CHAPTER 746

An Act to amend and reenact §§ 28.1-1, 28.1-2, 28.1-8, 28.1-4 and 28.1-5
of the Code of Virginia, relating to the Commission of Fisheries,
jurisdiction and membership thereof, terms of office of members, and
definitions; and to amend the Code of Virginia by adding thereto a
section numbered 28.1-2.1, to change the names of the Commission
and Commissioner of Fisheries to Marine Resources Commission and
Commissioner of Marine Resources, and to transfer title in certain

properties.
[H 625]
Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 28.1-1, 28.1-2, 28.1-3, 28.1-4 and 28.1-5 of the Code of
Virginia be amended and reenacted, and that the Code of Virginia
be amended by adding thereto a section numbered 28.1-2.1, as follows:

§ 28.1-1. Definitions.—As used in this title:

“Commission” shall be taken to mean the “Marine Resources Com-
mission *’’,

“Commissioner” shall be taken to mean “Commissioner of * Marine
Resources.”

“Fish’’, “fishes” or “shellfish” shall be construed to include porpoise,
fishes, oysters, clams, scallops, mollusca, crustaceans, terrapins, marine
mammals and all other seafood. ,

“Fishing” or “fisheries” shall be construed to include all operations
involved in using, setting, taking, catching, or operating apparatus em-
ployed in killing, taking or catching the same, or in transporting and
preparing the same for market.

“Marine fish’, “shellfish” and “organisms” shall be those species
which spend the major portion of their lives in marine or estuarine waters
(shad, herring, alewives and striped bass or rock fish are considered to
be marine fish; sunfishes, crappies, catfish and carp are not).
“Resident” shall be any person who has actually resided in Virginia
for twelve months.

“Shoals” shall be taken to mean water of less than four feet in depth
at mean low water.

§ 28.1-2. What constitutes “Tidewater Virginia.”—Tidewater Vir-
ginia, as used in this title, is defined to embrace the following counties:
Accomack, Arlington, Caroline, Charles City, Chesterfield, Essex, Fairfax,
Gloucester, Hanover, Henrico, Isle of Wight, James City, King George,
King and Queen, King William, Lancaster, Mathews, Middlesex, Nanse-
mond, New Kent, * Northampton, Northumberland, Prince George, Prince
William, * Richmond, Southampton, Stafford, Surry, Sussex, Westmore-
land and York; and the cities of Alexandria, Chesapeake, Colonial Heights,
Fairfax, Falls Church, Fredericksburg, Hampton, Hopewell, Newport
News, Norfolk, Petersburg, Portsmouth, Richmond, * Suffolk, Virginia
Beach and Williamsburg. —

§ 28.1-2.1. Change of name of Commission and Commissioner of
Fisheries; transfer of certain properties to Marine Resources Commis-
sion.—The Commission of Fisheries hereafter shall be known as the
Marine Resources Commission, and the Commissioner of Fisheries here-
after shall be known as the Commissioner of Marine Resources. All refer-
ences in this code to “Commission of Fisheries” and “Commissioner of
Fisheries” hereafter shall be deemed references to “Marine Resources
Commission” and “Commissioner of Marine Resources’’, respectively. All
right, title and interest in and to any real estate, or any tangible personal
property, vested in the Commission of Fisheries at the time this act
becomes effective are transferred to the Marine Resources Commission.

§ 28.1-3. Jurisdiction of Commission—The jurisdiction of the
Marine Resources Commission * shall extend to the fall line of all tidal
rivers and streams and the Commission shall have jurisdiction over all
commercial fishing and all marine fish, marine shellfish, and marine or-
ganisms below said fall line on all tidal waters of the Commonwealth.

§ 28.1-4. Chairman and members of Commission.—The Marine Ke-
sources Commission * shall consist of a chairman and * six additional
members, who shall be, insofar as practicable, representative of all seg-
ments of the users of the marine resources of the State. They shall be
appointed by the Governor, subject to confirmation by the General Assem-
bly, if in session when such appointments are made, and if not in session,
then at its next succeeding session. The chairman, who shall be an expe-
rienced administrator with knowledge of seafood and marine affairs, shall
be appointed as such by the Governor. The chairman shall be Commis-
sioner of * Marine Resources and shall devote full time to the duties of
the office.

§ 28.1-5. Terms of office and vacancies.—The chairman and * two
members of the Commission shall hold office at the pleasure of the Gov-
ernor for terms coincident with the term of each Governor making the
appointments, or until their successors shall be appointed and qualified,
respectively. The remaining four members of the Commission shall be
appointed to hold office at the pleasure of the Governor for a term of four
years each, or until their successors shall be appointed and qualified,
respectively; provided, that the appointment of such four members shall
be made to expire on the thirtieth day of June of every fourth year after
nineteen hundred forty-eight. No person except the chairman shall be
eligible to serve for or during more than two successive terms; provided,
however, any person heretofore or hereafter appointed to fill a vacancy
shall be eligible for two additional terms after the expiration of the term
of the vacancy for which he was appointed. * Vacancies shall be filled for
unexpired terms in the same manner as original appointments are made.