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1994 SESSION

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CHAPTER 155 An Act to amend and reenact § 28.2-227 of the Code of Virginia, relating to special nonresident harvester's license. [H 343] Approved April 1, 1994

Be it enacted by the General Assembly of Virginia:

1. That § 28.2-227 of the Code of Virginia is amended and reenacted as follows:

§ 28.2-227. Special nonresident harvester's license; fee and oath; revocation; penalty.

A. Any nonresident desiring to take or catch marine fish, crabs or any other seafood, except oysters, clams or other mollusks, from the tidal waters of the Commonwealth for which a license is required shall pay to any officer or agent a fee for a nonresident harvester's license. The fee, to be established by the Commission, shall be no less than $350 or more than $1,150. Three hundred fifty dollars of each fee shall be credited to the Virginia Marine Products Fund as provided under § 3.1-684.63. The remainder of the fee shall be credited to the Marine Fishing Improvement Fund, as established pursuant to § 28.2-208.

B. The license shall be required of each boat used in Virginia's tidal waters and shall be in addition to any other licenses required for the activity involved. However, the total fee for a nonresident to engage in any fishing activity in Virginia's waters shall not be less than the total fee charged a Virginia resident to engage in like fishing activities in the state of residence of the nonresident.

C. The nonresident shall state under oath his true name and address, the name and number of the boat being licensed, and that he will not violate any of the laws of this Commonwealth governing the taking and catching of seafood.

D. A nonresident harvester's license shall be required prior to the purchase of any other license for the harvesting of seafood. Revocation of this license in accordance with § 28.2-232 shall constitute revocation of any other license held by the nonresident under the provisions of this subtitle.

E. Any Virginia resident who enters into a partnership or other agreement with the intent to defeat the object of this section is guilty of a Class 1 misdemeanor.