Virginia Administrative Code

A. The permittee authorized by this chapter shall hold a current oyster or clam aquaculture product owners permit issued by the commission; shall be in compliance with the provisions of 4VAC20-610, Pertaining to Mandatory Harvest Reporting; and shall have paid all fees, costs, an…

A. Upon approval of the notification to use temporary protective enclosures, the applicant shall pay to the commission the following fee: 1. For up to 500 structures, $125. 2. For over 500 but not more than 1,000 structures, $250. 3. For over 1,000 but not more than 2,500 structu…

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…

(Repealed.)

(Repealed.)

(Repealed.)

(Repealed.)

(Repealed.)

Any person, business, or corporation, licensed to purchase fish, shellfish, or marine organisms from the catcher, as required by § 28.2-228 of the Code of Virginia, that is engaged in the transfer, off-loading, or purchase, from the catcher of fish, shellfish, or marine organisms…

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 violation…

The purpose of this chapter is to establish conditional or limited sale of licenses and permits for fishing guides, charter boats, and head boats for effective fishery management. This chapter establishes the enforcement boundaries for freshwater and saltwater licenses for the fo…

The following words and terms when used in this chapter shall have the following meanings unless the context indicates otherwise: "Captain" means the person licensed by the U.S. Coast Guard to carry passengers for hire who operates the charter boat or head boat. "Charter boat per…

A. Either a Class A fishing guide license or Class B fishing guide license or a fishing guide reciprocity permit shall be required for a charter boat or head boat captain operating for hire in the waters of the Commonwealth under the jurisdiction of the Marine Resources Commissio…

A. To obtain a Class A guide license the applicant shall submit to the Marine Resources Commission a For-Hire Application and a copy of the applicant's valid U.S. Coast Guard license. 1. A Class A fishing guide licensee shall be required to purchase a Class A fishing guide licens…

A. A Class A fishing guide license may be transferred from the current licensee to another person with the approval of the Commissioner of Marine Resources as follows: 1. A temporary transfer shall authorize the person replacing the original Class A fishing guide licensee to serv…

(Repealed.)

It shall be unlawful to operate as a captain on a charter or head boat without the corresponding licenses from the Marine Resources Commission in the following waters: 1. Potomac River: the tidal portions of all Virginia tributaries entering downstream of the Route 301 Bridge; 2.…

As set forth in § 28.2-903 of the Code of Virginia, any individual 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 individual within 12 months of a prior …

The purpose of this chapter is to establish a control date, gear specifications, limited entry, and transfer and licensing requirements for conservation and management of the gill net fishery.Statutory Authority§ 28.2-201 of the Code of Virginia.

The following terms when used in this chapter shall have the following meaning unless the context indicates otherwise: "Extended drift gill net" means a drift gill net not to exceed 6,000 feet in total length, where one end is attached to a vessel. "Gill net" means all gill nets …

The commission hereby establishes December 31, 2005, as the control date for management of all commercial gill net fisheries under its jurisdiction. Participation by any individual in a gill net fishery after the control date will not be considered in the calculation or distribut…

A. Either a Class A Resident Gill Net Permit, a Class A Nonresident Gill Net Permit, or a Class B Gill Net Permit shall be required for a harvester before purchasing a gill net license. B. A commercial fisherman shall be considered qualified for the Class A Resident Gill Net Perm…

A. Class A resident gill net permittees or Class A nonresident gill net permittees shall be authorized to purchase any number of gill net licenses, provided the maximum footage associated with all purchased gill net licenses does not exceed 12,000 feet. B. Class B gill net permit…

A. Class A resident gill net permittees may only transfer that permit to another registered commercial fisherman who is a resident of the Commonwealth of Virginia. The transferor and the transferee shall have documented all prior fishing activity on Virginia mandatory reporting f…

A. It shall be unlawful to operate an extended drift gill net anywhere except within the mainstem of the Chesapeake Bay as well as the coastal waters of Virginia east of the COLREGS line up to the three nautical mile limit. B. It shall be unlawful to operate an extended drift gil…

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 the public notice requirements that are a part of a public interest review for projects and activities requiring permits from the Marine Resources Commission for uses of state-owned bottomlands pursuant to Chapter 12 (§ 28.2-1200 et seq…

The Marine Resources Commission requires a public notice on all applications that require a permit from the commission pursuant to Chapter 12 (§ 28.2-1200 et seq.) of Title 28.2 of the Code of Virginia except for the following projects or activities: 1. Construction projects, str…

A. The notice shall include the applicant's name and accurately describe the nature, extent, and location of the proposed project. B. The public notice shall be placed in a newspaper having general circulation in the area where the project is proposed. C. For a project or an acti…

A. The Marine Resources Commissioner or his designee shall be responsible for ensuring that the newspaper notice is published, as described in 4VAC20-120-30 B and shall be the sole judge concerning the adequacy of content of the newspaper notice and selection of the newspaper. B.…

(Repealed.)

(Repealed.)

(Repealed.)

(Repealed.)

(Repealed.)

(Repealed.)

The purpose of this chapter is to establish a minimum distance separating any net and the side or end of any fixed fishing device.Statutory Authority§ 28.2-201 of the Code of Virginia.

The following term when used in this chapter shall have the following meaning unless the context clearly indicates otherwise: "Fixed fishing device" means a pound net, fyke net or staked gill net.Statutory Authority§ 28.2-201 of the Code of Virginia.

It is unlawful to place a net within 300 yards of the side or end of any fixed fishing device, unless in the same row.Statutory Authority§ 28.2-201 of the Code of Virginia.

The purpose of this chapter is to establish harvest times and handling procedures for shellfish, excluding seed oysters and seed clams, harvested for commercial purposes or any other use. 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: "Clam" means any shellfish of the species Mercenaria mercenaria and genera Noetia and Anadara. "Container" means any bag, box, sack, tote, or …

A. It shall be unlawful for any commission employee or representative to issue any shellfish license, shellfish permit, or oyster resource user fee to any person unless that person has successfully completed the Shellfish Harvest Safety Training Certification Course. It shall be …

A. From May 1 through October 31, all land-based deliveries of oysters shall be made aboard trucks or other conveyances equipped with VDH-approved temperature controlled storage. Mechanically refrigerated containers for oysters shall be in operation during transport. Any operator…

From May 1 through October 31, all land-based deliveries of clams requiring more than 60 minutes after offloading is complete shall be made aboard trucks or other conveyances equipped with VDH-approved temperature controlled storage. Mechanically refrigerated containers for clams…

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

A. In addition to the penalty prescribed by law, any person violating any provision of this chapter shall destroy, in the presence of a marine police officer, all shellfish in his possession, or, at the direction of the marine police officer, shall place the shellfish overboard o…

The purpose of this regulation is to establish a Fisherman Identification Program which, in combination with the Saltwater Fishing License Program, will provide a complete listing of anglers fishing for marine and anadromous fish species in tidal waters. The listing is used to co…