A. Any nonresident desiring to take or catch marine fish, crabs or any other seafood, except oysters, clams or other mollusks, from the tidal waters of the Commonwealth for which a license is required shall pay to any officer or agent a fee for a nonresident harvester's license. The fee, to be established by the Commission, shall be no less than $350 or more than $1,150 or as subsequently revised by the Commission pursuant to § 28.2-201. Three hundred fifty dollars of each fee shall be credited to the Virginia Marine Products Fund as provided under § 3.2-2705. The remainder of the fee shall be credited to the Marine Fishing Improvement Fund, as established pursuant to § 28.2-208.
B. The license shall be required of each boat used in Virginia's tidal waters and shall be in addition to any other licenses required for the activity involved.
C. The nonresident shall state under oath his true name and address, the name and number of the boat being licensed, and that he will not violate any of the laws of the Commonwealth governing the taking and catching of seafood.
D. A nonresident harvester's license shall be required prior to the purchase of any other license for the harvesting of seafood. Revocation of this license in accordance with § 28.2-232 shall constitute revocation of any other license held by the nonresident under the provisions of this subtitle. No commercial fishing license or permit shall be sold to a nonresident whose state of residence does not offer for sale the same or substantially similar license or permit to a resident of the Commonwealth.
E. Any Virginia resident who enters into a partnership or other agreement with the intent to defeat the object of this section is guilty of a Class 1 misdemeanor.
1983, c. 299, § 28.1-47.1; 1991, c. 411; 1992, c. 836; 1993, c. 245; 1994, c. 155; 2009, c. 9; 2010, cc. 12, 144.
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