                                 CODE OF VIRGINIA

AUTHORITY OF COMMISSION TO MAKE REGULATIONS, ESTABLISH LICENSES, AND PREPARE
FISHERY MANAGEMENT PLANS; ACCEPT FEDERAL GRANTS; ENFORCEMENT; PENALTY FOR
VIOLATION OF REGULATION (§ 28.2-201)

The Commission may:

1. Adopt regulations, including those for taking seafood, necessary to promote
the general welfare of the seafood industry and to conserve and promote the
seafood and marine resources of the Commonwealth. The Commission may also adopt
regulations necessary for the conservation and reasonable use of surf clams.

2. Establish new licenses and fees commensurate with other licenses in an amount
not to exceed $100 for any device used for taking or catching seafood in the
tidal waters of the Commonwealth when the device (i) is not otherwise licensed
in this title and (ii) is used for commercial purposes. The Commission may
specify, when issuing such licenses, any restrictions or control over the
devices or the persons operating the device.

3. Establish fees for permits required for delayed or limited entry fisheries,
shellfish relaying, scientific collections, and for the administrative transfer
of these permits among fisherman, where applicable.

4. Beginning July 1, 2004, and not more frequently than every three years
thereafter, increase fees for tidal fisheries licenses and permits that are
authorized under this title or by regulation adopted pursuant to Article 2
(&#xA7; 28.2-209 et seq.). Any fee increase for such licenses and permits shall
be capped at $5 or a percentage equal to the increase in the Consumer Price
Index calculated from the time the fee was last set or adjusted, whichever is
greater. Beginning July 1, 2004, any amounts generated from the increases in
commercial fishing licenses and permits shall be paid into the Marine Fishing
Improvement Fund for the purposes authorized by &#xA7; 28.2-208, and any amounts
generated from the increases in recreational fishing licenses shall be paid into
the Virginia Saltwater Recreational Fishing Development Fund for the purposes
authorized by &#xA7; 28.2-302.3. The Commission may charge nonresidents a higher
fee than residents for purchase of any of the fishing licenses issued pursuant
to &#xA7;&#xA7; 28.2-302.2, 28.2-302.2:1, 28.2-302.6, 28.2-302.7, 28.2-302.8,
28.2-302.10, and 28.2-302.10:1. The fee charged to a nonresident shall be no
greater than twice the Virginia resident fee. The Commission may prohibit the
sale of the private boat license established by &#xA7; 28.2-302.7 to a
nonresident whose boat is not registered in Virginia.

5. The Commission shall ensure that increases in licenses and fees are equitably
distributed among resource user groups.

6. Prepare fishery management plans containing evaluations of regulatory
management options, based upon scientific, economic, biological, and
sociological information, and use them in the development of regulations. The
Commissioner may appoint a fisheries advisory committee and its chairman,
consisting of representatives of the various fishery user groups, to assist in
the preparation and implementation of the fishery management plans. The
Commission may expend funds to compensate the members of the committee pursuant
to &#xA7; 2.2-2825.

7. Provide for enforcement of any regulation governing surf clams by any
law-enforcement officer of any agency of the Commonwealth or its political
subdivisions or by any law-enforcement officer of any agency of the federal
government. Enforcement agreements with other agencies or political subdivisions
shall be stated in the regulation.

8. The Commonwealth hereby assents to the provisions of the Federal Aid in Sport
Fish Restoration Act of August 9, 1950 (16 U.S.C. &#xA7;&#xA7; 777-777k), as
amended. The Commission is authorized to perform all such acts as may be
necessary for the establishment and implementation of cooperative fish
restoration and management projects as defined by these federal statutes and the
implementing regulations adopted thereunder.
			Notwithstanding any provision of Chapter 4 (&#xA7; 28.2-400 et seq.), the
Commission shall have the exclusive authority to manage Atlantic menhaden and
shall adopt regulations necessary for its management, including those necessary
to comply with the Atlantic States Marine Fisheries Commission Interstate
Fishery Management Plan for Atlantic Menhaden. The Commission shall only adopt
regulations for the management of menhaden between October 1 and December 31
unless regulatory action is necessary to address an emergency situation pursuant
to &#xA7; 28.2-210 or to ensure compliance with the Atlantic States Marine
Fisheries Commission Interstate Fishery Management Plan for Atlantic Menhaden.
Any regulation for the management of Atlantic menhaden shall be subject to
judicial review in accordance with the provisions of &#xA7; 28.2-215.

HISTORY: Code 1950, § 28-43; 1960, c. 517; 1962, c. 406, §§ 28.1-23, 28.1-48;
1966, c. 684; 1968, cc. 748, 749; 1972, c. 833; 1973, cc. 21, 411, §
28.1-120.1; 1976, c. 392; 1979, c. 274; 1981, c. 61; 1983, cc. 307, 318; 1984,
c. 463; 1990, c. 445; 1992, c. 836; 1995, c. 136; 2004, c. 860; 2006, c. 5;
2009, c. 371; 2020, cc. 201, 356.