The Constitution of Virginia has specifically singled out oyster beds for special protection over other natural resources in the Commonwealth. Also, much legislation has been passed to preserve and strengthen the shellfish industry in Virginia. The Marine Resources Commission was established for the purpose of conserving and protecting the seafood and marine resources of Virginia. The Virginia Institute of Marine Science (VIMS) is deeply involved in research on fisheries and marine resources.

In 1966, the Virginia General Assembly directed the Marine Resources Study Commission to report on the state of Virginia's marine resources. That Commission concluded that Virginia's marine resources needed protection, especially at marinas where boats congregated. As a result, the General Assembly in 1968 passed laws relating to the control of boat pollution: one directed the State Water Control Board to promulgate regulations controlling discharges from boats into State water; the other directed the Board of Health to promulgate regulations establishing minimum requirements for the adequacy of sewerage facilities at marinas (see Appendix 1). Regulations promulgated by the Health Department in 1969 were met with considerable objection by boatowners and marina operators.

Pursuant to § 62.1-44.33, the State Water Control Board adopted Regulation No. 5 on January 30, 1973 (See Appendix 2). However, for various reasons, the regulation was not implemented. In 1976, after a series of public hearings, the Board amended Regulation No. 5 and stipulated that the regulation would not become enforceable until one year after receiving "no discharge certification" from the Environmental Protection Agency. The State has not applied for and cannot receive such certification until such time as a reasonable number of marinas in the designated area install shoreside pump-out facilities.

§ 62.1-44.33 directed the State Water Control Board to adopt regulations to control the discharge of sewage from boats. In 1975, the General Assembly restricted this authority by amending the statute (See Appendix 3). In 1977, legislation was introduced which would have amended § 62.1-44.33 to prohibit regulations requiring holding tanks (See Appendix 4). Although this passed the House of Delegates, due to conflicting testimony as to the effectiveness of flow-through marine sanitation devices, the Senate tabled the measure and through Senate Resolution No. 34, directed the Senate Committee on Agriculture, Conservation and Natural Resources to study the problems and report back to the Senate by October 1, 1977.