§ 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. Promulgate regulations, including those for taking seafood, necessary topromote the general welfare of the seafood industry and to conserve andpromote the seafood and marine resources of the Commonwealth. The Commissionmay also promulgate regulations necessary for the conservation and reasonableuse of surf clams.
2. Establish new licenses and fees commensurate with other licenses in anamount not to exceed $100 for any device used for taking or catching seafoodin the tidal waters of the Commonwealth when the device (i) is not otherwiselicensed in this title and (ii) is used for commercial purposes. TheCommission may specify, when issuing such licenses, any restrictions orcontrol over the devices or the persons operating the device.
3. Establish fees for permits required for delayed or limited entryfisheries, shellfish relaying, scientific collections, and for theadministrative transfer of these permits among fisherman, where applicable.
4. Beginning July 1, 2004, and not more frequently than every three yearsthereafter, increase fees for tidal fisheries licenses and permits that areauthorized under this title or by regulation promulgated pursuant to Article2 (§ 28.2-209 et seq.) of this chapter. Any fee increase for such licensesand permits shall be capped at $5 or a percentage equal to the increase inthe Consumer Price Index calculated from the time the fee was last set oradjusted, whichever is greater. Beginning July 1, 2004, any amounts generatedfrom the increases in commercial fishing licenses and permits shall be paidinto the Marine Fishing Improvement Fund for the purposes authorized by §28.2-208, and any amounts generated from the increases in recreationalfishing licenses shall be paid into the Virginia Saltwater RecreationalFishing Development Fund for the purposes authorized by § 28.2-302.3. TheCommission may charge nonresidents a higher fee than residents for purchaseof any of the fishing licenses issued pursuant to §§ 28.2-302.2,28.2-302.2:1, 28.2-302.6, 28.2-302.7, 28.2-302.8, 28.2-302.10, and28.2-302.10:1. The fee charged to a nonresident shall be no greater thantwice the Virginia resident fee. The Commission may prohibit the sale of theprivate boat license established by § 28.2-302.7 to a nonresident whose boatis not registered in Virginia.
5. The Commission shall ensure that increases in licenses and fees areequitably distributed among resource user groups.
6. Prepare fishery management plans containing evaluations of regulatorymanagement options, based upon scientific, economic, biological, andsociological information, and use them in the development of regulations. TheCommissioner may appoint a fisheries advisory committee and its chairman,consisting of representatives of the various fishery user groups, to assistin the preparation and implementation of the fishery management plans. TheCommission may expend funds to compensate the members of the committeepursuant to § 2.2-2825.
7. Provide for enforcement of any regulation governing surf clams by anylaw-enforcement officer of any agency of the Commonwealth or its politicalsubdivisions or by any law-enforcement officer of any agency of the federalgovernment. Enforcement agreements with other agencies or politicalsubdivisions shall be stated in the regulation.
8. The Commonwealth hereby assents to the provisions of the Federal Aid inSport Fish Restoration Act of August 9, 1950 (16 U.S.C. §§ 777-777k), asamended. The Commission is authorized to perform all such acts as may benecessary for the establishment and implementation of cooperative fishrestoration and management projects as defined by these federal statutes andthe implementing regulations promulgated thereunder.
(Code 1950, § 28-43; 1960, c. 517; 1962, c. 406, §§ 28.1-23, 28.1-48; 1966,c. 684; 1968, cc. 748, 749; 1972, c. 833; 1973, cc. 21, 411, § 28.1-120.1;1976, c. 392; 1979, c. 274; 1981, c. 61; 1983, cc. 307, 318; 1984, c. 463;1990, c. 445; 1992, c. 836; 1995, c. 136; 2004, c. 860; 2006, c. 5; 2009, c.371.)
§ 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. Promulgate regulations, including those for taking seafood, necessary topromote the general welfare of the seafood industry and to conserve andpromote the seafood and marine resources of the Commonwealth. The Commissionmay also promulgate regulations necessary for the conservation and reasonableuse of surf clams.
2. Establish new licenses and fees commensurate with other licenses in anamount not to exceed $100 for any device used for taking or catching seafoodin the tidal waters of the Commonwealth when the device (i) is not otherwiselicensed in this title and (ii) is used for commercial purposes. TheCommission may specify, when issuing such licenses, any restrictions orcontrol over the devices or the persons operating the device.
3. Establish fees for permits required for delayed or limited entryfisheries, shellfish relaying, scientific collections, and for theadministrative transfer of these permits among fisherman, where applicable.
4. Beginning July 1, 2004, and not more frequently than every three yearsthereafter, increase fees for tidal fisheries licenses and permits that areauthorized under this title or by regulation promulgated pursuant to Article2 (§ 28.2-209 et seq.) of this chapter. Any fee increase for such licensesand permits shall be capped at $5 or a percentage equal to the increase inthe Consumer Price Index calculated from the time the fee was last set oradjusted, whichever is greater. Beginning July 1, 2004, any amounts generatedfrom the increases in commercial fishing licenses and permits shall be paidinto the Marine Fishing Improvement Fund for the purposes authorized by §28.2-208, and any amounts generated from the increases in recreationalfishing licenses shall be paid into the Virginia Saltwater RecreationalFishing Development Fund for the purposes authorized by § 28.2-302.3. TheCommission may charge nonresidents a higher fee than residents for purchaseof any of the fishing licenses issued pursuant to §§ 28.2-302.2,28.2-302.2:1, 28.2-302.6, 28.2-302.7, 28.2-302.8, 28.2-302.10, and28.2-302.10:1. The fee charged to a nonresident shall be no greater thantwice the Virginia resident fee. The Commission may prohibit the sale of theprivate boat license established by § 28.2-302.7 to a nonresident whose boatis not registered in Virginia.
5. The Commission shall ensure that increases in licenses and fees areequitably distributed among resource user groups.
6. Prepare fishery management plans containing evaluations of regulatorymanagement options, based upon scientific, economic, biological, andsociological information, and use them in the development of regulations. TheCommissioner may appoint a fisheries advisory committee and its chairman,consisting of representatives of the various fishery user groups, to assistin the preparation and implementation of the fishery management plans. TheCommission may expend funds to compensate the members of the committeepursuant to § 2.2-2825.
7. Provide for enforcement of any regulation governing surf clams by anylaw-enforcement officer of any agency of the Commonwealth or its politicalsubdivisions or by any law-enforcement officer of any agency of the federalgovernment. Enforcement agreements with other agencies or politicalsubdivisions shall be stated in the regulation.
8. The Commonwealth hereby assents to the provisions of the Federal Aid inSport Fish Restoration Act of August 9, 1950 (16 U.S.C. §§ 777-777k), asamended. The Commission is authorized to perform all such acts as may benecessary for the establishment and implementation of cooperative fishrestoration and management projects as defined by these federal statutes andthe implementing regulations promulgated thereunder.
(Code 1950, § 28-43; 1960, c. 517; 1962, c. 406, §§ 28.1-23, 28.1-48; 1966,c. 684; 1968, cc. 748, 749; 1972, c. 833; 1973, cc. 21, 411, § 28.1-120.1;1976, c. 392; 1979, c. 274; 1981, c. 61; 1983, cc. 307, 318; 1984, c. 463;1990, c. 445; 1992, c. 836; 1995, c. 136; 2004, c. 860; 2006, c. 5; 2009, c.371.)
§ 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. Promulgate regulations, including those for taking seafood, necessary topromote the general welfare of the seafood industry and to conserve andpromote the seafood and marine resources of the Commonwealth. The Commissionmay also promulgate regulations necessary for the conservation and reasonableuse of surf clams.
2. Establish new licenses and fees commensurate with other licenses in anamount not to exceed $100 for any device used for taking or catching seafoodin the tidal waters of the Commonwealth when the device (i) is not otherwiselicensed in this title and (ii) is used for commercial purposes. TheCommission may specify, when issuing such licenses, any restrictions orcontrol over the devices or the persons operating the device.
3. Establish fees for permits required for delayed or limited entryfisheries, shellfish relaying, scientific collections, and for theadministrative transfer of these permits among fisherman, where applicable.
4. Beginning July 1, 2004, and not more frequently than every three yearsthereafter, increase fees for tidal fisheries licenses and permits that areauthorized under this title or by regulation promulgated pursuant to Article2 (§ 28.2-209 et seq.) of this chapter. Any fee increase for such licensesand permits shall be capped at $5 or a percentage equal to the increase inthe Consumer Price Index calculated from the time the fee was last set oradjusted, whichever is greater. Beginning July 1, 2004, any amounts generatedfrom the increases in commercial fishing licenses and permits shall be paidinto the Marine Fishing Improvement Fund for the purposes authorized by §28.2-208, and any amounts generated from the increases in recreationalfishing licenses shall be paid into the Virginia Saltwater RecreationalFishing Development Fund for the purposes authorized by § 28.2-302.3. TheCommission may charge nonresidents a higher fee than residents for purchaseof any of the fishing licenses issued pursuant to §§ 28.2-302.2,28.2-302.2:1, 28.2-302.6, 28.2-302.7, 28.2-302.8, 28.2-302.10, and28.2-302.10:1. The fee charged to a nonresident shall be no greater thantwice the Virginia resident fee. The Commission may prohibit the sale of theprivate boat license established by § 28.2-302.7 to a nonresident whose boatis not registered in Virginia.
5. The Commission shall ensure that increases in licenses and fees areequitably distributed among resource user groups.
6. Prepare fishery management plans containing evaluations of regulatorymanagement options, based upon scientific, economic, biological, andsociological information, and use them in the development of regulations. TheCommissioner may appoint a fisheries advisory committee and its chairman,consisting of representatives of the various fishery user groups, to assistin the preparation and implementation of the fishery management plans. TheCommission may expend funds to compensate the members of the committeepursuant to § 2.2-2825.
7. Provide for enforcement of any regulation governing surf clams by anylaw-enforcement officer of any agency of the Commonwealth or its politicalsubdivisions or by any law-enforcement officer of any agency of the federalgovernment. Enforcement agreements with other agencies or politicalsubdivisions shall be stated in the regulation.
8. The Commonwealth hereby assents to the provisions of the Federal Aid inSport Fish Restoration Act of August 9, 1950 (16 U.S.C. §§ 777-777k), asamended. The Commission is authorized to perform all such acts as may benecessary for the establishment and implementation of cooperative fishrestoration and management projects as defined by these federal statutes andthe implementing regulations promulgated thereunder.
(Code 1950, § 28-43; 1960, c. 517; 1962, c. 406, §§ 28.1-23, 28.1-48; 1966,c. 684; 1968, cc. 748, 749; 1972, c. 833; 1973, cc. 21, 411, § 28.1-120.1;1976, c. 392; 1979, c. 274; 1981, c. 61; 1983, cc. 307, 318; 1984, c. 463;1990, c. 445; 1992, c. 836; 1995, c. 136; 2004, c. 860; 2006, c. 5; 2009, c.371.)
