Code of Virginia

Code of Virginia
Title 28.2. Fisheries and Habitat of the Tidal Waters
4/25/2019

Article 1. Licenses.

§ 28.2-300. License application to fish with certain nets.

Any person desiring to take or catch fish with any device shall apply to the Commissioner for a license. An applicant for a license to fish with a fixed device shall apply in writing to the officer assigned to the district in which the fixed device is proposed to be located. Every applicant shall state on oath his true name and address; the place where the net, seine, fyke, weir, or other device is to be fished; and that he will not violate the laws of this Commonwealth in relation to the taking and catching of fish.

Code 1950, § 28-42; 1962, c. 406, § 28.1-47; 1983, c. 307; 1992, cc. 836, 895.

§ 28.2-301. License fee for fishing in tidal waters.

Every applicant for a license to catch or take fish shall pay the following license fee or such fee as it may be subsequently revised by the Commission pursuant to § 28.2-201:

1. On each pound net, $25;

2. On each stake gill net of 1,200 feet in length or under with a fixed location, $15;

3. On all other gill nets up to 600 feet, $10;

4. On all other gill nets over 600 feet and up to 1,200 feet, $15;

5. On each person using a cast net or throw net or similar device, $8;

6. On each fyke net head, weir, or similar device, $8;

7. For up to 100 fish pots or eel pots, $12;

8. For over 100 but not more than 300 fish pots or eel pots, $20;

9. For over 300 fish pots or eel pots, $50;

10. For fish trotlines, $12;

11. On each person using or operating a fish dip net, $6;

12. On each haul seine under 500 yards in length used for catching fish, $29; or

13. On each haul seine from 500 yards up to 1,000 yards in length used for catching fish, $88.

Code 1950, § 28-43; 1960, c. 517; 1962, c. 406, § 28.1-48; 1966, c. 684; 1968, c. 748; 1972, c. 833; 1973, c. 21; 1976, c. 392; 1979, c. 274; 1981, c. 61; 1983, c. 307; 1990, c. 445; 1992, cc. 493, 503, 836; 1993, c. 11; 2009, c. 9.

§ 28.2-302. Commercial fishing pier; license fee; penalty.

A. The owner of a commercial fishing pier shall pay an annual license fee of $50 or as subsequently revised by the Commission pursuant to § 28.2-201 for each pier that is over or upon the subaqueous beds of the Commonwealth.

B. Net fishing shall not be permitted within 300 yards of the sides or end of a commercial fishing pier. The Commission may decrease this distance if it considers 300 yards to be an excessive distance because of the size of the body of water where the pier is located. A violation of this subsection is a Class 3 misdemeanor.

C. The construction or erection of a commercial fishing pier on a subaqueous bed of the Commonwealth is subject to the permit requirements of § 28.2-1203.

D. For purposes of this section, a commercial fishing pier means any pier whose primary purpose is to allow fishing by the public for a fee. A public fishing pier operated by a political subdivision shall be considered to be a commercial fishing pier, although no fee is charged.

1976, c. 343, § 28.1-52.2; 1979, c. 274; 1992, c. 836; 2009, c. 9.

The chapters of the acts of assembly referenced in the historical citation at the end of these sections may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.

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