Virginia · statute · Va. Code tit. 28.2 · 376 active provisions
As used in this title, unless the context requires a different meaning: "Commission" means the Marine Resources Commission. "Commissioner" means the Commissioner of Marine Resources. "Fish" or "marine fish" means those finfish species which spend a major portion of their lives in marine or estuarine waters. Sunfish, cr…
The jurisdiction of the Commission shall include the Commonwealth's territorial sea and extend to the fall line of all tidal rivers and streams except in the case of state-owned bottomlands where jurisdiction extends throughout the Commonwealth. The Commission shall have jurisdiction over all commercial fishing and all…
A. The Commission shall consist of a chairman and eight additional members who, to the extent possible, shall be representative of all areas of interest in Virginia's marine resources, including commercial, recreational and environmental interests. At least one member shall, at the time of his appointment, have earned…
The Commission shall exercise all of the powers herein conferred and may promulgate regulations and guidelines necessary to carry out the provisions of this title. Marine fisheries regulations shall be promulgated according to the procedures established in Article 2 (§ 28.2-209 et seq.) of Chapter 2 of this title. Habi…
The Commissioner shall: 1. Enforce the marine fishery and habitat laws and regulations; 2. Serve as chief executive officer of the Commission and devote full time to the duties of the office; 3. Appoint all personnel; and 4. Establish and equip a permanent office on the Virginia Peninsula. For purposes of this section,…
The Commission, with assistance from the Ombudsman for Tribal Consultation designated pursuant to § 2.2-401.01 , shall develop policies and procedures to ensure an opportunity for meaningful and appropriate written consultation with federally recognized Tribal Nations in the Commonwealth regarding certain major actions…
A. As used in this section, unless the context requires a different meaning: "Living shoreline" means a shoreline management practice that provides erosion control and water quality benefits; protects, restores, or enhances natural shoreline habitat; and maintains coastal processes through the strategic placement of pl…
If any Commission employee is prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, the Commissioner may employ special counsel approved by the Attorney General to defend the employee. The compensation for special counsel shall, subject to the approval of the Attorn…
A. The law-enforcement division of the Commission shall be designated as the Virginia Marine Police. It shall exercise such powers and duties as the General Assembly may confer upon it by law and as provided in regulations adopted pursuant to law, including but not limited to: 1. Patrolling the tidal waters and shoreli…
Pursuant to federal authorization or upon request from a federal agency, the Virginia Marine Police, conservation police officers of the Department of Wildlife Resources, and the marine patrol divisions of police departments located in Tidewater Virginia may patrol and enforce all federal security zones, federal safety…
A. The Commission is authorized, following consultation with the U.S. Coast Guard and the U.S. Army Corps of Engineers, to establish, by regulation, state water safety zones and restricted areas within the tidal waters of the Commonwealth wherein public access shall be restricted or prohibited in the interest of public…
The Commission shall take steps to implement an effective marine police radio dispatch system. In establishing and operating such a system on a permanent basis, the Commissioner may negotiate appropriate leases or other necessary agreements for base radio stations.
A. The Marine Patrols Fund is continued and hereinafter referred to as the Fund, which shall consist of moneys appropriated to it by the General Assembly. The Comptroller shall annually distribute moneys from the Fund for the following purposes: 1. To cover the Commission's costs for its operation of a marine police di…
From such funds as may be appropriated by the General Assembly and any gifts, grants, or donations from public or private sources, there is hereby continued in the state treasury a special nonreverting, permanent fund to be known as the Virginia Waterway Maintenance Fund (the Fund), to be administered by the Commission…
A. Once each fiscal year, the Commission shall award a grant of funds to a qualified applicant or applicants to support a dredging project or projects that have been approved by the Commission. The source of the grant funds shall be the Virginia Waterway Maintenance Fund continued pursuant to § 28.2-108.1 . Applicants…
As used in this article, unless the context requires a different meaning: "Ballast water" means any water or matter taken on board a vessel to control or maintain trim, draft, stability or stresses of the vessel, without regard to the manner in which it is carried. "Commercial vessel" means a self-propelled ship in com…
A. The operator, or a ship agent acting on behalf of the operator, of a commercial vessel that enters into Virginia waters shall file a Ballast Water Control Report form with the Virginia Maritime Association as the designated agent of the Commission (i) within seventy-two hours of the completion of the discharge of ba…
A. The Commission shall adopt the federal guidelines as the guidelines governing voluntary ballast water management practices to be followed by the operators of commercial vessels. The guidelines adopted by the Commission shall not require a commercial vessel to be operated in a manner that may threaten the safety of t…
As used in this subtitle, unless the context requires a different meaning: "Cultured hard-shell clams" means hard-shell clams (Mercenaria mercenaria) that have been spawned in a hatchery or controlled setting for the purpose of producing seed clams (juveniles), and planted on leased grounds, floating structures, or oth…
The Commission may: 1. Adopt regulations, including those for taking seafood, necessary to promote the general welfare of the seafood industry and to conserve and promote the seafood and marine resources of the Commonwealth. The Commission may also adopt regulations necessary for the conservation and reasonable use of…
For purposes of this section: "Fund" means the Oyster Growing Activities Fund. "Individual" means the same as that term is defined in § 58.1-302 . A. Beginning January 1, 2002, and ending 12:00 p.m. on December 31, 2011, any individual who (i) grows oysters during the calendar year pursuant to a valid Virginia Marine R…
The Commissioner may: 1. Investigate all matters affecting the seafood industry; and 2. Provide for the development of programs designed to enhance and improve commercial and sport fisheries in Virginia's tidal waters.
The Commission shall prepare and implement fishery management plans so as to preserve the Commonwealth's exclusive right to manage the fisheries within its territorial jurisdiction. Any fishery management plan prepared, and any regulation promulgated to implement the plan, shall be consistent with the following standar…
A. The Commission shall prepare, in consultation with the Virginia Institute of Marine Science, other educational institutions and representatives of industry and interested parties, and then implement a blue crab fishery management plan. The plan shall build upon previously developed plans, including consideration of…
A. The Commission may collect from any source any fisheries data and information necessary to develop fishery management plans and to evaluate management options. This information shall include, but not be limited to: 1. Statistics for catch and fishing efforts by species from commercial and recreational fishermen; 2.…