Code of Virginia
Title 28.2 - Fisheries and Habitat of the Tidal Waters

§ 28.2-105. Legal representation for employees in criminal prosecution; compensation - If any Commission employee is prosecuted on any criminal charge...

§ 28.2-106. Virginia Marine Police; law-enforcement responsibilities; qualifications; oath - A. The law-enforcement division of the Commission shall be designated...

§ 28.2-106.1. Patrol and enforcement of federal safety zones and restricted areas - Pursuant to federal authorization or upon request from a federal...

§ 28.2-106.2. Establishment, patrol, and enforcement of state water safety zones and restricted areas; penalty - A. The Commission is authorized, following consultation with the U.S....

§ 28.2-107. Commission to implement radio system - The Commission shall take steps to implement an effective marine...

§ 28.2-108. Marine Patrols Fund continued - A. The Marine Patrols Fund is continued and hereinafter referred...

§ 28.2-109. Definitions - As used in this article, unless the context requires a...

§ 28.2-110. Filing requirements; penalty - A. The operator, or a ship agent acting on behalf...

§ 28.2-111. Adoption of guidelines and forms - A. The Commission shall adopt the federal guidelines as the...

Chapter 2 - General Provisions

§ 28.2-200. Definitions - As used in this subtitle, unless the context requires a...

§ 28.2-201. Authority of Commission to make regulations, establish licenses, and prepare fishery management plans; accept federal grants; enforcement; penalty for violation of regulation - The Commission may: 1. Adopt regulations, including those for taking...

§ 28.2-201.1. Commission to administer grants to individuals transferring oysters to a state-managed sanctuary; fund - For purposes of this section: "Fund" means the Oyster Growing...

§ 28.2-202. Commissioner; fishery powers - The Commissioner may: 1. Investigate all matters affecting the seafood...

§ 28.2-203. Commission to prepare fishery management plans; standards - The Commission shall prepare and implement fishery management plans so...

§ 28.2-203.1. Blue crab fishery management plan - A. The Commission shall prepare, in consultation with the Virginia...

§ 28.2-204. Authority to collect fisheries statistics - A. The Commission may collect from any source any fisheries...

§ 28.2-204.1. Limited sale of gear licenses and permits; regulations - A. The Commission may limit the number of gear licenses...

§ 28.2-205. Scientific collection permits; penalty - A. Except as provided for in § 28.2-1101, it is...

§ 28.2-206. Virginia Saltwater Sport Fishing Tournament - The Commission shall promote and develop the Commonwealth's saltwater angling...

§ 28.2-207. Tournament Advisory Committee continued - A. The Virginia Saltwater Sport Fishing Tournament Advisory Committee is...

§ 28.2-208. Marine Fishing Improvement Fund continued - There is hereby continued a special, nonreverting fund in the...

§ 28.2-208.1. Commercial Fishing Advisory Board established - A. There is hereby established the Commercial Fishing Advisory Board,...

§ 28.2-208.2. Menhaden Management Advisory Committee established - The Commissioner shall establish a Menhaden Management Advisory Committee (the...

§ 28.2-209. Publication of proposed regulations - No regulation of general application shall be promulgated until the...

§ 28.2-210. Adoption of emergency regulations - If, in an emergency, the adoption of a regulation is...

§ 28.2-211. Hearing on proposed regulations - A public hearing shall be held by the agency at...

§ 28.2-212. Adoption of regulations - A regulation may be adopted in the form in which...

§ 28.2-213. Distribution of new regulations - A copy of any regulation of general application adopted by...

§ 28.2-214. Right of petition to Commission - Any interested person may petition the Commission requesting the promulgation,...

§ 28.2-215. Judicial review of validity of regulations - Judicial review of any regulation shall be in accordance with...

§ 28.2-216. Hearings before Commission - A. Any person whose rights, duties, or privileges, including matters...

§ 28.2-217. Procedure of hearing - Every party shall have the right to cross-examine adverse witnesses...

§ 28.2-218. Finding, award, etc., of Commission - In all contested matters, the finding, award, action or judgment...

§ 28.2-219. Judicial review in contested cases - Any person aggrieved by a final decision in a contested...

§ 28.2-220. Appeals to Court of Appeals - An appeal of the final decision of the circuit court...

§ 28.2-221. Proof of posting of notices - The return by any Commission employee as to the posting...

§ 28.2-222. Districts - The Commission shall divide and periodically redistrict the territory over...

§ 28.2-223. Appointment of officers - The Commissioner shall assign at least one officer to each...

§ 28.2-224. Collection of license fees - The Commissioner may designate an officer assigned to a district...

§ 28.2-225. Fishing license required; penalty - It shall be unlawful to fish in the tidal waters...

§ 28.2-226. Exemptions from licensing requirements - The following activities are exempt from the licensing requirements of...

§ 28.2-226.1. Recreational gear license required - A. Any person desiring to take or catch finfish or...

§ 28.2-226.2. Commission to establish requirements for commercial gear licenses used for recreational purposes - A. The Commission is authorized to establish the type and...

§ 28.2-227. Special nonresident harvester's license; fee and oath; revocation; penalty - A. Any nonresident desiring to take or catch marine fish,...

§ 28.2-228. Licenses for purchase of fish, shellfish, or marine organisms from the catcher; fee - A. Any person purchasing from the catcher clams, crabs, fish,...

§ 28.2-228.1. Seafood landing licenses - A. The Commission may by regulation establish licenses for the...

§ 28.2-229. When licenses terminate; proration and refund not permitted - A. The Commission shall issue all licenses on an annual...

§ 28.2-230. Penalty for false statements or altering a fishing license; penalty - It shall be unlawful for any person to (i) subscribe...

§ 28.2-231. Exhibition of license; display to officers; penalty - Any person engaged in fishing shall have the required license...

§ 28.2-232. Revocation of licenses - A. The Commission may revoke the fishing privileges within the...

§ 28.2-233. License tags or identification generally - The Commission shall provide metal license tags or identification numbers...

§ 28.2-234. License tags and identification numbers to be fastened; penalty - A. License tags or identification numbers shall be attached and...

§ 28.2-235. Duty to apply for new tag in case of loss; penalty - Should the metal tag required by § 28.2-234 be removed...

§ 28.2-236. Seizure of unmarked devices - Any fishing device not marked, tagged or identified in the...

§ 28.2-237. Removal of abandoned pole or stake; revocation of licenses for failure to remove stakes - A. Any person fishing a pound net or any other...

§ 28.2-238. Concealing name or number of vessel; penalty - Any captain or owner who covers or conceals the name,...

§ 28.2-239. Exemptions from article - Nothing in this article applies to boats used purely for...

§ 28.2-240. Repealed - Repealed by Acts 1993, c. 219.

§ 28.2-241. Registration of commercial fishermen required; exemption; penalty - A. On and after January 1, 1993, holders of gear...

§ 28.2-242. Report of harvest required - All harvests shall be reported by either commercial fishermen, licensed...

§ 28.2-243. Commission to promulgate regulations - The Commission shall promulgate regulations governing the registration of commercial...

§ 28.2-244. Purchase of shellfish or finfish; penalty - A person shall not purchase shellfish or finfish from any...

§ 28.2-245. Fishery Resource Grant Fund established; purpose; Consortium to award grants - A. There is hereby established within the state treasury a...

§ 28.2-246. Fishery Resource Grant Advisory Board established; membership; duties - A. The Fishery Resource Grant Advisory Board shall be composed...

§ 28.2-247. Graduate Marine Science Consortium to submit report - At the end of each grant cycle, the Graduate Marine...

Chapter 3 - Finfish

§ 28.2-300. License application to fish with certain nets - Any person desiring to take or catch fish with any...

§ 28.2-301. License fee for fishing in tidal waters - Every applicant for a license to catch or take fish...

§ 28.2-302. Commercial fishing pier; license fee; penalty - A. The owner of a commercial fishing pier shall pay...

§ 28.2-302.1. Recreational license required - Except in areas under the jurisdiction of the Department of...

§ 28.2-302.1:1. Fisherman Identification Program - The Commission shall establish the Fisherman Identification Program, which shall...

§ 28.2-302.2. Recreational license fee; cooperative program - A. The annual fee for the saltwater recreational fishing license...

§ 28.2-302.2:1. Special combined individual sportfishing licenses - A. Residents and nonresidents of the Commonwealth may obtain: 1....

§ 28.2-302.3. Virginia Saltwater Recreational Fishing Development Fund established - There is hereby established a special, nonreverting fund in the...

§ 28.2-302.4. Virginia Recreational Fishing Advisory Board established - A. There is hereby established the Virginia Recreational Fishing Advisory...

§ 28.2-302.5. Exemptions to saltwater recreational fishing license - A. The following persons shall be exempt from the requirements...

§ 28.2-302.6. Temporary license - A. The Commission shall provide for issuance of a temporary...

§ 28.2-302.7. Recreational boat; reporting of catch - A. The owner or operator of a recreational boat used...

§ 28.2-302.7:1. Reissuance of licenses for recreational boats - The Commission shall provide for the reissuance of a saltwater...

§ 28.2-302.8. Headboat or charterboat; rental boats - A. The Commission may establish the sale of a fishing...

§ 28.2-302.9. Commercial fishing pier - A. The owner of a commercial fishing pier, as defined...

§ 28.2-302.10. Special lifetime saltwater recreational fishing license; permanently and totally disabled persons - A. Any resident who is permanently and totally disabled, as...

§ 28.2-302.10:1. Lifetime saltwater recreational fishing licenses for residents and nonresidents - A. Any resident or nonresident individual may apply for and...

§ 28.2-303. Taking and sale of sturgeon prohibited; penalty - Except as otherwise provided by regulation, it shall be unlawful...

§ 28.2-304. Repealed - Repealed by Acts 2014, cc. 108 and 142, cl. 1.

§ 28.2-305. Size of mesh and length and depth of certain nets; penalty - A. It is unlawful for any person to use the...

§ 28.2-306. Use of certain fishing devices in certain waters; penalty - It is unlawful for any person to use any snatch...

§ 28.2-307. Length of fixed fishing device; gill nets; penalty - A. It is unlawful for any person to use a...

§ 28.2-308. Setting of gill nets in oceanfront; penalty - From the Friday immediately preceding Memorial Day through September 15...

§ 28.2-309. Distance nets may extend across body of water or channel; prohibition; regulations; penalty - A. It is unlawful to set or fish any net...

§ 28.2-310. Trotline prohibited on ocean side of Eastern Shore; penalty - It shall be unlawful to set a fish trotline on...

§ 28.2-311. Chickahominy River in Charles City; penalty - It is unlawful for any person to take or catch...

§ 28.2-312. Rappahannock River and certain of its tributaries; penalty - It is unlawful for any person to use any haul...

§ 28.2-313. Killing fish by means of explosives, drugs, or poisons; possession; penalty - A. It is unlawful to capture or kill any fish,...

§ 28.2-314. Trawl nets and drag nets prohibited; sale of fish; penalty - Except as may be provided in § 28.2-315, it is...

§ 28.2-315. Fishing with trawl net within three-mile limit; license fee - A. It is unlawful to catch fish, shellfish, or marine...

§ 28.2-316. Trawling boat not granted license for other fishing device; penalty - It is unlawful for any vessel, boat or other craft...

§ 28.2-317. Prima facie evidence of violation; penalty - Any vessel, boat, or other craft found in the waters...

§ 28.2-318. Exemption for certain trawling activity - Nothing in this article shall prohibit (i) the use of...

§ 28.2-319. Forfeiture of fishing gear, etc. - Any net, pot, or other fishing device or gear used...

Chapter 4 - Use of Purse Nets for Taking Menhaden

§ 28.2-400. Application for license for resident or nonresident to catch menhaden - A. Any nonresident owning or holding by lease or charter...

§ 28.2-400.1. Criteria for qualifying for a limited entry purse seine menhaden bait license - A. The Commission shall establish and administer a limited entry...

§ 28.2-400.2. Repealed - Repealed by Acts 2020, cc. 201 and 356, cl. 2,...

§ 28.2-401. Service of process for nonresident individuals, foreign corporations, general and limited partnerships - A. A nonresident applicant who is an individual shall by...

§ 28.2-402. License fee to take menhaden with purse nets - Any person desiring to take or catch menhaden with purse...

§ 28.2-403. Action of Commissioner on such application; transfer of license of disabled vessel; delegation of authority; appeals - A. If the Commissioner is satisfied that the disclosures required...

§ 28.2-404. Appeals from actions of Commissioner - Any person aggrieved by any action of the Commissioner taken...

§ 28.2-405. Carrying patent tongs, etc., while fishing for menhaden; penalty - It shall be unlawful for any captain or owner to...

§ 28.2-406. Reserved - Reserved.

§ 28.2-407. Forfeiture of fishing gear - Any net, pot, or other fishing device or gear used...

§ 28.2-408. Food fish not to be taken, bought, or sold; percentage allowable; penalty - A. It is unlawful to take, catch or round up...

§ 28.2-409. Menhaden fishing prohibited in certain areas; exception - A. Except as provided in subsection B of this section,...

§ 28.2-410. Closed season for menhaden fishing; forbidden nets; penalty - Except as provided in § 28.2-409 or as otherwise provided...

§ 28.2-411. Repealed - Repealed by Acts 2020, cc. 201 and 356, cl. 2,...

Chapter 5 - Oysters and Clams

§ 28.2-500. Residency and certain oyster licenses - No residence restriction shall prohibit any person from obtaining any...

§ 28.2-501. Application for license to take or catch oysters or clams - A. Any resident of this Commonwealth who desires to take...

§ 28.2-502. License fees for taking oysters or clams in tidal waters - Every resident who applies for a license to take or...

§ 28.2-503. License for taking clams with tongs - The license for taking clams, by ordinary or patent tongs,...

§ 28.2-504. License fee graduated; penalty - A. Every person engaged in the business of shucking or...

§ 28.2-505. Sale of shells to Commission - A. Each shucker or packer of oysters shall sell to...

§ 28.2-506. Season for taking oysters from public rocks; penalty - A. The season for taking oysters by shaft tongs or...

§ 28.2-507. Opening and closing public rocks - The Commission, in order to protect or promote the growth...

§ 28.2-508. Prohibited area for patent tongs; penalty - It is unlawful for any person to use or employ...

§ 28.2-509. Maximum weight for patent tongs; teeth length; penalty - It is unlawful for any person to use patent tongs...

§ 28.2-510. Buying, selling, or possessing unculled oysters; penalty - It is unlawful for any person to buy, sell, or...

§ 28.2-511. Culling oysters; penalty - A. 1. In addition to any other penalty prescribed by...

§ 28.2-512. Interfering with oyster inspections; penalty - It is unlawful for any person possessing unshucked oysters to...

§ 28.2-513. Prima facie evidence of culling violation; defense - It is unlawful for a person to have any oysters...

§ 28.2-514. Possession of shucked oysters; penalty - It is unlawful for any person to possess more than...

§ 28.2-515. Dredging or scraping on private ground; permit required - Any resident of the Commonwealth holding under legal assignment an...

§ 28.2-516. Oyster dredging or oyster dredging equipment on boat; penalty - It is unlawful for any person to have on board...

§ 28.2-517. Marking ground - A person shall not dredge or scrape his oyster-planting ground...

§ 28.2-518. Dredging for oysters in James River; penalty - It shall be unlawful for any person to dredge for...

§ 28.2-519. Use of rakes or scrapes on ocean side of Eastern Shore; penalty - It shall be unlawful for any person to use dredges,...

§ 28.2-520. Use of hydraulic dredges prohibited; exceptions; penalty - A. It shall be unlawful for any person, unless he...

§ 28.2-521. Revocation of license or permit to dredge - The Commission, on testimony of an officer at a hearing...

§ 28.2-522. Prima facie evidence of violation - In any prosecution for the violation of any sections of...

§ 28.2-523. Penalty - Any person who takes or catches oysters with a dredge,...

§ 28.2-524. Taking oysters or clams in certain areas; limitations - The Commission, in order to protect and promote the oyster...

§ 28.2-525. Fishing in Chesapeake Bay immediately west of Tangier Island - The Commission, in order to protect and promote the fishery...

§ 28.2-526. Oyster measures; standards; penalty - A. Except as provided in subsection B, C, or D,...

§ 28.2-527. Theft of oysters, clams, shells, etc.; penalty - Any person who steals, or takes or carries away without...

§ 28.2-528. Revocation of licenses for theft of oysters - The Commission, without notice and hearing required by § 28.2-232,...

§ 28.2-529. Converting shells into lime; penalty - It shall be unlawful for any person to take or...

§ 28.2-530. Taking oysters or loading on vessel on Sunday or at night; penalty - A. It shall be unlawful for any person to take...

§ 28.2-531. Taking clams on Sunday or at night; exception; penalty - It shall be unlawful for any person to take clams...

§ 28.2-532. Protection of oysters and clams of Virginia; labeling; penalty - It shall be unlawful for any person to offer for...

§ 28.2-533. Oysters on crab dredging boat; penalty - It shall be unlawful for any person licensed to catch...

§ 28.2-534. Possession of oysters while taking clams; penalty - The possession of oysters while taking or catching clams during...

§ 28.2-535. Permit to buy or carry seed oysters from certain grounds; penalty - A. It is unlawful for any person to buy or...

§ 28.2-536. Taking clams in certain areas; penalty - It is unlawful to take or catch clams in Pocomoke...

§ 28.2-537. Restriction on size of clams; penalty - It is unlawful for any person to harvest or ship...

§ 28.2-538. Record of oysters handled; penalty - All licensed oyster harvesters, buyers, shucking houses, and aquaculture operations...

§ 28.2-539. Repealed - Repealed by Acts 2013, c. 38, cl. 2.

§ 28.2-541. Oyster resource user fees - A. There are imposed upon all oysters taken from the...

§ 28.2-542. Oyster Replenishment Fund - All oyster resource user fees collected by the Commission shall...

§ 28.2-543. Repealed - Repealed by Acts 2013, c. 38, cl. 2.

§ 28.2-545. Reserved - Reserved.

§ 28.2-546. Permit to carry oysters out of state - A. It shall be unlawful for any person to carry,...

§ 28.2-547. Authority to inspect oysters when loaded on conveyance - Any officer is authorized to inspect as to the quality,...

§ 28.2-548. Duty to inspect - It shall be the duty of the officer in whose...

§ 28.2-549. Violations; recovery of oyster resource user fees; penalties - Any person who violates any provision of this article is...

§ 28.2-550. Authority of Commissioner to make certain contracts; funds received to be paid into Oyster Replenishment Fund - A. The Commissioner, with the approval of the Commission, may...

§ 28.2-551. Surveys and reports as conclusive evidence - The surveys of the natural oyster beds, rocks, and shoals...

§ 28.2-551.1. Continuing or reestablishing historic Baylor Survey lines - When private leaseholds granted by the Commission or its predecessors...

§ 28.2-552. Resurvey on motion of Commission or on application of citizens - The Commission may select and appoint any surveyor to survey...

§ 28.2-553. Reestablishment of lines of Baylor survey; procedure; evidence of reestablished lines - The Commission may reestablish, relocate, and remark all lines of...

§ 28.2-554. Sale of Baylor survey charts and plats - The Commissioner shall have available to sell at five dollars...

§ 28.2-555. Crossings of Baylor survey - The Department of Transportation may maintain, repair, reconstruct, or replace...

§ 28.2-556. Erosion control devices within the Baylor survey - The public oyster beds, rocks, and shoals shall not include...

§ 28.2-557. Unlawful to threaten or hinder surveyor; rights of surveyor; penalty - It is unlawful for any person to threaten, resist, or...

§ 28.2-558. Placing permanent markers - Whenever the Commission makes or directs any surveys of Virginia's...

§ 28.2-559. Removal of oysters planted by mistake - When, by any resurvey of oyster-planting ground or survey reestablishing...

§ 28.2-560. Larceny of oysters and shells; penalty - Any person other than the holder of an oyster-planting ground...

§ 28.2-561. Removal of markers of planting grounds; penalty - It is unlawful for any person to intentionally or knowingly...

§ 28.2-562. Maps to be filed; evidential value - All maps of the bays, rivers, and creeks of this...

Chapter 6 - Planting Grounds

§ 28.2-600. Riparian planting ground assignments; eligibility; fee - A. Any owner of land bordering on a body of...

§ 28.2-601. Riparian assignments; entitlements; obligations - The riparian leaseholder shall have the exclusive right to the...

§ 28.2-602. Riparian assignments; special terms and conditions - The provisions of this article apply to all Virginia counties...

§ 28.2-603. General oyster planting grounds - Waterfront that is not already assigned or reserved for the...

§ 28.2-603.1. Temporary enclosures on leased ground - The Commission shall, pursuant to its authority to regulate marine...

§ 28.2-603.2. Commissioner to provide notice - A. At least 30 days before placing temporary protective enclosures...

§ 28.2-604. Eligible applicants - Application for assignment of general oyster-planting ground may be made...

§ 28.2-605. Application for assignment - All applications for assignment of general oyster-planting grounds shall be...

§ 28.2-606. Notice of application - A. Notice of the application shall be posted by the...

§ 28.2-607. Survey and marking of ground - If a protest is not filed in the Commission office...

§ 28.2-608. Application, surveying, and recording fees - Any applicant for general oyster-planting ground or for riparian oyster...

§ 28.2-609. Restrictions on assigned acreage and applications - No assignment, except in the Chesapeake Bay, shall exceed 250...

§ 28.2-610. Restriction on acreage owned or operated - No person shall own or operate more than 3,000 acres...

§ 28.2-611. Application for general planting ground in Chesapeake Bay; acreage allowed; annual rental - Application for general planting ground in the Chesapeake Bay in...

§ 28.2-612. Payment of annual rental; penalty for default - The applicant shall pay to the Commission annual rent of...

§ 28.2-613. Duration of lease - Each assignment of general oyster-planting ground shall continue in force...

§ 28.2-614. Requiring lessee or transferor to have ground surveyed and plat recorded; canceling lease for failure of lessee to have survey - If the Commissioner determines that in any past assignment of...

§ 28.2-615. Payment of costs for service, etc. - The cost of the surveys and recording fees required by...

§ 28.2-616. Possession gives no preference as to assignment - Any person in possession of any general oyster-planting ground which...

§ 28.2-617. Recordation of plat - The plat and assignment, as soon as practicable after completion,...

§ 28.2-618. (Effective until July 1, 2035) Commonwealth guarantees rights of renter subject to right of fishing - A. The Commonwealth shall guarantee to any person who has...

§ 28.2-618. (Effective July 1, 2035) Commonwealth guarantees rights of renter subject to right of fishing - A. The Commonwealth shall guarantee to any person who has...

§ 28.2-619. When leases become vacant - When the Commission finds that a lessee is dead or...

§ 28.2-620. Delinquent ground - Any ground or area which becomes delinquent shall be open...

§ 28.2-621. Effect of proposal for navigation project - When the Commissioner receives information that the Secretary of the...

§ 28.2-622. Consolidation of lease - Upon written request by a leaseholder, the Commission may consolidate...

§ 28.2-623. Excusing rent payment on condemned oyster grounds in the Lynnhaven River and tributaries - Whenever leased oyster ground in the Lynnhaven River and its...

§ 28.2-624. Public rocks, etc., not to be used or staked off; penalty - It is unlawful for any person to stake, use, or...

§ 28.2-625. Transfer or assignment - A person holding an existing lease of oyster-planting ground may...

§ 28.2-626. Refund of rent paid under mistake - Whenever the Commissioner finds that a person has mistakenly paid...

§ 28.2-627. Relief from rent - The Commissioner may forgive ground rent for oyster leases in...

§ 28.2-627.1. Oyster Leasing, Conservation, and Repletion Programs Fund - There is hereby created in the state treasury a special...

§ 28.2-628. Condemnation of oyster bottoms and grounds - The Department of Transportation and any locality shall have the...

§ 28.2-629. Rights of owner to waters within lawful survey - If any creek, cove, or inlet within the jurisdiction of...

§ 28.2-630. Rights of riparian owners to build bulkhead or wharf - All assignments or leases of oyster or clam grounds under...

§ 28.2-631. Grounds for clams - The provisions in this chapter referring or relating to the...

§ 28.2-632. Public clamming grounds - Any ground in the waters of this Commonwealth not assigned...

§ 28.2-633. Bathing grounds; assignment; rental - Any person desiring to obtain a location for bathing grounds...

§ 28.2-634. Nonresidents; taking, planting oysters prohibited; penalty - If any person other than a resident, as defined in...

§ 28.2-635. Residents not to be associated with nonresident - Any resident who is associated for market or profit with...

§ 28.2-636. Leasing of certain bottoms in Rappahannock River prohibited - No part of the bottom of the Rappahannock River, lying...

§ 28.2-637. Repealed - Repealed by Acts 1993, c. 217.

§ 28.2-638. Authority of Governor to authorize dredging of channel in navigable waters - When the approval, consent, or authorization of the Commonwealth is...

§ 28.2-639. Certain public oyster rocks in Rappahannock River - Russ' Rock and Little Carter's Rock are declared to be...

§ 28.2-640. Declaring certain grounds in Mobjack Bay public oyster rocks - The following grounds in Mobjack Bay, in the County of...

§ 28.2-641. Declaring certain areas in Hill's Bay, Mathews County, public oyster rocks, beds, and shoals - The following ground in Hill's Bay on the west side...

§ 28.2-642. Declaring certain other areas in Hill's Bay, Mathews County, public oyster rocks, beds, and shoals - The following ground in Hill's Bay, Mathews County, contained within...

§ 28.2-643. Declaring certain areas in Chesapeake Bay, Mathews County, public oyster rocks, beds, and shoals - The following ground in Chesapeake Bay, Mathews County, contained within...

§ 28.2-644. Declaring certain areas near Hole in the Wall, in Mathews County, public oyster rocks, beds, and shoals - The following ground near Hole in the Wall, Mathews County,...

§ 28.2-645. Declaring certain areas in Pocomoke Sound, Accomack County, public oyster rocks, beds, and shoals - The following area in Pocomoke Sound, Accomack County, contained within...

§ 28.2-646. Declaring certain areas in Piankatank River near Stove Point, Middlesex County, public oyster rocks, beds, and shoals - The following area, in the Piankatank River around and near...

§ 28.2-647. Declaring certain areas near the mouth of the Poquoson River, in York County, public oyster rocks, beds and shoals - The following ground near the mouth of the Poquoson River...

§ 28.2-648. Declaring certain ground in Mobjack Bay, in Gloucester and Mathews Counties, to be public oyster rocks, beds, and shoals - The following grounds in Mobjack Bay, Gloucester-Mathews Counties, contained within...

§ 28.2-649. Acts which remain in force - The following acts of the General Assembly are continued in...

§ 28.2-650. Dredging clams in polluted areas for replanting in public clamming grounds - The Commissioner may dredge clams or have the clams dredged...

Chapter 7 - Crabs

§ 28.2-700. Definitions - As used in this chapter, unless the context requires a...

§ 28.2-701. Crab traps, crab pots and crab pounds; regulations; penalty - A. The Commission shall promulgate regulations governing the use, placement,...

§ 28.2-702. Licenses to take crabs; shedding operations; amount of fee - Any person desiring to take or catch crabs for market...

§ 28.2-703. License for certain assistants not required - During June through August, any person fifteen years of age...

§ 28.2-704. Sale of crabbing licenses - The Commission may require the purchase of licenses before each...

§ 28.2-705. License restrictions; exemption; penalty - A. It is unlawful to: 1. Take crabs with a...

§ 28.2-706. Restrictions on crab scraping; penalty - It is unlawful for any person to: 1. Use a...

§ 28.2-707. Restrictions on crab dredging; penalty - A. It is unlawful for any boat licensed to dredge...

§ 28.2-708. Limitations on sizes of crabs to be taken; inspection of catch; exemption; penalty - A. It is unlawful for any person to catch, take...

§ 28.2-709. Closed season for taking crabs in certain area; penalty - It is unlawful for any person to take or catch...

§ 28.2-710. Unlawful to place crab, eel, or fish pots in certain channels; penalty - It is unlawful to place or maintain any crab, eel,...

§ 28.2-711. Crab pots; unlawful activities; penalty - It is unlawful to knowingly place, set, or leave any...

§ 28.2-712. Identification of crab pots and eel pots; penalty - On and after January 1, 1993, any person owning or...

§ 28.2-713. Limiting the taking of crabs by one boat in one day; penalty - Whenever the interest of conservation or the crabbing industry requires,...

Chapter 8 - Health and Sanitation Provisions

§ 28.2-800. Definitions - As used in this chapter, unless the context requires a...

§ 28.2-801. Authority to promulgate regulations; enforcement - A. The State Health Commissioner and the Commissioner of Marine...

§ 28.2-802. Powers of officers charged with enforcement; entry to establishment; seizure; destruction - A. For the purpose of carrying out the provisions of...

§ 28.2-803. Examination, analysis and inspection - A. The State Health Commissioner may in his discretion, or...

§ 28.2-804. Polluted ground; crustacea, finfish or shellfish - When the State Health Commissioner determines, as a result of...

§ 28.2-805. Notice to cease activity - Upon receipt of such notice, the owner or operator of...

§ 28.2-806. State Health Commissioner to establish standards - The State Health Commissioner may establish and change standards, examinations,...

§ 28.2-807. Condemnation of polluted growing area; procedure - If, after examination of the crustacea, finfish or shellfish in...

§ 28.2-808. Periods of condemnation - A crustacea, finfish or shellfish growing area and the crustacea,...

§ 28.2-809. Emergency closing of ground - The State Health Commissioner may close any crustacea, finfish or...

§ 28.2-810. Removal, transportation, etc., from polluted ground; penalty - A. It is unlawful for any person to take, catch,...

§ 28.2-811. Permits for transporting, relaying or depurating; revocation - A. Permits for transporting and relaying shall only be issued...

§ 28.2-812. Sealing motor vehicles used in transporting - Permits shall not be issued to any motor vehicle transporting...

§ 28.2-813. Maintenance of records - Any person holding a valid permit to remove, transport, relay,...

§ 28.2-814. Submission of reports - During any month covered by permit in which no removal,...

§ 28.2-815. Application for special permit - Application for the special permit provided for in §§ 28.2-810...

§ 28.2-816. Supervision of removal, relaying or depuration; seasons established - A. Shellfish removal or relaying from condemned areas shall be...

§ 28.2-817. Displaying identification when transporting shellfish - Any conveyance engaged in transporting shellfish which have been caught...

§ 28.2-818. Identification of relay areas - Officers and employees of the Department of Health shall examine...

§ 28.2-819. Movement and unloading of shellfish from condemned area - A. It shall be unlawful for any person to discharge,...

§ 28.2-820. Harvesting, transporting, handling or transplanting of seed-stock shellfish - The Commission shall promulgate regulations for the harvesting, transporting, handling...

§ 28.2-821. Violations; penalty - A. It is unlawful for any person to have in...

§ 28.2-822. Suspension or revocation of licenses - The Commissioner of Marine Resources may immediately suspend any licenses...

§ 28.2-823. Certification of shellfish from outside the Commonwealth - All shellfish in the shell imported or transported into Virginia...

§ 28.2-824. Common carriers - Common carriers transporting seafoods designated in this chapter shall carry...

§ 28.2-825. Importing fish, shellfish or crustacea for introduction into waters of the Commonwealth; penalty - A. It shall be unlawful for any person to import...

§ 28.2-826. Crassostrea ariakensis - A. The Commissioner, after consultation with the Director of the...

Chapter 9 - Enforcement of Subtitle II; Jurisdiction

§ 28.2-900. Arrest with or without warrant; larceny; violations of boating laws and Title 62.1 - A. Officers may, with or without warrant, (i) arrest any...

§ 28.2-901. Summons issued instead of being taken into custody; failure to appear - A. Whenever any person is detained by or is in...

§ 28.2-902. Procedure after arrest and seizure - Any person arrested may be (i) taken before a court...

§ 28.2-903. Violations constitute misdemeanor - A violation of any provision of this subtitle or regulation...

§ 28.2-903.1. Impeding lawful fishing in tidal waters; penalty - A. It is unlawful for any person to willfully and...

§ 28.2-904. Pursuit and detention across the Maryland-Virginia line - When, in the opinion of the legally constituted authorities of...

§ 28.2-905. Resistance to officer or authorized person, etc.; penalty - Any person found guilty of resisting or impeding an officer...

§ 28.2-906. Failure to perform duty; penalty - The failure of any officer or other person to perform...

§ 28.2-907. Jurisdiction of courts - Any proceeding under any section of this subtitle shall be...

Chapter 10 - Compacts and Joint Laws with Other States

§ 28.2-1000. Atlantic States Marine Fisheries Compact - ARTICLE I The purpose of this compact is to promote...

§ 28.2-1000.1. Repealed - Repealed by Acts 2015, c. 493, cl. 4, effective March,...

§ 28.2-1000.2. Repealed - Repealed by Acts 2020, cc. 201 and 356, cl. 2,...

§ 28.2-1001. Potomac River Compact - PREAMBLE Whereas, Maryland and Virginia are both vitally interested in...

§ 28.2-1002. Cooperation of agencies of Commonwealth - All governmental agencies of the Commonwealth of Virginia are authorized...

§ 28.2-1003. Authority to regulate dredging of soft shell clams - The Potomac River Fisheries Commission shall have the power to...

§ 28.2-1004. Authority to authorize and regulate experimental oyster hatchery program - The Potomac River Fisheries Commission shall have the power to...

§ 28.2-1005. Authority to regulate dredging of oysters - The Potomac River Fisheries Commission shall have the power to...

§ 28.2-1006. Lawfully harvested finfish and shellfish; possession, storage, marketing and disposal - Notwithstanding any provision of law to the contrary, finfish, crabs,...

§ 28.2-1007. Authority to regulate leasing - The Potomac River Fisheries Commission shall have the power to...

Chapter 11 - Virginia Institute of Marine Science

§ 28.2-1100. Virginia Institute of Marine Science continued; duties - The Virginia Institute of Marine Science shall hereafter be referred...

§ 28.2-1101. Use of services of other agencies; solicitation, etc., of funds; taking fish and other marine organisms - A. In conducting its studies and investigations under § 28.2-1100,...

§ 28.2-1102. Destroying, etc., property of Institute a misdemeanor - It shall be unlawful and constitute a Class 1 misdemeanor...

§ 28.2-1103. Virginia Estuarine and Coastal Research Reserve System created; purpose; Virginia Institute of Marine Science to administer - A. There is hereby created the Virginia Estuarine and Coastal...

§ 28.2-1104. Coordination - A. To the extent feasible, this system shall be carried...

Chapter 11.1 - Marine Tourism Activity Liability

§ 28.2-1105. Definitions - As used in this chapter, unless the context requires a...

§ 28.2-1106. Liability limited; liability actions prohibited - A. Except as provided in subsection B, a marine tourism...

§ 28.2-1107. Warning required - A. Every marine tourism professional shall post and maintain signs...

Chapter 12 - Submerged Lands

§ 28.2-1200. Ungranted beds of bays, rivers, creeks and shores of the sea to remain in common - All the beds of the bays, rivers, creeks and the...

§ 28.2-1200.1. Conveyance of state-owned bottomlands - A. In order to fulfill the Commonwealth's responsibility under Article...

§ 28.2-1201. Ungranted islands which rise from lands which are property of the Commonwealth - A. Except as otherwise provided in subsections B and C...

§ 28.2-1202. Rights of owners to extend to mean low-water mark - A. Subject to the provisions of § 28.2-1200, the limits...

§ 28.2-1203. Unlawful use of subaqueous beds; penalty - A. It shall be unlawful for any person to build,...

§ 28.2-1204. Authority of Commission over submerged lands - The Commission is authorized to: 1. Issue permits for all...

§ 28.2-1204.1. Submerged aquatic vegetation - The Commission shall, in consultation with the Virginia Institute of...

§ 28.2-1204.2. Marine Habitat and Waterways Improvement Fund established - There is hereby created in the state treasury a special...

§ 28.2-1205. Permits for the use of state-owned bottomlands - A. When determining whether to grant or deny any permit...

§ 28.2-1205.1. Coordinated review of water resources projects - A. Applications for water resources projects that require a Virginia...

§ 28.2-1205.2. Coordinated review of public beach replenishment projects using Chesapeake Bay sand; expedited process - A. Applications for sand replenishment projects on public beaches abutting...

§ 28.2-1206. Fees; exemptions - A. A non-refundable processing fee of $100 shall accompany each...

§ 28.2-1207. Authority to approve permits for encroachment on subaqueous beds; notice - A. Any application for a permit to trespass upon or...

§ 28.2-1208. Granting easements in, permitting the use of, or leasing the beds of certain waters - A. The Commission may, with the approval of the Attorney...

§ 28.2-1209. Maintenance or removal of structures erected upon or over state-owned subaqueous bottoms - Any person constructing or erecting any structure upon or over...

§ 28.2-1210. Removal of obstructions or hazardous property from state waters; penalty - A. Whenever any wharf, pier, piling, bulkhead, structure, or vessel...

§ 28.2-1211. Injunction against violation of § 28.2-1203 - The circuit court of the city or county in which...

§ 28.2-1212. Monitoring, inspections, compliance and restoration - A. The Commissioner may require permittees to implement monitoring and...

§ 28.2-1213. Penalties - A. Without limiting the remedies which may be obtained under...

Chapter 13 - Wetlands

§ 28.2-1300. Definitions - As used in this chapter, unless the context requires a...

§ 28.2-1301. Powers and duties of the Commission - A. The Commission may receive gifts, grants, bequests, and devises...

§ 28.2-1302. Adoption of wetlands zoning ordinance; terms of ordinance - Any county, city or town may adopt the following ordinance,...

§ 28.2-1303. Appointment, terms, compensation, etc., of local wetlands boards; jurisdiction of county wetlands board over wetlands in town - A. Every county, city, or town that enacts a wetlands...

§ 28.2-1304. Officers, meetings, rules, etc., of wetlands boards; records and reports - The board shall annually elect from its membership a chairman...

§ 28.2-1305. Local governing body to supply meeting space and services for wetlands board - Every county, city, or town creating a wetlands board shall...

§ 28.2-1306. Permits required for certain activities; issuance of permits by Commission - A. It shall be unlawful for any person to conduct...

§ 28.2-1307. Expedited permits; administrative procedures - A. The Commission may, in conjunction with local wetlands boards...

§ 28.2-1308. Standards for use and development of wetlands; utilization of guidelines - A. The following standards shall apply to the use and...

§ 28.2-1309. Emergency sand grading activities on nonvegetated wetlands located on the Atlantic Shoreline of Virginia Beach - A. As used in this section, "emergency" means a sudden...

§ 28.2-1310. Commissioner to review all decisions of wetlands boards - The Commissioner shall review all decisions of wetlands boards and...

§ 28.2-1311. When Commission to review decision of wetlands board - A. The Commission shall review a decision of a wetlands...

§ 28.2-1312. Procedure for review; notice of decision - A. The Commissioner shall cause notice of the review or...

§ 28.2-1313. When Commission to modify, remand, or reverse decision of wetlands board - The Commission shall modify, remand, or reverse the decision of...

§ 28.2-1314. Time for issuance of permit - No permit shall be issued until the period within which...

§ 28.2-1315. Judicial review - An appeal from any Commission decision granting or denying a...

§ 28.2-1316. Investigations and prosecutions - The Commission may investigate all projects, whether proposed or ongoing,...

§ 28.2-1317. Monitoring, inspections, compliance, and restoration - A. The Commissioner or board chairman may require a permittee...

§ 28.2-1318. Violations; penalty - Any person who knowingly, intentionally, or negligently violates any order,...

§ 28.2-1319. Injunctions - Upon the petition of the Commission or a wetlands board...

§ 28.2-1320. Penalties - A. Without limiting the remedies which may be obtained under...

Chapter 14 - Coastal Primary Sand Dunes and Beaches

§ 28.2-1400. Definitions - A. As used in this chapter, unless the context requires...

§ 28.2-1401. Powers and duties of Commission - A. The Commission may receive gifts, grants, bequests, and devises...

§ 28.2-1402. Expired - Expired.

§ 28.2-1403. Certain counties, cities and towns authorized to adopt coastal primary sand dune ordinance - Any of the following counties, cities and towns which adopt...

§ 28.2-1404. Meetings, quorum, rules, etc., of wetlands boards; records and reports - For the conduct of any wetlands board hearing and the...

§ 28.2-1405. Local governing body to supply meeting space and services for wetlands board - Every county, city or town enacting an ordinance pursuant to...

§ 28.2-1406. Permits required for certain activities; issuance of permits by Commission - A. It shall be unlawful for any person to conduct...

§ 28.2-1407. Administrative procedures - The Commission may, in conjunction with local wetlands boards and...

§ 28.2-1408. Standards for use of coastal primary sand dunes - No permanent alteration of or construction upon any coastal primary...

§ 28.2-1408.1. Expired - Expired.

§ 28.2-1408.2. Exemptions - A. Notwithstanding the requirements of § 28.2-1408 or any other...

§ 28.2-1409. Emergency sand grading activities on sand dunes located on the Atlantic Shoreline of Virginia Beach - A. As used in this section, "emergency" means a sudden...

§ 28.2-1410. Commissioner to review all decisions of wetlands boards - The Commissioner shall review all decisions of wetlands boards and...

§ 28.2-1411. When Commission to review decision of wetlands board - A. The Commission shall review a decision of a wetlands...

§ 28.2-1412. Procedure for review; notice of decision - A. The Commissioner shall cause notice of the review or...

§ 28.2-1413. When Commission to modify, remand or reverse decision of wetlands board - The Commission shall modify, remand or reverse the decision of...

§ 28.2-1414. Time for issuance of permit - No permit shall be issued until the period within which...

§ 28.2-1415. Judicial review - An appeal from any Commission decision granting or denying a...

§ 28.2-1416. Investigations and prosecutions - The Commission may investigate all projects, whether proposed or ongoing,...

§ 28.2-1417. Monitoring, inspections, compliance, and restoration - A. The Commissioner or board chairman may require a permittee...

§ 28.2-1418. Violations; penalty - Any person who knowingly, intentionally, or negligently violates any order,...

§ 28.2-1419. Injunctions - Upon the petition of the Commission or a wetlands board...

§ 28.2-1420. Penalties - A. Without limiting the remedies which may be obtained under...

Chapter 15 - Ungranted Shores of the Sea, Marshes and Meadowlands

§ 28.2-1500. Definitions - As used in this chapter, unless the context requires a...

§ 28.2-1501. Powers and duties of Commission - A. The Commission may receive gifts, grants, bequests, and devises...

§ 28.2-1502. Ownership of ungranted shores of the sea, marsh and meadowlands - All ungranted shores of the sea, marsh and meadowlands shall...

§ 28.2-1503. Management of lands - The Commission shall manage all ungranted shores of the sea,...

§ 28.2-1504. Preparation of management plan - A. The Commission shall prepare and implement a plan for...

§ 28.2-1505. Virginia Coastal Land Management Advisory Council established - A. There is hereby created the Virginia Coastal Land Management...

§ 28.2-1506. Filing of initial inventories; amended or supplemental inventories - Whenever any privately owned land in any of such counties...

§ 28.2-1507. Notice of filing of inventories - A. The Commission shall cause to be published, within ninety...

§ 28.2-1508. Effect of inventories - The failure to include any ungranted shores of the sea,...

§ 28.2-1509. Claims to lands designated in an inventory - A. Any person claiming ownership of an interest in lands...

§ 28.2-1510. Approval of amended or supplemental inventory - The Commission shall not approve an amended or supplemental inventory,...

§ 28.2-1511. Claims to ungranted shores of the sea, marsh and meadowlands proposed for designation in amended or supplemental inventory - A. The Commission shall not file any amended or supplemental...

§ 28.2-1512. Effect of disability - The provisions of § 8.01-237 shall apply with respect to...

§ 28.2-1513. Filing of notice of lis pendens - The Commissioner is authorized to record a notice of lis...

§ 28.2-1514. Historical evidence - In any administrative proceeding before the Commission under this chapter,...

Chapter 16 - Water Column Leases for Aquaculture Purposes

§ 28.2-1600. Not in effect - Not in effect.

<< Previous

Next >>

Code of Virginia Title 28.2 - Fisheries and Habitat of the Tidal Waters

Code of Virginia
Title 28.2 - Fisheries and Habitat of the Tidal Waters