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 (§ 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.
1962, c. 636, § 28.1-94.1; 1989, c. 428; 1992, c. 836; 1994, c. 541; 2013, c. 38.
Structure Code of Virginia
Title 28.2 - Fisheries and Habitat of the Tidal Waters
§ 28.2-500. Residency and certain oyster licenses
§ 28.2-501. Application for license to take or catch oysters or clams
§ 28.2-502. License fees for taking oysters or clams in tidal waters
§ 28.2-503. License for taking clams with tongs
§ 28.2-504. License fee graduated; penalty
§ 28.2-505. Sale of shells to Commission
§ 28.2-506. Season for taking oysters from public rocks; penalty
§ 28.2-507. Opening and closing public rocks
§ 28.2-508. Prohibited area for patent tongs; penalty
§ 28.2-509. Maximum weight for patent tongs; teeth length; penalty
§ 28.2-510. Buying, selling, or possessing unculled oysters; penalty
§ 28.2-511. Culling oysters; penalty
§ 28.2-512. Interfering with oyster inspections; penalty
§ 28.2-513. Prima facie evidence of culling violation; defense
§ 28.2-514. Possession of shucked oysters; penalty
§ 28.2-515. Dredging or scraping on private ground; permit required
§ 28.2-516. Oyster dredging or oyster dredging equipment on boat; penalty
§ 28.2-518. Dredging for oysters in James River; penalty
§ 28.2-519. Use of rakes or scrapes on ocean side of Eastern Shore; penalty
§ 28.2-520. Use of hydraulic dredges prohibited; exceptions; penalty
§ 28.2-521. Revocation of license or permit to dredge
§ 28.2-522. Prima facie evidence of violation
§ 28.2-524. Taking oysters or clams in certain areas; limitations
§ 28.2-525. Fishing in Chesapeake Bay immediately west of Tangier Island
§ 28.2-526. Oyster measures; standards; penalty
§ 28.2-527. Theft of oysters, clams, shells, etc.; penalty
§ 28.2-528. Revocation of licenses for theft of oysters
§ 28.2-529. Converting shells into lime; penalty
§ 28.2-530. Taking oysters or loading on vessel on Sunday or at night; penalty
§ 28.2-531. Taking clams on Sunday or at night; exception; penalty
§ 28.2-532. Protection of oysters and clams of Virginia; labeling; penalty
§ 28.2-533. Oysters on crab dredging boat; penalty
§ 28.2-534. Possession of oysters while taking clams; penalty
§ 28.2-535. Permit to buy or carry seed oysters from certain grounds; penalty
§ 28.2-536. Taking clams in certain areas; penalty
§ 28.2-537. Restriction on size of clams; penalty
§ 28.2-538. Record of oysters handled; penalty
§ 28.2-541. Oyster resource user fees
§ 28.2-542. Oyster Replenishment Fund
§ 28.2-546. Permit to carry oysters out of state
§ 28.2-547. Authority to inspect oysters when loaded on conveyance
§ 28.2-549. Violations; recovery of oyster resource user fees; penalties
§ 28.2-551. Surveys and reports as conclusive evidence
§ 28.2-551.1. Continuing or reestablishing historic Baylor Survey lines
§ 28.2-552. Resurvey on motion of Commission or on application of citizens
§ 28.2-553. Reestablishment of lines of Baylor survey; procedure; evidence of reestablished lines
§ 28.2-554. Sale of Baylor survey charts and plats
§ 28.2-555. Crossings of Baylor survey
§ 28.2-556. Erosion control devices within the Baylor survey
§ 28.2-557. Unlawful to threaten or hinder surveyor; rights of surveyor; penalty
§ 28.2-558. Placing permanent markers
§ 28.2-559. Removal of oysters planted by mistake
§ 28.2-560. Larceny of oysters and shells; penalty