28.2-1105 - Definitions.
§ 28.2-1105. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Inherent risks of a marine tourism activity" means those dangers orconditions that are an integral part of a marine tourism activity, includingcertain hazards, such as surface and subsurface conditions; naturalconditions of water; natural behaviors and dangers of varied marine products;and ordinary dangers of boats, structures, or equipment ordinarily used incommercial fishing operations. Inherent risks of marine tourism activitiesalso includes the potential of a participant to act in a negligent mannerthat may contribute to injury to the participant or others, including failingto follow instructions given by the marine tourism professional or failing toexercise reasonable caution while engaging in the marine tourism activity.
"Marine products" means any marine fish, shellfish, or organism thatinhabits marine or estuarine waters. Terrapin and marine mammals areconsidered to be marine organisms.
"Marine tourism activity" means any activity carried out by a marinetourism professional that allows members of the general public, forrecreational, entertainment, or educational purposes, to view or enjoy marineactivities related to the historic and contemporary culture, practice, andindustry of commercial fishermen. Marine tourism activities may take place onland or water and shall include aquaculture and fishing, as defined in §28.2-100. An activity is a marine tourism activity whether or not theparticipant paid to participate in the activity.
"Marine tourism professional" means any commercial fisherman, as defined insubsection D of § 28.2-241, or any person supervised by a commercialfisherman who is engaged in the business of providing one or more marinetourism activities, whether or not for compensation.
"Participant" means any person, other than a marine professional, whoengages in marine tourism activities.
(2009, c. 329.)