subject matter of the appeal, together with a written statement of and reasons for his actions. The Commissioner shall issue his ruling granting, transferring, refusing, or refusing to transfer the license within ten days after receipt by him of the appeal.","order_by":null,"text":{"0":{"id":312153,"text":"If the Commissioner is satisfied that the disclosures required by § 28.2-400 have been made and that the application conforms in other respects to the provisions of that section or to § 28.2-400.1, and upon payment of the license fee specified in § 28.2-402, the Commissioner, or the officer through whom or in whose district the application was made, shall issue to the applicant a license for each of the purse seines, vessels, or other watercraft specified in the application. The license shall state the name of the licensee and the name of the vessel or other watercraft licensed.\n\t\t\tIf any vessel or other watercraft so licensed becomes disabled during the period of such license, the licensee may, with the consent of the Commissioner, hire or charter a vessel or other craft belonging to a nonresident to replace the disabled one for the unexpired period of such license. In such a case, the officer shall transfer the license issued for the disabled vessel or other craft to the one so hired or chartered without requiring any additional license.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":312154,"text":"The Commissioner may delegate to the officers his authority under this section. However, any person aggrieved by any action of an officer exercising such delegated authority shall have the right to appeal to the Commissioner for a review and correction of the actions of the officer. The appeal may be made by mailing a statement of the officer’s action, together with the appellant’s objections and the grounds for his objections, to the Commissioner. Upon receipt of such appeal, the Commissioner shall immediately notify the officer involved, who shall, within three days, deliver to the Commissioner all papers in his possession concerning the subject matter of the appeal, together with a written statement of and reasons for his actions. The Commissioner shall issue his ruling granting, transferring, refusing, or refusing to transfer the license within ten days after receipt by him of the appeal.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13426,"edition_id":1,"name":"Licenses","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13425,"metadata":{},"date_created":"2026-06-26 03:44:52","date_modified":"2026-06-26 03:44:52","permalink":{"id":191155,"object_type":"structure","relational_id":13426,"identifier":"1","token":"28.2\/II\/4\/1","url":"\/28.2\/II\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13425,"edition_id":1,"name":"Use of Purse Nets for Taking Menhaden","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:44:52","date_modified":"2026-06-26 03:44:52","permalink":{"id":191153,"object_type":"structure","relational_id":13425,"identifier":"4","token":"28.2\/II\/4","url":"\/28.2\/II\/4\/","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":74572,"structure_id":13426,"section_number":"28.2-400","catch_line":"Application for license for resident or nonresident to catch menhaden","url":"\/28.2-400\/","token":"28.2\/II\/4\/1\/28.2-400","metadata":false},{"id":61283,"structure_id":13426,"section_number":"28.2-400.1","catch_line":"Criteria for qualifying for a limited entry purse seine menhaden bait license","url":"\/28.2-400.1\/","token":"28.2\/II\/4\/1\/28.2-400.1","metadata":false},{"id":62486,"structure_id":13426,"section_number":"28.2-400.2","catch_line":"Repealed","url":"\/28.2-400.2\/","token":"28.2\/II\/4\/1\/28.2-400.2","metadata":false},{"id":72248,"structure_id":13426,"section_number":"28.2-401","catch_line":"Service of process for nonresident individuals, foreign corporations, general and limited partnerships","url":"\/28.2-401\/","token":"28.2\/II\/4\/1\/28.2-401","metadata":false},{"id":62052,"structure_id":13426,"section_number":"28.2-402","catch_line":"License fee to take menhaden with purse nets","url":"\/28.2-402\/","token":"28.2\/II\/4\/1\/28.2-402","metadata":false},{"id":87175,"structure_id":13426,"section_number":"28.2-403","catch_line":"Action of Commissioner on such application; transfer of license of disabled vessel; delegation of authority; appeals","url":"\/28.2-403\/","token":"28.2\/II\/4\/1\/28.2-403","metadata":false},{"id":85007,"structure_id":13426,"section_number":"28.2-404","catch_line":"Appeals from actions of Commissioner","url":"\/28.2-404\/","token":"28.2\/II\/4\/1\/28.2-404","metadata":false},{"id":54817,"structure_id":13426,"section_number":"28.2-405","catch_line":"Carrying patent tongs, etc., while fishing for menhaden; penalty","url":"\/28.2-405\/","token":"28.2\/II\/4\/1\/28.2-405","metadata":false},{"id":54393,"structure_id":13426,"section_number":"28.2-406","catch_line":"Reserved","url":"\/28.2-406\/","token":"28.2\/II\/4\/1\/28.2-406","metadata":false},{"id":54966,"structure_id":13426,"section_number":"28.2-407","catch_line":"Forfeiture of fishing gear","url":"\/28.2-407\/","token":"28.2\/II\/4\/1\/28.2-407","metadata":false}],"previous_section":{"id":62052,"structure_id":13426,"section_number":"28.2-402","catch_line":"License fee to take menhaden with purse nets","url":"\/28.2-402\/","token":"28.2\/II\/4\/1\/28.2-402","metadata":false},"next_section":{"id":85007,"structure_id":13426,"section_number":"28.2-404","catch_line":"Appeals from actions of Commissioner","url":"\/28.2-404\/","token":"28.2\/II\/4\/1\/28.2-404","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-403\/","history_text":"

The record of this law\u2019s original creation isn\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 1962, chapter 406; in 1992, chapter 836; in 2013, chapters 59<\/a> and 760<\/a>.<\/p>","references":[{"id":85007,"section_number":"28.2-404","catch_line":"Appeals from actions of Commissioner","order_by":null,"url":"\/28.2-404\/"}],"refers_to":[{"id":74572,"section_number":"28.2-400","catch_line":"Application for license for resident or nonresident to catch menhaden","order_by":null,"url":"\/28.2-400\/"},{"id":61283,"section_number":"28.2-400.1","catch_line":"Criteria for qualifying for a limited entry purse seine menhaden bait license","order_by":null,"url":"\/28.2-400.1\/"},{"id":62052,"section_number":"28.2-402","catch_line":"License fee to take menhaden with purse nets","order_by":null,"url":"\/28.2-402\/"}],"permalink":{"id":191177,"object_type":"law","relational_id":87175,"identifier":"28.2-403","token":"28.2\/II\/4\/1\/28.2-403","url":"\/28.2-403\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-403\/","token":"28.2\/II\/4\/1\/28.2-403","dublin_core":{"Title":"Action of Commissioner on such application; transfer of license of disabled vessel; delegation of authority; appeals","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-403","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the Commissioner<\/span> is satisfied that the disclosures required by § 28.2-400<\/a> have been made and that the application conforms in other respects to the provisions of that section or to § 28.2-400.1<\/a>, and upon payment of the license fee specified in § 28.2-402<\/a>, the Commissioner<\/span>, or the officer<\/span> through whom or in whose district the application was made, shall issue<\/span> to the applicant a license for each of the purse seines, vessels, or other watercraft specified in the application. The license shall state the name of the licensee and the name of the vessel or other watercraft licensed.\n\t\t\tIf any vessel or other watercraft so licensed becomes disabled during the period of such license, the licensee may, with the consent of the Commissioner<\/span>, hire or charter a vessel or other craft belonging to a nonresident to replace the disabled one for the unexpired period of such license. In such a case, the officer<\/span> shall transfer the license issued for the disabled vessel or other craft to the one so hired or chartered without requiring any additional license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> may delegate to the officers<\/span> his authority under this section. However, any person aggrieved by any action of an officer<\/span> exercising such delegated authority shall have the right to appeal<\/span> to the Commissioner<\/span> for a review and correction of the actions of the officer<\/span>. The appeal<\/span> may be made by mailing a statement of the officer<\/span>’s action, together with the appellant<\/span>’s objections and the grounds for his objections, to the Commissioner<\/span>. Upon receipt of such appeal<\/span>, the Commissioner<\/span> shall immediately notify the officer<\/span> involved, who shall, within three days, deliver to the Commissioner<\/span> all papers in his possession<\/span> concerning the subject matter of the appeal<\/span>, together with a written statement of and reasons for his actions. The Commissioner<\/span> shall issue<\/span> his ruling granting, transferring, refusing, or refusing to transfer the license within ten days after receipt by him of the appeal<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACTION OF COMMISSIONER ON SUCH APPLICATION; TRANSFER OF LICENSE OF DISABLED\nVESSEL; DELEGATION OF AUTHORITY; APPEALS (\u00a7 28.2-403)\n\nA. If the Commissioner is satisfied that the disclosures required by §\n28.2-400 have been made and that the application conforms in other respects to\nthe provisions of that section or to § 28.2-400.1, and upon payment of the\nlicense fee specified in § 28.2-402, the Commissioner, or the officer\nthrough whom or in whose district the application was made, shall issue to the\napplicant a license for each of the purse seines, vessels, or other watercraft\nspecified in the application. The license shall state the name of the licensee\nand the name of the vessel or other watercraft licensed.\n\t\t\tIf any vessel or other watercraft so licensed becomes disabled during the\nperiod of such license, the licensee may, with the consent of the Commissioner,\nhire or charter a vessel or other craft belonging to a nonresident to replace\nthe disabled one for the unexpired period of such license. In such a case, the\nofficer shall transfer the license issued for the disabled vessel or other craft\nto the one so hired or chartered without requiring any additional license.\n\nB. The Commissioner may delegate to the officers his authority under this\nsection. However, any person aggrieved by any action of an officer exercising\nsuch delegated authority shall have the right to appeal to the Commissioner for\na review and correction of the actions of the officer. The appeal may be made by\nmailing a statement of the officer’s action, together with the\nappellant’s objections and the grounds for his objections, to the\nCommissioner. Upon receipt of such appeal, the Commissioner shall immediately\nnotify the officer involved, who shall, within three days, deliver to the\nCommissioner all papers in his possession concerning the subject matter of the\nappeal, together with a written statement of and reasons for his actions. The\nCommissioner shall issue his ruling granting, transferring, refusing, or\nrefusing to transfer the license within ten days after receipt by him of the\nappeal.\n\nHISTORY: Code 1950, \u00a7\u00a7 28-64, 28-65; 1962, c. 406, \u00a7 28.1-62; 1992, c. 836;\n2013, cc. 59, 760.","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}}