                                 CODE OF VIRGINIA

AUTHORITY OF COMMISSIONER TO MAKE CERTAIN CONTRACTS; FUNDS RECEIVED TO BE PAID
INTO OYSTER REPLENISHMENT FUND (§ 28.2-550)

A. 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.

B. 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 (&#xA7; 28.2-500 et seq.)
or (ii) his voluntary reporting of shellfish catches to the Commission.

C. 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.

HISTORY: 1962, c. 636, § 28.1-94.1; 1989, c. 428; 1992, c. 836; 1994, c. 541;
2013, c. 38.