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![handle is hein.sag/sagva0142 and id is 1 raw text is:
COMMONWEALTH of VIRGINIA
Office of the Attorney General
Mark R. Herring 202 North Ninth Street
Attorney General Richmond, Virginia 23219
804-786-2071
Fax 804-786-1991
Virginia Relay Services
800-828-1120
7-1-1
January 4, 2019
Mr. Steven G. Bowman
Commissioner, Virginia Marine Resources Commission
2600 Washington Avenue, Third Floor
Newport News, Virginia 23607
Dear Commissioner Bowman:
I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of
the Code of Virginia.
Issues Presented
You ask several questions regarding the interpretation of § 28.2-1206(B) of the Code of Virginia,
which provides that riparian owners of certain commercial facilities generally are exempt from the
payment of royalties assessed by the Virginia Marine Resources Commission (VMRC) for the use of
state-owned bottomlands.' Specifically, the exemption in § 28.2-1206(B) applies to (i) commercial
facilities engaged in the business of ship construction or repair, (ii) commercial facilities providing
services relating to the shipping of domestic or foreign cargo, and (iii) commercial facilities engaged in
the business of selling or servicing watercraft. ,2
Your questions are as follows:
1) Does the exemption from the payment of royalties in § 28.2-1206(B) for commercial
facilities providing services relating to the shipping of domestic or foreign cargo apply if
an entity utilizes its pier or wharf to offload oysters that may be shipped to other states or
countries?
A permit issued by VMRC is required for the use of state-owned bottomlands. Pursuant to § 28.2-1205(E), all
such permits shall be in writing and specify the conditions and terms that the Commission determines are
appropriate, and royalties unless prohibited under other provisions of this chapter [Chapter 12 of Title 28.2]
(emphasis added).
2 VA. CODE ANN. § 28.2-1206(B) (2016). The exemption, however, does not extend to assessments of royalties
for the removal of bottom material. See id at subsections (B) and (C).](ViewImageLocal?handle=hein.sag/sagva0142&div=1&collection=&method=preview&ext=.png&size=3)