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2013 SESSION

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CHAPTER 50 An Act to amend and reenact § 28.2-232 of the Code of Virginia, relating to revocation of licenses to fish in tidal waters. [S 1106] Approved February 22, 2013

 

Be it enacted by the General Assembly of Virginia:

1.  That § 28.2-232 of the Code of Virginia is amended and reenacted as follows:

§ 28.2-232. Revocation of licenses.

The Commission may revoke the fishing privileges within the Commonwealth’s tidal waters and revoke, prohibit the issuance, reissuance, or renewal of any licenses if, after a hearing held after ten 10 days' notice to the applicant or licensee, it finds that the person has violated any provision of this subtitle.

The duration of the revocation and prohibition shall be fixed by the Commission up to a maximum of two years with the withdrawal of all fishing privileges conferred by this title during that period, taking into account (i) evidence of repeated or habitual disregard for conservation, health and safety laws and regulations; (ii) abusive conduct and behavior toward officers; and (iii) the severity of any damage that has occurred, or might have occurred, to the natural resources, the public health, or the seafood industry.

An appeal from the Commission's decision may be taken to the courts as provided in Article 3 (§ 28.2-216 et seq.) of this chapter.