A. The Commission may limit the number of gear licenses or permits to fish, except those licenses issued pursuant to subdivisions 1 and 2 of § 28.2-402, issued for use in a specific fishery. The Commission may, despite any such limits, issue such gear licenses or permits to fish to any person who has resided for at least five years on an island in the Commonwealth that is at least three miles from the mainland.
B. The Commission is authorized to promulgate regulations to carry out the provisions of this section. In determining whether to limit the sale of gear licenses or permits to fish, and determining who receives licenses, the Commission shall consider all factors relevant to the Commonwealth's fishery management policy, including but not limited to:
1. Economic and social consequences;
2. Food production;
3. Dependence on the fishery by licensees;
4. Efficiency of gear used in the fishery;
5. Impact on species and fisheries; and
6. Abundance of the resource.
1992, cc. 492, 504; 1998, c. 114; 2013, cc. 59, 760.
Structure Code of Virginia
Title 28.2 - Fisheries and Habitat of the Tidal Waters
Chapter 2 - General Provisions
§ 28.2-202. Commissioner; fishery powers
§ 28.2-203. Commission to prepare fishery management plans; standards
§ 28.2-203.1. Blue crab fishery management plan
§ 28.2-204. Authority to collect fisheries statistics
§ 28.2-204.1. Limited sale of gear licenses and permits; regulations
§ 28.2-205. Scientific collection permits; penalty
§ 28.2-206. Virginia Saltwater Sport Fishing Tournament
§ 28.2-207. Tournament Advisory Committee continued
§ 28.2-208. Marine Fishing Improvement Fund continued
§ 28.2-208.1. Commercial Fishing Advisory Board established
§ 28.2-208.2. Menhaden Management Advisory Committee established
§ 28.2-209. Publication of proposed regulations
§ 28.2-210. Adoption of emergency regulations
§ 28.2-211. Hearing on proposed regulations
§ 28.2-212. Adoption of regulations
§ 28.2-213. Distribution of new regulations
§ 28.2-214. Right of petition to Commission
§ 28.2-215. Judicial review of validity of regulations
§ 28.2-216. Hearings before Commission
§ 28.2-217. Procedure of hearing
§ 28.2-218. Finding, award, etc., of Commission
§ 28.2-219. Judicial review in contested cases
§ 28.2-220. Appeals to Court of Appeals
§ 28.2-221. Proof of posting of notices
§ 28.2-223. Appointment of officers
§ 28.2-224. Collection of license fees
§ 28.2-225. Fishing license required; penalty
§ 28.2-226. Exemptions from licensing requirements
§ 28.2-226.1. Recreational gear license required
§ 28.2-227. Special nonresident harvester's license; fee and oath; revocation; penalty
§ 28.2-228. Licenses for purchase of fish, shellfish, or marine organisms from the catcher; fee
§ 28.2-228.1. Seafood landing licenses
§ 28.2-229. When licenses terminate; proration and refund not permitted
§ 28.2-230. Penalty for false statements or altering a fishing license; penalty
§ 28.2-231. Exhibition of license; display to officers; penalty
§ 28.2-232. Revocation of licenses
§ 28.2-233. License tags or identification generally
§ 28.2-234. License tags and identification numbers to be fastened; penalty
§ 28.2-235. Duty to apply for new tag in case of loss; penalty
§ 28.2-236. Seizure of unmarked devices
§ 28.2-237. Removal of abandoned pole or stake; revocation of licenses for failure to remove stakes
§ 28.2-238. Concealing name or number of vessel; penalty
§ 28.2-239. Exemptions from article
§ 28.2-241. Registration of commercial fishermen required; exemption; penalty
§ 28.2-242. Report of harvest required
§ 28.2-243. Commission to promulgate regulations
§ 28.2-244. Purchase of shellfish or finfish; penalty
§ 28.2-245. Fishery Resource Grant Fund established; purpose; Consortium to award grants
§ 28.2-246. Fishery Resource Grant Advisory Board established; membership; duties
§ 28.2-247. Graduate Marine Science Consortium to submit report