{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-550.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-550.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-550.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-550.html"}],"law_id":80276,"edition_id":1,"section_id":80276,"structure_id":13618,"section_number":"28.2-550","catch_line":"Authority of Commissioner to make certain contracts; funds received to be paid into Oyster Replenishment Fund","history":"1962, c. 636, \u00a7 28.1-94.1; 1989, c. 428; 1992, c. 836; 1994, c. 541; 2013, c. 38.","full_text":"A\n\nThe Commissioner, with the approval of the Commission, may contract with any person to take or dredge submerged oyster shells or any other subaqueous materials from the tidal waters of the Commonwealth, and shall have the authority to plant, use, or sell such shells or other materials in whatever manner the Commission deems to be in the best interest of the Commonwealth.B\n\nThe Commissioner, with the approval of the Commission, may contract with any commercial fisherman to engage in replenishment, research, and stock assessment activities in the Commonwealth. The Commission may promulgate regulations establishing criteria for awarding such contracts, including a preference for commercial fishermen actively engaged in the taking or catching of fish or shellfish who have suffered an adverse economic impact resulting from the implementation of regulations of the Commission regulating the seafood and marine resources of the Commonwealth. In determining whether a person is a commercial fisherman actively engaged in the taking or catching of fish or shellfish, the Commission shall consider, among other relevant evidence, (i) his possession of a license issued pursuant to Article 1 (§ 28.2-500 et seq.) or (ii) his voluntary reporting of shellfish catches to the Commission.C\n\nThe Commission, when it makes a determination in writing that competitive bidding or competitive negotiation is not feasible or fiscally advantageous to the Commonwealth, may authorize other methods of purchasing and contracting for seed oysters, house shells, reef shells, shell bed turning, or other goods and services for oyster ground replenishment, including contracts with commercial fishermen for replenishment, research, and stock assessment activities as provided in subsection B, which are in the best interest of the Commonwealth and which are fair and impartial to suppliers. It may establish pricing for its awards and purchases; use selection methods by lot; and open, close, and revise its purchases according to changing conditions of the natural resources, markets, and sources of supply.","order_by":null,"text":{"0":{"id":287359,"text":"The Commissioner, with the approval of the Commission, may contract with any person to take or dredge submerged oyster shells or any other subaqueous materials from the tidal waters of the Commonwealth, and shall have the authority to plant, use, or sell such shells or other materials in whatever manner the Commission deems to be in the best interest of the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":287360,"text":"The Commissioner, with the approval of the Commission, may contract with any commercial fisherman to engage in replenishment, research, and stock assessment activities in the Commonwealth. The Commission may promulgate regulations establishing criteria for awarding such contracts, including a preference for commercial fishermen actively engaged in the taking or catching of fish or shellfish who have suffered an adverse economic impact resulting from the implementation of regulations of the Commission regulating the seafood and marine resources of the Commonwealth. In determining whether a person is a commercial fisherman actively engaged in the taking or catching of fish or shellfish, the Commission shall consider, among other relevant evidence, (i) his possession of a license issued pursuant to Article 1 (§ 28.2-500 et seq.) or (ii) his voluntary reporting of shellfish catches to the Commission.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":287361,"text":"The Commission, when it makes a determination in writing that competitive bidding or competitive negotiation is not feasible or fiscally advantageous to the Commonwealth, may authorize other methods of purchasing and contracting for seed oysters, house shells, reef shells, shell bed turning, or other goods and services for oyster ground replenishment, including contracts with commercial fishermen for replenishment, research, and stock assessment activities as provided in subsection B, which are in the best interest of the Commonwealth and which are fair and impartial to suppliers. It may establish pricing for its awards and purchases; use selection methods by lot; and open, close, and revise its purchases according to changing conditions of the natural resources, markets, and sources of supply.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13618,"edition_id":1,"name":"Oyster Records and Resource User Fees","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13617,"metadata":{},"date_created":"2026-06-26 03:45:23","date_modified":"2026-06-26 03:45:23","permalink":{"id":191373,"object_type":"structure","relational_id":13618,"identifier":"3","token":"28.2\/II\/5\/3","url":"\/28.2\/II\/5\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13617,"edition_id":1,"name":"Oysters and Clams","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:45:23","date_modified":"2026-06-26 03:45:23","permalink":{"id":191215,"object_type":"structure","relational_id":13617,"identifier":"5","token":"28.2\/II\/5","url":"\/28.2\/II\/5\/","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":76048,"structure_id":13618,"section_number":"28.2-538","catch_line":"Record of oysters handled; penalty","url":"\/28.2-538\/","token":"28.2\/II\/5\/3\/28.2-538","metadata":false},{"id":82708,"structure_id":13618,"section_number":"28.2-539","catch_line":"Repealed","url":"\/28.2-539\/","token":"28.2\/II\/5\/3\/28.2-539","metadata":false},{"id":82821,"structure_id":13618,"section_number":"28.2-541","catch_line":"Oyster resource user fees","url":"\/28.2-541\/","token":"28.2\/II\/5\/3\/28.2-541","metadata":false},{"id":61999,"structure_id":13618,"section_number":"28.2-542","catch_line":"Oyster Replenishment Fund","url":"\/28.2-542\/","token":"28.2\/II\/5\/3\/28.2-542","metadata":false},{"id":87302,"structure_id":13618,"section_number":"28.2-543","catch_line":"Repealed","url":"\/28.2-543\/","token":"28.2\/II\/5\/3\/28.2-543","metadata":false},{"id":75423,"structure_id":13618,"section_number":"28.2-545","catch_line":"Reserved","url":"\/28.2-545\/","token":"28.2\/II\/5\/3\/28.2-545","metadata":false},{"id":66521,"structure_id":13618,"section_number":"28.2-546","catch_line":"Permit to carry oysters out of state","url":"\/28.2-546\/","token":"28.2\/II\/5\/3\/28.2-546","metadata":false},{"id":60391,"structure_id":13618,"section_number":"28.2-547","catch_line":"Authority to inspect oysters when loaded on conveyance","url":"\/28.2-547\/","token":"28.2\/II\/5\/3\/28.2-547","metadata":false},{"id":67262,"structure_id":13618,"section_number":"28.2-548","catch_line":"Duty to inspect","url":"\/28.2-548\/","token":"28.2\/II\/5\/3\/28.2-548","metadata":false},{"id":54584,"structure_id":13618,"section_number":"28.2-549","catch_line":"Violations; recovery of oyster resource user fees; penalties","url":"\/28.2-549\/","token":"28.2\/II\/5\/3\/28.2-549","metadata":false},{"id":80276,"structure_id":13618,"section_number":"28.2-550","catch_line":"Authority of Commissioner to make certain contracts; funds received to be paid into Oyster Replenishment Fund","url":"\/28.2-550\/","token":"28.2\/II\/5\/3\/28.2-550","metadata":false}],"previous_section":{"id":54584,"structure_id":13618,"section_number":"28.2-549","catch_line":"Violations; recovery of oyster resource user fees; penalties","url":"\/28.2-549\/","token":"28.2\/II\/5\/3\/28.2-549","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-550\/","history_text":"

This law was first created in 1962. The record of its establishment is cataloged in chapter 636 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 1962 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1989, chapter 428; in 1992, chapter 836; in 1994, chapter 541<\/a>; in 2013, chapter 38<\/a>.<\/p>","references":false,"refers_to":[{"id":64760,"section_number":"28.2-500","catch_line":"Residency and certain oyster licenses","order_by":null,"url":"\/28.2-500\/"}],"permalink":{"id":191415,"object_type":"law","relational_id":80276,"identifier":"28.2-550","token":"28.2\/II\/5\/3\/28.2-550","url":"\/28.2-550\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-550\/","token":"28.2\/II\/5\/3\/28.2-550","dublin_core":{"Title":"Authority of Commissioner to make certain contracts; funds received to be paid into Oyster Replenishment Fund","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-550","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span>, with the approval of the Commission<\/span>, may contract<\/span> with any person to take or dredge submerged oyster shells or any other subaqueous materials<\/span> from the tidal waters of the Commonwealth, and shall have the authority to plant, use, or sell such shells or other materials<\/span> in whatever manner the Commission<\/span> deems to be in the best interest of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span>, with the approval of the Commission<\/span>, may contract<\/span> with any commercial fisherman to engage in replenishment, research, and stock assessment activities in the Commonwealth. The Commission<\/span> may promulgate regulations establishing criteria for awarding such contracts<\/span>, including a preference for commercial fishermen actively engaged in the taking or catching of fish<\/span> or shellfish<\/span> who have suffered an adverse economic impact resulting from the implementation of regulations of the Commission<\/span> regulating the seafood and marine resources of the Commonwealth. In determining whether a person is a commercial fisherman actively engaged in the taking or catching of fish<\/span> or shellfish<\/span>, the Commission<\/span> shall consider, among other relevant evidence<\/span>, (i) his possession<\/span> of a license issued pursuant to Article 1 (§ 28.2-500<\/a> et seq.) or (ii) his voluntary reporting of shellfish<\/span> catches to the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission<\/span>, when it makes a determination in writing that competitive bidding or competitive negotiation is not feasible or fiscally advantageous to the Commonwealth, may authorize other methods of purchasing and contracting for seed oysters, house shells, reef shells, shell bed turning, or other goods and services for oyster ground replenishment, including contracts<\/span> with commercial fishermen for replenishment, research, and stock assessment activities as provided in subsection B, which are in the best interest of the Commonwealth and which are fair and impartial to suppliers. It may establish pricing for its awards and purchases; use selection methods by lot; and open, close, and revise its purchases according to changing conditions of the natural resources, markets, and sources of supply. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY OF COMMISSIONER TO MAKE CERTAIN CONTRACTS; FUNDS RECEIVED TO BE PAID\nINTO OYSTER REPLENISHMENT FUND (\u00a7 28.2-550)\n\nA. The Commissioner, with the approval of the Commission, may contract with any\nperson to take or dredge submerged oyster shells or any other subaqueous\nmaterials from the tidal waters of the Commonwealth, and shall have the\nauthority to plant, use, or sell such shells or other materials in whatever\nmanner the Commission deems to be in the best interest of the Commonwealth.\n\nB. The Commissioner, with the approval of the Commission, may contract with any\ncommercial fisherman to engage in replenishment, research, and stock assessment\nactivities in the Commonwealth. The Commission may promulgate regulations\nestablishing criteria for awarding such contracts, including a preference for\ncommercial fishermen actively engaged in the taking or catching of fish or\nshellfish who have suffered an adverse economic impact resulting from the\nimplementation of regulations of the Commission regulating the seafood and\nmarine resources of the Commonwealth. In determining whether a person is a\ncommercial fisherman actively engaged in the taking or catching of fish or\nshellfish, the Commission shall consider, among other relevant evidence, (i) his\npossession of a license issued pursuant to Article 1 (§ 28.2-500 et seq.)\nor (ii) his voluntary reporting of shellfish catches to the Commission.\n\nC. The Commission, when it makes a determination in writing that competitive\nbidding or competitive negotiation is not feasible or fiscally advantageous to\nthe Commonwealth, may authorize other methods of purchasing and contracting for\nseed oysters, house shells, reef shells, shell bed turning, or other goods and\nservices for oyster ground replenishment, including contracts with commercial\nfishermen for replenishment, research, and stock assessment activities as\nprovided in subsection B, which are in the best interest of the Commonwealth and\nwhich are fair and impartial to suppliers. It may establish pricing for its\nawards and purchases; use selection methods by lot; and open, close, and revise\nits purchases according to changing conditions of the natural resources,\nmarkets, and sources of supply.\n\nHISTORY: 1962, c. 636, \u00a7 28.1-94.1; 1989, c. 428; 1992, c. 836; 1994, c. 541;\n2013, c. 38.","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}}