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1996 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 28.2-208 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 28.2-228.1 as follows:
§ 28.2-208. Marine Fishing Improvement Fund continued.
There is hereby continued a special, nonreverting fund in the state treasury to
be known as the Marine Fishing Improvement Fund, hereinafter referred to as the
Fund. The Fund shall consist of (i) that portion of the nonresident harvester's
license fees which have not been allocated to the Virginia Marine Products Fund
as provided for in § 28.2-227 and, (ii) fees collected from
the registration of commercial fishermen under § 28.2-241, and (iii)
fees collected from the sale of seafood landing licenses under §
28.2-228.1. The Fund shall be administered by the Commission and used
solely for (i) managing and improving marine fisheries, (ii) seafood product
promotion and development services, (iii) mandatory reporting and stock
assessment, (iv) education of commercial fishermen, (v) conservation and
management strategies identified by the General Assembly and the Commission,
(vi) public information pamphlets and summaries of rules issued with gear
licenses, and (vii) retaining commercial fishermen to engage in replenishment,
research, and stock assessment activities.
§ 28.2-228.1. Seafood landing licenses.
A. The Commission may by regulation establish licenses for the landing of seafood in Virginia, the fee for which shall not exceed $150. The regulations may limit the number of such licenses that may be issued and may establish eligibility criteria. Fees collected from the sale of seafood landing licenses shall be deposited to the Marine Fishing Improvement Fund established in § 28.2-208.
B. The Commission may grant exceptions to the license requirement established in subsection A to any person registered as a commercial fisherman under the provisions of § 28.2-241.
C. The following shall be Class 3 misdemeanors: (i) landing seafood without the license that may be required under this section and (ii) failure to produce or have available for inspection the license that may be required under this section when requested by any officer. Failure to produce the license is prima facie evidence that the person is landing seafood without a license.