A. Any person desiring to take or catch finfish or shellfish for recreational purposes in the tidal waters of the Commonwealth using commercial gear authorized under § 28.2-226.2 shall first obtain the appropriate commercial gear license for recreational purposes. A license to use such gear for recreational purposes shall be issued to an individual for his exclusive use and shall not be transferable.
B. All gear licenses issued for recreational purposes shall be so marked.
C. Any person who has obtained a commercial gear license for recreational purposes only shall be exempt from the commercial fishing registration requirements of §§ 28.2-241 and 28.2-242.
D. For purposes of this section and §§ 28.2-226.2 and 28.2-232, "recreational purposes" means finfish or shellfish taken for personal use and not sold, traded, bartered, or given to another in order to be sold, traded, or bartered.
E. Holders of licenses under this section shall report catch and other data as is deemed necessary by the Commission for effective fisheries management.
F. Any person who engages in an activity for which an exemption is provided in § 28.2-226, holds a saltwater recreational fishing license and uses a gear type listed in § 28.2-302.1, or is exempt from the requirements of obtaining a saltwater recreational license pursuant to subdivision A 11 of § 28.2-302.5 shall be exempt from the requirement of obtaining a commercial gear license for recreational purposes.
1993, c. 219; 2005, c. 124; 2015, c. 468; 2018, c. 118.
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