                                 CODE OF VIRGINIA

DEFINITIONS (§ 28.2-1105)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Inherent risks of a marine tourism activity&#8221; means those dangers
or conditions that are an integral part of a marine tourism activity, including
certain hazards, such as surface and subsurface conditions; natural conditions
of water; natural behaviors and dangers of varied marine products; and ordinary
dangers of boats, structures, or equipment ordinarily used in commercial fishing
operations. Inherent risks of marine tourism activities also includes the
potential of a participant to act in a negligent manner that may contribute to
injury to the participant or others, including failing to follow instructions
given by the marine tourism professional or failing to exercise reasonable
caution while engaging in the marine tourism activity.
		&#8220;Marine products&#8221; means any marine fish, shellfish, or organism
that inhabits marine or estuarine waters. Terrapin and marine mammals are
considered to be marine organisms.
		&#8220;Marine tourism activity&#8221; means any activity carried out by a
marine tourism professional that allows members of the general public, for
recreational, entertainment, or educational purposes, to view or enjoy marine
activities related to the historic and contemporary culture, practice, and
industry of commercial fishermen. Marine tourism activities may take place on
land or water and shall include aquaculture and fishing, as defined in §
28.2-100. An activity is a marine tourism activity whether or not the
participant paid to participate in the activity.
		&#8220;Marine tourism professional&#8221; means any commercial fisherman, as
defined in subsection D of § 28.2-241, or any person supervised by a commercial
fisherman who is engaged in the business of providing one or more marine tourism
activities, whether or not for compensation.
		&#8220;Participant&#8221; means any person, other than a marine professional,
who engages in marine tourism activities.

HISTORY: 2009, c. 329.