| 19 | | - | 1. That 28.2-226.1, 28.2-302 and 28.2-302.5 of the Code of Virginia are amended and reenacted as follows: |
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| 20 | | - | |
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| 21 | | - | 28.2-226.1. Recreational gear license required. |
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| 22 | | - | |
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| 23 | | - | A. Any person desiring to take or catch finfish or shellfish for recreational purposes in the tidal waters of the Commonwealth using commercial gear authorized under 28.2-226.2 shall first obtain the appropriate commercial gear license for recreational purposes. A license to use such gear for recreational purposes shall be issued to an individual for his exclusive use and shall not be transferable. |
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| 24 | | - | |
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| 25 | | - | B. All gear licenses issued for recreational purposes shall be so marked. |
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| 26 | | - | |
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| 27 | | - | C. Any person who has obtained a commercial gear license for recreational purposes only shall be exempt from the commercial fishing registration requirements of 28.2-241 and 28.2-242. |
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| 28 | | - | |
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| 29 | | - | D. For purposes of this section and 28.2-226.2 and 28.2-232, "recreational purposes" means finfish or shellfish taken for personal use and not sold, traded, bartered, or given to another in order to be sold, traded, or bartered. |
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| 30 | | - | |
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| 31 | | - | E. Holders of licenses under this section shall report catch and other data as is deemed necessary by the Commission for effective fisheries management. |
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| 32 | | - | |
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| 33 | | - | F. Any person who engages in an activity for which an exemption is provided in 28.2-226, holds a saltwater recreational fishing license and uses a gear type listed in 28.2-302.1, or is exempt from the requirements of obtaining a saltwater recreational license pursuant to subdivision A 11 12 of 28.2-302.5 shall be exempt from the requirement of obtaining a commercial gear license for recreational purposes. |
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| 27 | + | 1. That 28.2-302 of the Code of Virginia is amended and reenacted as follows: |
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| 34 | 28 | | |
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| 35 | 29 | | 28.2-302. Commercial fishing pier; license fee; penalty. |
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| 36 | 30 | | |
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| 37 | 31 | | 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. |
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| 38 | 32 | | |
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| 39 | 33 | | 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. |
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| 40 | 34 | | |
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| 41 | 35 | | 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. |
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| 42 | 36 | | |
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| 43 | 37 | | 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 commercial fishing pier does not include a public fishing pier operated by a political subdivision shall be considered to be a commercial fishing pier, although no fee is charged. |
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| 44 | | - | |
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| 45 | | - | 28.2-302.5. Exemptions to saltwater recreational fishing license. |
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| 46 | | - | |
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| 47 | | - | A. The following persons shall be exempt from the requirements of obtaining a saltwater recreational fishing license as set forth in 28.2-302.1: |
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| 48 | | - | |
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| 49 | | - | 1. A person under the age of 16 or a person who has attained the age of 65. |
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| 50 | | - | |
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| 51 | | - | 2. A person fishing from private real property that he owns or rents, the nonpaying guest of such person, or a member of the immediate family of such person. |
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| 52 | | - | |
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| 53 | | - | 3. A person fishing from a licensed recreational boat licensed pursuant to 28.2-302.7. |
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| 54 | | - | |
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| 55 | | - | 4. A person fishing from a licensed headboat, charterboat, or pier licensed pursuant to 28.2-302 or 28.2-302.8. |
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| 56 | | - | |
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| 57 | | - | 5. A person fishing with gear licensed by the Commission. |
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| 58 | | - | |
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| 59 | | - | 6. The holder of a valid recreational fishing license issued by another state or jurisdiction, upon determination of reciprocity of the license by the Commissioner. |
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| 60 | | - | |
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| 61 | | - | 7. A public pier operated by a political subdivision. |
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| 62 | | - | |
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| 63 | | - | 8. Members of the following groups, as determined by the Commissioner: |
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| 64 | | - | |
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| 65 | | - | a. Organized groups of individuals with physical or mental limitations; |
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| 66 | | - | |
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| 67 | | - | b. Organized groups of military veterans residing in veterans' hospitals; and |
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| 68 | | - | |
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| 69 | | - | c. School groups, grades kindergarten through 12, participating in school-sponsored trips. |
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| 70 | | - | |
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| 71 | | - | 8. 9. A permanently and totally disabled person as defined in 58.1-3217 holding a special lifetime saltwater recreational fishing license issued pursuant to 28.2-302.10. |
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| 72 | | - | |
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| 73 | | - | 9. 10. A person holding a lifetime saltwater recreational fishing license issued pursuant to 28.2-302.10:1. |
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| 74 | | - | |
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| 75 | | - | 10. 11. A person fishing from a federally owned park or reserve with boundaries extending into an adjoining state that does not require a saltwater fishing license. |
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| 76 | | - | |
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| 77 | | - | 11. 12. A Virginia resident who is a member of an American Indian tribe recognized by the Commonwealth and is carrying (i) an identification card or paper signed by the chief of his tribe, (ii) a valid tribal identification card, (iii) a written confirmation through a central tribal registry, or (iv) a certification from a tribal office, stating that the person is a member of such tribe. Such card or other certification shall create a presumption of residence in Virginia that may be rebutted by proof of actual residence elsewhere. |
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| 78 | | - | |
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| 79 | | - | B. No saltwater recreational fishing licenses shall be required on days that are designated as free fishing days. The Commissioner shall designate no more than three free fishing days in any calendar year. This exemption shall not apply to headboats, charterboats, or rental boats. |
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