Virginia Administrative Code

A. Permit required. It shall be lawful to sell artificially raised brown trout, brook trout, or rainbow trout. Commercial aquaculture operations in Virginia that artificially raise and sell brown, brook, and rainbow trout must obtain a permit from the department. B. Trout as bait…

(Repealed.)

Waters selected by the director for inclusion into the Urban Fishing Program will be considered designated stocked trout waters only from November 1 through April 30, thus a trout license is not required from May 1 through October 31. In addition, trout may be creeled from these …

Waters selected by the director for inclusion into the Youth-Only Stocked Trout Program will be considered youth-only stocked trout waters from April 1 through June 15. Only youth 15 years of age and younger may participate in the program. The daily trout creel limit shall be thr…

Except as otherwise specifically provided in the sections appearing in this chapter, the daily creel limit for taking trout shall be six, except the daily creel limit shall be two in Lake Moomaw. Once a trout is taken into possession by placing in the creel, it becomes a part of …

(Repealed.)

Except as otherwise specifically provided by the sections appearing in this chapter, there shall be a seven-inch minimum size limit on trout generally and a 16-inch minimum size limit on trout in Moomaw Reservoir. Statutory Authority§§ 29.1-501 and 29.1-502 of the Code of Virgini…

It shall be unlawful for any person fishing in designated stocked trout water to use more than one rod, one line, and one baited hook (a treble hook is considered one hook); however, any combination of artificial lures is allowed. It shall be unlawful to use seines and nets in de…

(Repealed.)

It shall be unlawful to fish in designated stocked trout waters or in the waters covered by 4VAC15-330-110, 4VAC15-330-120, 4VAC15-330-130, 4VAC15-330-140, and 4VAC15-330-160 (during the period from May 16 through September 30) of this chapter after the daily creel limit of trout…

It shall be unlawful to feed or bait trout in designated stocked trout waters of the Commonwealth. Statutory Authority§§ 29.1-501 and 29.1-502 of the Code of Virginia.

A. Authorization to take fish for sale. A haul seine permit shall authorize the person to whom issued to take fish for sale as specified with a haul seine from the waters designated in this section. B. Permit holder to be present when seine operated. The holder of a haul seine pe…

A. Authorization to take fish for personal use. Pursuant to §§ 29.1-412 and 29.1-416 of the Code of Virginia, a permit to use a haul seine to take fish for personal use authorizes the holder of such permit to take nongame fish (except for those species listed in 4VAC15-20-130) wi…

A. Authorization to take fish. A gill net permit shall authorize the holder thereof to take nongame fish during the times and in the waters and for the purposes provided for in this section. Such gill net shall not be more than 300 feet in length. The mesh size shall be not less …

A. Authorization to take fish with dip nets. A county dip net permit shall authorize the holder to take shad, herring, mullet, and suckers (daily creel (possession) limits for shad and herring are found in 4VAC15-320-25, there is no limit for mullet, and subsection D of this sect…

It shall be unlawful to use hedging in connection with dip nets in the public inland streams. Statutory Authority§§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

A. It shall be unlawful to use seines and nets of any kind for the taking of fish from the public waters of the Roanoke (Staunton) and Dan Rivers in Campbell, Charlotte, Halifax, and Pittsylvania Counties and in the City of Danville; provided, however, this section shall not be c…

A. The director may issue, deny, modify, suspend, or revoke annual eel pot permits for American eels designated for personal use. Such permits shall authorize the taking of American eels for personal use only (not for sale) with eel pots from waters designated in this section. Su…

A. The director may issue, deny, modify, suspend, or revoke annual eel pot permits designated for the sale of American eels. Such permits shall authorize the taking of American eels for sale, as specified, with eel pots from waters designated in this section. Such permits shall b…

The purpose of this chapter is to: 1. Regulate the incidental take of regulated bird species and habitats in the context of the board's oversight authorities described in § 29.1-501 A of the Code of Virginia and the department's conservation and management authorities described i…

Administrative permit actions, including modification, suspension, and revocation, shall be addressed according to the department's dispute resolution and administrative appeals procedures. Any person conducting a regulated activity for which a permit is required by this chapter …

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Active nest" means any nest structure of a regulated bird species that contains one or more viable eggs incubated by attendant adults or live…

Except as provided in this chapter, it shall be unlawful for any person to conduct a regulated activity that results or will result in incidental take of a regulated bird species or regulated habitat without obtaining and complying with a permit from the department. However, no p…

No permit shall be necessary for any regulated activity that is actively under construction, has received all necessary permits and approvals but construction has not commenced or that has provided evidence of other contractual obligations that may be described in the appropriate…

Nothing in this section shall be interpreted to excuse compliance with the prohibitions, provisions or requirements of any other federal, state, or local laws, regulations, or ordinances, including the Virginia Endangered Species Act (§ 29.1-563 et seq. of the Code of Virginia); …

The following activities are exempt from the permitting requirements of this chapter. Any incidental take associated with these activities will not be considered a violation of this section: 1. Activities that are not defined as "regulated activities"; 2. Agricultural and silvicu…

The following permits authorize incidental take resulting from regulated activities: 1. General permit. a. The board may, by regulation, adopt a sector-specific plan that provides the framework for general permits issued for a particular category of regulated activities. b. An ap…

A. A permit application must be completed and submitted to the department. B. Administrative procedures. 1. The department shall determine the completeness of an application and shall notify the applicant of any determination within 45 calendar days of receipt. Where available to…

Any person who will undertake multiple regulated activities requiring a permit may biennially submit a single set of standards and specifications for department approval that describes how covered regulated activities shall be conducted. 1. Such standards and specifications shall…

Except as otherwise provided by local legislation and with the specific exceptions provided in the sections appearing in this chapter, it shall be unlawful to take or attempt to take fish at any time by snagging, grabbing, snaring, and gigging; with a striking iron; and with the …

A. It shall be lawful to take nongame fish at any time by snagging, grabbing, snaring, gigging, and with a striking iron in all waters , except (i) public impoundments, (ii) the Roanoke (Staunton) River, (iii) the Dan River, (iv) the James River in Goochland County, and (v) those…

Except as otherwise provided by local legislation, it shall be lawful to take nongame fish (daily creel (possession) and length limits for nongame fish are found in 4VAC15-320-25) in the daytime by snagging, grabbing, snaring, gigging, and with a striking iron from April 1 throug…

It shall be lawful to fish in the waters of Wolf and Big Walker's creeks from the New River in Giles County to the Bland County line for carp and suckers during the month of April each year by the use of line and grab hook containing not more than three barbs. Statutory Authority…

In Bland County it shall be lawful to take carp and suckers at any time from the waters of Walker's Creek, Wolf Creek (except that section stocked with trout) and the north fork of the Holston River by use of grab hook with not more than three barbs. Statutory Authority§§ 29.1-50…

A. Generally. Except as otherwise provided by local legislation and by subsections B and C of this section, and except on waters stocked with trout and within 600 feet of any dam, it shall be lawful to use trotlines, juglines (single hook, including one treble hook, and line atta…

A. Season. Except as otherwise provided by local legislation or as posted, it shall be lawful to take common carp, northern snakehead, goldfish, and longnose gar from the public inland waters of the Commonwealth, grass carp from public rivers and streams of the Commonwealth excep…

Statutory Authority§§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

A. Possession limits. Except as otherwise provided for in § 29.1-418 of the Code of Virginia, 4VAC15-20-130, 4VAC15-320-40, and this chapter, it shall be lawful to capture and possess live for private use and not for sale or export no more than one individual of any native or nat…

A. It shall be unlawful to take minnows and chubs (Cyprinidae) for sale from the inland waters of the Commonwealth. B. Commercial bait operations must have a Permit to Hold or Sell Certain Wildlife or a Permit to Propagate and Sell Certain Wildlife. With the exception of those sp…

A. It shall only be lawful to take and sell snapping turtles with a Permit to Collect and Sell Snapping Turtles and Hellgrammites. The director may issue, deny, modify, suspend, or revoke a Permit to Collect and Sell Snapping Turtles and Hellgrammites. Such permits shall be valid…

It shall be unlawful in the inland waters of the Commonwealth to take game fish in a seine, net pot or trap, and all game fish caught in such seines, nets, pots or traps shall immediately be returned without injury to the waters from which taken. Statutory Authority§§ 29.1-501 an…

It shall be lawful to propagate and sell certain native species of captive bred amphibians and reptiles with a Permit to Propagate and Sell Certain Wildlife or a Permit to Hold and Sell Certain Wildlife under such restrictions and conditions as the board may prescribe. Statutory …

It shall be unlawful to sell any species of madtom (Noturus sp.) and any species of salamander with the exception of nonnative newts (Salamandridae) and Mexican axolotls (Ambystoma mexicanum).Statutory Authority§§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

It shall be unlawful to sell any species of crayfish (Superfamily Astacoidea) live as bait or for personal use, except for personal consumption. Statutory Authority§§ 29.1-501 and 29.1-502 of the Code of Virginia.

(Repealed.)

On and after October 1, 1968, each life preserver required by § 29.1-736 of the Code of Virginia to be provided by person regularly offering boats other than motorboats for rent shall be of a type manufactured in accordance with specifications established by the Commandant, Unite…

(Repealed.)