Section 20. Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context indicates otherwise:

"Chesapeake Bay and its tributaries" means all tidal waters of Virginia, excluding the Potomac River tributaries and the coastal area as defined in this section.

"Coastal area" means the area that includes Virginia's portion of the Territorial Sea and all of the creeks, bays, inlets, and tributaries on the seaside of Accomack County, Northampton County, including areas east of the causeway from Fisherman Island to the mainland and the City of Virginia Beach, including federal areas and state parks fronting on the Atlantic Ocean and east and south of the point where the shoreward boundary of the Territorial Sea joins the mainland at Cape Henry.

"Land" or "landing" means to (i) enter port with finfish, shellfish, crustaceans, or other marine seafood on board any boat or vessel; (ii) begin offloading finfish, shellfish, crustaceans, or other marine seafood; or (iii) offload finfish, shellfish, crustaceans, or other marine seafood.

"Potomac River tributaries" means all the tributaries of the Potomac River that are within Virginia's jurisdiction beginning with, and including, Flag Pond, thence upstream to the District of Columbia boundary.

"Safe harbor" means that a vessel has been authorized by the commissioner to enter Virginia waters from federal waters solely to either dock temporarily at a Virginia seafood buyer's place of business or traverse the Intracoastal Waterway from Virginia to North Carolina.

Historical Notes

Derived from VR450-01-0081 § 2, eff. January 1, 1993; amended, Volume 10, Issue 10, eff. January 1, 1994; amended, Virginia Register Volume 10, Issue 10, eff. January 1, 1994; Volume 11, Issue 05, eff. October 28, 1994; Volume 11, Issue 14, eff. March 9, 1995; Volume 11, Issue 17, eff. April 25, 1995; Volume 13, Issue 01, eff. October 1, 1996; Volume 16, Issue 20, eff. May 25, 2000; Volume 18, Issue 14, eff. March 5, 2002; Volume 21, Issue 21, eff. June 1, 2005; Volume 25, Issue 03, eff. October 1, 2008; Volume 27, Issue 08, eff. December 1, 2010; Volume 28, Issue 05, eff. November 1, 2011.

Statutory Authority

§ 28.2-201 of the Code of Virginia.