SD21 - Recodification of Title 28.1 of the Code of Virginia

  • Published: 1992
  • Author: Virginia Code Commission
  • Enabling Authority: Senate Joint Resolution 17 (Regular Session, 1990)

Executive Summary:
Senate Joint Resolution No. 17 of the 1990 Acts of Assembly directed the Virginia Code Commission to study Title 28.1 of the Code of Virginia and report its findings in the form of a recodification of the title to the Governor and the General Assembly. Due to the number of amendments and changes which have been made in Title 28.1 since the previous recodification in 1962, the need arose to (i) organize the laws in a more logical manner, (ii) delete obsolete provisions, and (iii) improve the structure and clarity of the tidal fishery and habitat laws.

In accordance with the mandate, the study has been completed. The result is a recodification of Title 28.1 into a new Title 28.2 which reflects the consolidation of the fishery (Title 28.1) and habitat (Title 62.1) management functions of the Marine Resources Commission. The Code Commission has divided Title 28.2 into three subtitles. The first subtitle includes the general provisions relating to the administration of the agency. Subtitle II contains definitions, powers and duties covering those subjects which specifically apply to the management and regulation of the tidal fisheries. A new chapter has been created within this subtitle which captures the general requirements which apply to all the fisheries including terms and conditions of licensing, exemptions, duration of the licensing year, and tagging and marking requirements. More specific licensing requirements are retained in individual chapters for finfish, menhaden, oysters, clams, and crabs. Each of these chapters is organized in a manner which presents (i) the application process, (ii) the specific gear license requirements and fees, and (iii) the harvesting restrictions. The Code Commission also has reviewed the various penalties imposed for violation of the tidal fishery laws and in several instances has changed or modified the penalty to reflect the seriousness of the offense (i.e., its impact on the fishery). Subtitle III incorporates those statutes previously found in Title 62.1 relating to the Marine Resources Commission's responsibility for management of such habitats as state-owned submerged lands, tidal wetlands, and coastal primary sand dunes.

The Code Commission has rewritten and combined sections or parts of sections to clarify provisions and to eliminate archaic, obsolete or redundant language. Drafting notes highlighting significant changes or reorganization appear throughout this report, some preceding chapters where significant revisions were made and others following key sections in the Title 28.2 draft.

The outline of proposed Title 28.2 and the revision of Title 28.1 of the Code of Virginia follow this text as Appendix I. Appendix II contains tables that cross-reference the sections of Title 28.1 with equivalent sections in proposed Title 28.2 and vice versa.

The members of the Code Commission appreciate the time and effort of those who participated in this study, especially the staffs of the Virginia Marine Resources Commission and the State Health Department's Division of Shellfish Sanitation.

The Virginia Code Commission recommends that the General Assembly enact legislation at the 1992 Session to effectuate this revision.

Respectfully submitted,

Dudley J. Emick, Jr., Chairman
Samuel J. Glasscock, Vice Chairman
Russell M. Carneal
Joseph V. Gartlan
John Wingo Knowles
Gail Starling Marshall
E. M. Miller, Jr.
Theodore V. Morrison, Jr.
William F. Parkerson, Jr.
A L. Philpott