The Rights of Requesters and the Responsibilities of the Marine Resources Commission under the Virginia Freedom of Information Act 

Virginia Marine Resources Commission Freedom of Information Act Policy

Date Updated: January 1, 2026
Version #: 2

Summary: Virginia Code § 2.2-3700 through 2.2-3715 requires all state agencies to provide public access to public records. The guidance describes the process and procedure for the agency to respond to public record requests pursuant to Va. Code § 2.2-3700 et. seq. This document summarizes the rights of FOIA requesters and the responsibilities of the Virginia Marine Resources Commission (VMRC) under the Virginia Freedom of Information Act.

Contact Information: Please contact Zachary Widgeon at Zachary.Widgeon@mrc.virginia.gov with any questions related to this guidance.

Disclaimer: This document is provided as guidance and, as such, sets forth standard operating procedures for the agency. However, it does not mandate any method, nor does it prohibit any alternative method. If alternative proposals are made, such proposals should be reviewed and accepted or denied based on their technical adequacy and compliance with appropriate laws and regulations.

The Virginia Freedom of Information Act (FOIA), located § 2.2-3700 et. seq. of the Code of Virginia guarantees citizens of the Commonwealth and representatives of the media access to public records held by public bodies, public officials, and public employees. A public record is any writing or recording -- regardless of whether it is a paper record, an electronic file, an audio or video recording, or any other format -- that is prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business. All public records are presumed to be open, and may only be withheld if a specific, statutory exemption applies. The policy of FOIA states that the purpose of FOIA is to promote an increased awareness by all persons of governmental activities. In furthering this policy, FOIA requires that the law be interpreted liberally, in favor of access, and that any exemption allowing public records to be withheld must be interpreted narrowly.

FOIA Rights

• Any person has the right to request to inspect or receive copies of public records, or both.
• Any person has the right to request that any charges for the requested records be estimated in advance.
• If you believe that your FOIA rights have been violated, you may file a petition in district or circuit court to compel compliance with FOIA.

Making a Request for Marine Resources Commission (MRC) Records

• Records may be requested by U.S. Mail, e-mail, in person, over the phone, or through the Virginia Marine Resources Commission’s FOIA Request Portal. FOIA does not require that a request be in writing, nor does the request need to specifically state that it is a FOIA request and does not have to be requested through a FOIA officer.
• For transparency, efficiency, and timely processing, MRC strongly encourages the use of its FOIA Request Portal at https://webapps.mrc.virginia.gov/public/foia/request.php. The portal provides a standardized method for submitting requests, creates an automatic record of the request, allows for clearer communication regarding the scope of records sought, and supports more efficient tracking and response by the agency.
• Requests may also be submitted by e-mail to the FOIA coordinator Zachary.Widgeon@mrc.virginia.gov. While MRC recommends using the FOIA Request Portal or e-mail, when possible, the agency will not refuse to respond to a FOIA request submitted through any authorized method.
• A request must identify the records being sought with "reasonable specificity." This is a common-sense standard. It does not refer to or limit the volume or number of records that are being requested; instead, it requires that a request be specific enough so that the agency can identify and locate the records being sought.
• A request must ask for records or documents. FOIA gives the right to inspect or copy records; it does not apply to a situation where the applicant inquires with general questions about the work of MRC, nor does it require MRC to create a record that does not exist.
• The requester may choose to receive electronic records in any format used by MRC in the regular course of business.

The Marine Resources Commission’s Responsibility in Responding to Requests

• MRC must respond to a request within five working days of receiving it. "Day One" is considered the day after the request is received. The five-day period does not include weekends or holidays.
• The reason behind the request for public records from MRC is irrelevant, and we cannot ask why records are being requested before we respond to a request. FOIA does, however, allow MRC to ask to provide your name and legal address. The Virginia FOIA applies only to citizens of the Commonwealth of Virginia and representatives of media with a circulation in Virginia.
• FOIA requires that MRC make one of the following responses to a request within the five-day time period:

We provide the records requested in their entirety

We withhold all the records requested, because all the records are subject to a specific statutory exemption. If all the records are being withheld, we must send a response in writing. That writing must identify the volume and subject matter of the records being withheld and state the specific section of the Code of Virginia that allows us to withhold the records.

We provide some of the records requested but withhold other records. We cannot withhold an entire record if only a portion of it is subject to an exemption. In that instance, we may redact the portion of the record that may be withheld and must provide the remainder of the record. We must provide a written response stating the specific section of the Code of Virginia that allows portions of the requested records to be withheld.

• The requested records could not be found or do not exist.
• If it is practically impossible for MRC to respond to a request within the five-day period, we must state this in writing, explaining the conditions that make the response impossible. This will allow us seven additional working days to respond to a request, giving us a total of 12 working days to respond to the request.
• If a request is for a very large number of records, and we feel that we cannot provide the records within 12 days without disrupting our other organizational responsibilities, we may petition the court for additional time to respond to the request. However, FOIA requires that we make a reasonable effort to reach an agreement with the requester concerning the production of the records before we go to court to ask for more time.

Costs

• MRC will charge to process FOIA requests at a rate commensurate with the cost to process the request. FOIA allows us to charge for the actual costs of responding to FOIA requests. This would include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records. It cannot include general overhead costs.
• If MRC estimates that it will cost more than $200 to respond to a request, a deposit will be required. The deposit may be up to the amount of the estimate. The five days we must respond to your request do not include the time between when we ask for a deposit and when you respond.
• The requester may request that we estimate in advance the charges for supplying the records you have requested. This will allow the requester to know about any costs upfront or give them the opportunity to modify the request in an attempt to lower the estimated costs.
• MRC requires payment of any unpaid invoice amounts before processing a new request.

Commonly Used Exemptions

The Code of Virginia allows any public body to withhold certain records from public disclosure. MRC commonly withholds records subject to the following exemptions:

• Personnel records (§ 2.2-3705.1 (1) of the Code of Virginia)
• Records subject to attorney-client privilege (§ 2.2-3705.1 (2)) or attorney work product (§ 2.2-3705.1 (3))
• Vendor proprietary information (§ 2.2-3705.1 (6))
• Records relating to the negotiation and award of a contract, prior to a contract being awarded (§ 2.2-3705.1 (12))
• Confidential Fisheries Data (§ 28.2-204.6 (C))
• Criminal incident information is likely to jeopardize an ongoing investigation or prosecution or the safety of an individual, or cause a suspect to flee or evade detection, or result in the destruction of evidence (§ 2.2-3706 (B)). Pursuant to §2.2-3706 (B) records may be released at the discretion of the Custodian of Records.
• Complaints, memoranda, correspondence and evidence relating to a criminal investigation or prosecution, other than criminal incident information (§ 2.2-3706 (F) (1))
• Portions of non-criminal incidents or other investigative reports containing identifying information of a personal, medical, or financial nature provided to a law-enforcement agency where the release of such information would jeopardize the safety or privacy of any person (§ 2.2-3706 (B))
• Investigative techniques or procedures, or identity of any undercover officer or individual providing information about a crime or criminal activity under a promise of anonymity (§ 2.2-3706 (D, E))
• Portions of any records containing information related to plans for, or resources dedicated to undercover operations (§ 2.2-3706 (G) (2))
• Plans and information to prevent or respond to terrorist activity (§ 2.2-3705.2 (4))
• Records that would reveal surveillance techniques, personnel deployments, alarm or security systems or technologies, or plans or protocols, that would jeopardize the security of any government facility or the safety of persons using it (§ 2.2-3705.2 (6))
• Tests or examinations used, administered or prepared for purposes of evaluation of any employee or employment seeker’s qualifications or aptitude for employment, retention, or promotion, or qualifications for any license or certificate (§ 2.2-3705.1 (4))
• Records of background investigations of applicants for law-enforcement agency employment or other confidential administrative investigations conducted pursuant to law (§ 2.2-3706 (B)

FOIA Processing Internal Guidance

MRC Roles and Responsibilities

MRC Agency FOIA Coordinator: Receives online and email FOIA requests and forwards requests to the appropriate division. Coordinates multi-program FOIA responses to ensure timely submittals and proper documentation of responses. (Zachary Widgeon)

Division FOIA Coordinator: Coordinates FOIA responses on behalf of their MRC division, communicates with Agency FOIA Coordinator on responses. (Division Chiefs)

Division Alternate Coordinator: Back-up for Division Coordinator (Division Deputy Chiefs)

FOIA Officer: The agency FOIA Officer is designated by the Commissioner and performs the following:

• Update the FOIA policy as necessary in accordance with changes made by the Virginia General Assembly to FOIA or agency directive
• Maintains a complete written record of MRC coordinators and alternate coordinators for FOIA purposes.
• Coordinates and drafts communication to requesters regarding exempt records.
• Consults with the Commissioner and, when necessary, the Department of Law Office of Attorney General ("OAG") OAG to ascertain the appropriate course of action when the custodian deems all or a part of a requested set of records to be subject to discretionary withholding.
• Consults with staff and/or conduct reviews of potentially exempt records before asserting an exemption for releasing a record.

FOIA Exclusions

Personnel Information: Personnel information concerns employment-related information associated with identifiable individuals. Personnel information is excluded from mandatory disclosure. The agency has the discretion to release or exclude such information unless the disclosure is prohibited by law. The agency’s policy is to exclude the release of such information.

Attorney Client Privilege and Attorney Work Product: The agency withholds any advice of legal counsel that is protected under the attorney-client privilege. Va. Code § 2.2-3705.1 (2). Similarly, legal memoranda and other work products compiled specifically for use in litigation or for use in an active administrative investigation concerning a matter that is properly the subject of a closed meeting under Va. Code § 2.2-3711 will be withheld. Va. Code § 2.2-3705.1 (3)

Closed Meetings: The agency withholds records compiled exclusively for use in closed meetings lawfully held pursuant to Va Code § 2.2-3711. Va Code § 2.2-3705.1 (5).

Proprietary Information: The agency withholds vendor proprietary information software contained in MRC records. Vendor proprietary information software includes computer programs that are acquired from a vendor for purposes of processing data for MRC Va. Code § 2.2-3705.1 (6).

Software: The agency withholds computer software developed by or for a state agency. Va. Code § 2.2-3705.1 (7).

Real Property Transactions: The agency withholds appraisals and cost estimates of real property subject to a proposed purchase, sale, or lease, prior to the completion of such transaction. Va. Code § 2.2-3705.1 (8).

Financial Information: The agency withholds account numbers, routing numbers, credit card numbers, debit card numbers or other account information with a financial institution unless the individual requesting the information is also the subject of the information. Va. Code § 2.2-3705.1 (13).

Executive Privilege and Governors Working Papers: "Working papers" are defined as those records that are prepared by or, for a public official for his or her personal or deliberative use. If a state employee has created records for or on behalf of the following entities listed below, please contact the FOIA Officer and the Director of Policy Va. Code § 2.2-3705.7 (2).

1. Office of the Governor
2. Lieutenant Governor
3. The Attorney General
4. The members of the General Assembly
5. The Division of Legislative Services
6. he mayor or other chief executive officer of any political subdivision of the Commonwealth
7. The president or other chief executive officer of any public institution of higher education in Virginia.

Fisheries Data Requests: Any request for data to the fisheries division shall be treated as a FOIA request and follow the usual timeframe. If the 12 working days are not enough, the next step would be to negotiate with the requester(s) to reach an agreement on the time to respond, and if no agreement can be reached, then the next step would be to file a petition in circuit court pursuant to subsection C of § 2.2-3704.

Fisheries Confidential Data: In accordance with (§ 28.2-204.6 (C)) Fisheries related data collected by our agency shall not be disclosed in any manner which would permit identification of any person, firm, corporation, or vessel, except when required by court order. As a policy for compliance with this standard the agency adheres to the ACCSP policy for confidentiality which requires that any data summary that is publicly disclosed must include landings from at least three contributors, such as, three dealers, three harvesters, and three vessels to be considered non-confidential.

Additional Governing Statutes

The following records are also governed by other statutes in addition to FOIA:

• Active criminal investigations are governed by the restrictions set forth under § 52-8.3 of the Code of Virginia.
• Criminal history records are governed by the restrictions set forth under § 19.2-389.
• Boating records and boating accident investigation reports are governed by § 29.1-700 et seq.
• Motor vehicle accident reports and information regarding accidents are governed by § 46.2-379 and § 46.2-380.

Counting the Cost of Processing Requests

MRC may make reasonable charges for its actual costs incurred in accessing, duplicating, supplying, or searching for the requested records, as authorized by the Virginia Freedom of Information Act. MRC will not impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with maintaining records or transacting the general business of the agency. The agency assesses the cost of responding to a FOIA request based on the actual staff time and materials required to fulfill the request.

Staff Time

Charges for staff time are calculated based on the actual hourly rate of the MRC employee or employees who perform the work necessary to produce the responsive records for disclosure. Staff time is tracked and billed in 30-minute increments. The assignment of staff to fulfill a FOIA request is determined by the nature of the records requested and the expertise required to locate, review, and prepare those records. If more than one employee is required to respond to a request, charges may reflect the combined actual staff time expended by each employee involved, calculated at each employee’s respective hourly rate.

Duplication Costs

MRC may assess charges for the duplication of records reflecting the actual cost of reproduction. Paper copies are charged at $0.25 per page. Actual costs associated with tangible media, postage, shipping, or other delivery methods used to provide records may also be charged to the requester.

Electronic Records

Electronic records productions are the preferred method of the agency. The agency will transmit the information through an electronic file share, e-mail or mail. There is no associated cost with transmitting the records electronically outside of staff time outlined above. However, if the requester would prefer that the records be placed on a thumb drive and sent via postal mail, then any cost associated with this type of production will be borne by the requester and MRC staff should include this cost. In the case of a Habitat Management FOIA response that only requires the point-person to direct the requestor to the public online permit database, a charge will not be issued.

Photocopied Records

If the requester does not wish to inspect the original records but wishes to be provided with copies of the requested records in physical paper form, the requester may elect to have copies made and sent to the requester. MRC's basic charge for photocopying existing paper records is per 8 1/2” x 11" single-sided. When the request involves hundreds of pages, the staff may estimate the pages using the formula, 2 inches equals 500 pages (1-inch equals 250 pages, etc.), which is based on the standard size of a ream of paper. The cost associated with copying and mailing the records will be borne by the requester.

Agency Inability to Copy Requested Records

If the agency is unable to copy the records for requester, then the agency may fulfill its obligations by allowing the requester to contact a private copying service to produce the requested records. In such instances, steps must be taken to ensure that the integrity of the original records is retained. If a private copying service is used, direct payment to the company is the responsibility of the requester and the cost per page will not be assessed by MRC.

Requests that will not be charged: Next of kin, government agency-to-government agency, fatality incidents.

MRC Invoicing

• $200 or More: If MRC determines that the actual cost of responding to a FOIA request is likely to exceed $200, the requester will be notified that an advance deposit is required prior to the agency beginning or continuing processing of the request, pursuant to Va. Code § 2.2-3704(H). The required deposit shall be due upon notification and may be up to the fully estimated cost of the request. Upon issuance of the deposit notice, the statutory response period shall be paused until the deposit is received. The deposit will be applied as a credit toward the total cost of responding to the request, and any remaining balance will be billed to the requester upon completion. Processing will resume once the deposit is received, within the remaining statutory response period.
• Instances when the requester asks for estimation of charges: MRC will provide the requester with a price estimate. The statutory time for providing the requested records will be paused until the requester notifies the agency that he or she would like to have the request processed. If the agency does not receive a response from the requester within 30 days of sending the cost estimate, the request shall be deemed to be withdrawn. Va. Code §2.2- 3704 (D).

Submission of Payment

Checks should be made payable to Treasurer of Virginia and mailed to:

Marine Resources Commission
Attn: Accounts Payable
380 Fenwick Road
Fort Monroe, VA 23651
757.247.2200

Penalties for Violation:

Employees may be held personally liable for violations of FOIA. If a legal proceeding is commenced against any employee of MRC for a violation of FOIA, and the court finds that a violation was willfully and knowingly made, the court shall impose upon such officer or employee of MRC a civil penalty of not less than $500 nor more than $2,000, which amount shall be paid into the State Literary Fund. For a second or subsequent violation, such civil penalty shall be not less than $2,000 or more than $5,000. Va. Code § 2.2-3714. To ensure FOIA compliance, the agency will require employees to attend an annual training.