Virginia Administrative Code

A. Pursuant to § 28.2-106.2 of the Code of Virginia, the following restricted areas are established adjacent to the James River, Surry Nuclear Power Plant: Area 1. The waters within an area beginning at latitude 37°08'59.4"N, longitude 76°40'15.5"W; thence to the following points…

A violation of this chapter is a Class 1 misdemeanor. Statutory Authority§§ 28.2-103 and 28.2-106.2 of the Code of Virginia.

The purpose of this chapter is to protect the citizens of the Commonwealth from dangers associated with unexploded ordnance located on Plum Tree Island National Wildlife Refuge (NWR) in Poquoson, Virginia. (See Plum Tree Island Map outlining the location of the restricted areas.)…

The following term when used in this chapter shall have the following meaning unless the context clearly indicates otherwise: "Restricted area" means those waters within an area beginning at mean high water on the shore east of Whalebone Island at latitude 37°08'41" N, longitude …

A. No vessel or persons shall enter the restricted area without the permission of the U.S. Army Corps of Engineers' District Engineer or persons or agencies authorized to act in his behalf. B. Commercial or private interests having a need to operate within the restricted area mus…

As set forth in § 28.2-106.2 D of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class I misdemeanor. Statutory Authority§§ 28.2-201, 28.2-501 and 28.2-518 of the Code of Virginia.

The purposes of this regulation are to (i) establish gear restrictions pertaining to haul seines, (ii) establish restrictions for the operation and fishing of haul seines, and (iii) establish a call-in procedure for haul seine operations using more than one vessel to set a haul s…

The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise: "Haul seine" means a net made of mesh webbing, which may include a pocket and wing net set vertically in the water and pulled by hand or po…

A. It shall be unlawful for any person to place or set in the water, encircle or enclose any haul seine that exceeds 1,000 yards in length. B. It shall be unlawful for any person to tie together, set or fish two or more haul seines with a combined total length of netting that exc…

It shall be unlawful for any person licensed to haul seine and intending to set any haul seine with more than one vessel to fail to contact the Virginia Marine Resources Commission Operations Station's toll-free line (1-800-541-4646), by 3 p.m., when intending to haul seine withi…

A. As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this regulation, except as provided in 4VAC20-1070-30 C, shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this regulation committed by th…

The purpose of this chapter is to conserve and protect sea turtle stocks in Virginia waters. Statutory Authority§§ 28.2-201 and 28.2-236 of the Code of Virginia.

The following words and terms when used in this chapter shall have the following meaning unless the context clearly indicates otherwise. "COLREGS Line" means the COLREGS Demarcation Lines, as specified in Coastal Pilot, 35th and 36th editions by Lighthouse Press. "Monkfish (goose…

A. It shall be unlawful for any person to take, harvest or possess any amount of monkfish in Virginia waters that exceeds 50 pounds of tails or 166 pounds of whole fish, except as described in subsection B of this section. B. It shall be unlawful for any vessel to land or possess…

It shall be unlawful for any person to use tie-downs in any gill net set or fished east of the COLREGS Line and north of the North Carolina-Virginia border and south of the Maryland-Virginia border in Virginia waters from May 1 through December 31. Statutory Authority§§ 28.2-201 …

As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this regulation shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this regulation committed by the same person within 12 months of a prior vi…

The purpose of this regulation is to specify the fees for each license required of any person to take, catch, harvest, possess or market fish, oysters, crabs, clams or other seafood species in the tidal waters of Virginia for commercial purposes or to take, catch or possess any s…

(Repealed.)

The following listing of license fees applies to any person who purchases a license for the purpose of harvesting for commercial purposes or fishing for recreational purposes during any calendar year. The fees listed below include a $1.00 agent fee.1. COMMERCIAL LICENSESCommercia…

A. As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter, except as provided in subsection B of this section, shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed…

The purpose of this chapter is to conserve and protect lobster from overfishing and to provide consistency among federal and interstate laws and regulations. Statutory Authority§ 28.2-201 of the Code of Virginia.

The following words and terms when used in this chapter shall have the following meanings unless the context indicates otherwise: "Berried female" means a female lobster bearing eggs attached to the abdominal appendages. "Carapace" means the unsegmented body shell of the lobster.…

It shall be unlawful for any person to possess any lobster less than 3-17/32 inches in carapace length or any lobster greater than 5-1/4 inches in carapace length, except for scientific purposes and with the express written consent of the Commissioner of Marine Resources. Statuto…

A. It shall be unlawful for any person to possess any berried female lobster, except for scientific purposes and with the express written consent of the Commissioner of Marine Resources. B. It shall be unlawful for any person to possess a lobster that has had eggs removed unnatur…

All berried females from Virginia waters shall be V-notched before being returned to the water immediately.Statutory Authority§ 28.2-201 of the Code of Virginia.

Statutory Authority§ 28.2-201 of the Code of Virginia.

A. All lobster traps not constructed entirely of wood (excluding heading or parlor twine and the escape vent) shall contain a ghost panel that complies with subdivisions 1 through 4 of this subsection. 1. The rectangular ghost panel shall not be less than 3-3/4 inches (9.53 cm) b…

A. It shall be unlawful for any person to take, catch, possess, or land lobster by lobster trap in Virginia unless that person possesses a Lobster Under 200 Permit or a Lobster Over 200 Permit. B. It shall be unlawful for any person to take, catch, possess, or land lobster from g…

Landings by fishermen using gear or methods other than lobster traps shall be limited to no more than 100 lobsters per day (based on a 24-hour period), up to a maximum of 500 lobsters per trip, for trips five days or longer. Statutory Authority§ 28.2-201 of the Code of Virginia.

As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violatio…

The purpose of this regulation is to ensure the safe and sanitary control of the harvesting and transporting of molluscan shellfish for human consumption. Statutory Authority§§ 28.2-201 and 28.2-801 of the Code of Virginia.

A. Any boat or vessel engaged in harvesting or transporting shellfish shall have on board an approved Type III marine sanitation device (holding tank), portable toilet or other sewage disposal receptacle. Portable toilets shall: 1. Be constructed of high quality plastic that is d…

As set forth in § 28.2-821 of the Code of Virginia, any person violating the provisions of this regulation shall be guilty of a Class I misdemeanor. Statutory Authority§§ 28.2-201 and 28.2-801 of the Code of Virginia.

The purpose of this chapter is to conserve and protect sheepshead stocks in Virginia waters. Statutory Authority§ 28.2-201 of the Code of Virginia.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. "Commercial fishing" or "fishing commercially" or "commercial fishery" means fishing by any person where the catch is for sale, barter, trade,…

The recreational harvest, landing and possession limit for sheepshead, as described in 4VAC20-1110-20, shall be four fish. It shall be unlawful for any person to recreationally harvest, land or possess more than four sheepshead within or without Virginia tidal waters. When fishin…

A. It shall be unlawful for any vessel to land in Virginia more than 500 pounds of sheepshead, as described in 4VAC20-1110-20, per day. B. It shall be unlawful to transfer harvest at sea.Statutory Authority§ 28.2-201 of the Code of Virginia.

As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violatio…

The purpose of this chapter is to provide for the conservation of tilefish and grouper and to reduce the potential for overfishing by establishing limits on the harvest and landing of these fish.Statutory Authority§ 28.2-201 of the Code of Virginia.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. "Commercial fishing" or "fishing commercially" or "commercial fishery" means fishing by any person where the catch is for sale, barter, trade,…

A. It shall be unlawful for any person fishing recreationally to possess or land more than eight golden tilefish in Virginia tidal waters. B. The recreational harvest, landing, and possession limit for blueline tilefish for any person fishing from a private or rental vessel shall…

Statutory Authority§ 28.2-201 of the Code of Virginia.

Statutory Authority§ 28.2-201 of the Code of Virginia.

It shall be unlawful for any person fishing recreationally to harvest or possess any blueline tilefish from January 1 through May 14 and from November 16 through December 31.Statutory Authority§ 28.2-201 of the Code of Virginia.

A. It shall be unlawful for any person harvesting tilefish when commercial fishing, as described in 4VAC20-1120-20, to do any of the following: 1. Possess aboard any vessel in Virginia waters any amount of tilefish species in excess of 500 pounds whole weight or 455 pounds gutted…

As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violatio…

The purpose of this chapter is to establish a general permit for the use of temporary protective enclosures for the propagation of oysters and clams, including a notification process and special conditions necessary for the protection of public safety, navigation, natural resourc…