                                 CODE OF VIRGINIA

EXEMPTIONS TO SALTWATER RECREATIONAL FISHING LICENSE (§ 28.2-302.5)

A. The following persons shall be exempt from the requirements of obtaining a
saltwater recreational fishing license as set forth in § 28.2-302.1:

   1. A person under the age of 16 or a person who has attained the age of 65.

   2. 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.

   3. A person fishing from a licensed recreational boat licensed pursuant to
   &#xA7; 28.2-302.7.

   4. A person fishing from a licensed headboat, charterboat, or pier licensed
   pursuant to &#xA7; 28.2-302 or 28.2-302.8.

   5. A person fishing with gear licensed by the Commission.

   6. The holder of a valid recreational fishing license issued by another state
   or jurisdiction, upon determination of reciprocity of the license by the
   Commissioner.

   7. Members of the following groups, as determined by the Commissioner:
   				a. Organized groups of individuals with physical or mental limitations;
   				b. Organized groups of military veterans residing in veterans&#8217;
   hospitals; and
   				c. School groups, grades kindergarten through 12, participating in
   school-sponsored trips.

   8. A permanently and totally disabled person as defined in &#xA7; 58.1-3217
   holding a special lifetime saltwater recreational fishing license issued
   pursuant to &#xA7; 28.2-302.10.

   9. A person holding a lifetime saltwater recreational fishing license issued
   pursuant to &#xA7; 28.2-302.10:1.

   10. 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.

   11. 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.

B. 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.

HISTORY: 1992, c. 895; 1993, c. 241; 1999, c. 107; 2000, cc. 110, 142; 2002, c.
215; 2018, c. 118.