Virginia Administrative Code

The purpose of this chapter is to establish a method of identifying harvested shellfish, according to its original Virginia harvest area, at any time of the year. Statutory Authority§§ 28.2-201 and 28.2-801 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: "Bulk shellfish tag" means a shellfish tag that shall only be used for shellfish harvested from a single harvest area in any one day and accom…

A. Any person harvesting shellfish for commercial purposes shall affix a shellfish harvester tag to each container of shellfish, except as provided in subsection E of this section, before leaving any single harvest area. The shellfish harvester tag shall remain in place while the…

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…

A listing of water area names for use by harvesters to designate harvest areas. Back Bay Mobjack Bay Back River Nansemond River Bogue Bay Nomini River Bradford Bay North River Burton's Bay North Landing River Chesapeake Bay Lower East Outlet Bay Chesapeake Bay Lower West Oyster B…

The purposes of this chapter are to rebuild the Virginia stocks of river herring and to comply with the requirements of the Interstate Fishery Management Plan for Shad and River Herring. Statutory Authority§ 28.2-201 of the Code of Virginia.

The following terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Land" or "landing" means to (i) enter port with finfish, shellfish, crustaceans, or other marine seafood on board any boat or vessel; (ii) begin offloa…

A. It shall be unlawful for any person to catch and retain possession of any river herring from Virginia tidal waters. B. It shall be unlawful for any person to possess aboard a vessel on Virginia tidal waters or to land in Virginia any river herring. C. Any river herring or its …

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 management measures for a sustainable Atlantic menhaden fishery and to provide fair and equitable allocation to the sectors.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: "Atlantic menhaden" or "menhaden" means any fish of the species Brevoortia tyrannus. "Bay Cap" means the annual total allowable commercial landings by…

A. Total allowable commercial landings for menhaden shall be equivalent to 75.21% of the annual total allowable catch (TAC) set by the Atlantic States Marine Fisheries Commission (ASMFC) after 1.0% of the TAC is set aside by the ASMFC for episodic events. B. Any portion of the 1.…

A. The annual total allowable Bay Cap landings from the Chesapeake Bay by the purse seine menhaden reduction sector shall not exceed 51,000 metric tons (112,435,754 pounds) and shall be subject to annual adjustment for any overages as specified in subdivision 3 of this subsection…

A. To qualify for limited entry to the purse seine menhaden bait sector, the person or entity shall fulfill one of the following requirements: 1. Have held a purse seine license in 2011 and landed menhaden in Virginia in 2009, 2010, and 2011, while using purse seine gear to harve…

The non-purse seine menhaden bait sector's quota allocation shall be in proportion to share for each gear type of average landings from 2002 through 2011 and are as follows:1. Cast net:0.04%.2. Dredge:0.06%.3. Fyke net:0.04%.4. Gill net:30.31%.5. Pound net:67.98%.6. Haul seine:0.…

A. Each licensee of any purse seine vessel who harvests menhaden shall complete a Captain's Daily Fishing Report on each non-weekend or non-holiday day that either purse seine sector is open for harvest. The Captain's Daily Fishing Report is produced by the National Marine Fisher…

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. A second and each subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violat…

The purpose of this chapter is to establish penalties for any individual found fishing illegally after the Marine Resources Commission has ordered the revocation of his fishing license or his fishing privileges, or both.Statutory Authority§ 28.2-201 of the Code of Virginia.

The following word and term when used in this chapter shall have the following meaning unless the context indicates otherwise: "Fishing" means all operations involved in (i) taking or catching marine fish, shellfish, and marine organisms; (ii) using, setting, operating, or piloti…

It shall be unlawful for any person to participate in any fishing at any time during the period his fishing licenses or fishing privileges are revoked by the Marine Resources Commission.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 a provision of this chapter shall be guilty of a Class 3 misdemeanor. A second violation and each subsequent violation of any provision of this chapter committed by the same person within 12 months of a prio…

The purpose of this chapter is to protect and promote the oyster broodstock within the condemned shellfish areas and within the tidal waters of the Commonwealth and to protect the public health.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: "Daily restricted shellfish area relay permit" means a one-day permit issued by the Marine Resources Commission for the relay of shellfish from a gene…

All unassigned or vacant state-owned bottomland designated as a condemned shellfish area that is not assigned to or reserved for riparian owners by the Virginia Department of Health and classified as either restricted shellfish area or prohibited shellfish area for the direct har…

A. It shall be unlawful to relay shellfish from a general oyster planting ground within a restricted shellfish area without first obtaining a daily restricted shellfish area relay permit from the Marine Resources Commission. B. The daily restricted shellfish area relay permit sha…

A. As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter, except 4VAC20-1290-40, 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 …

The purpose of this chapter is to provide for appropriate conservation of the shellfish resources of the Commonwealth of Virginia. 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. "Public ground" means all those grounds defined in § 28.2-551 of the Code of Virginia, all grounds set aside as public ground by court order…

The use of patent tongs is prohibited on all public and unassigned ground in the Poquoson River and any of its tributaries, in Chisman Creek and any of its tributaries, and in Cabin Creek and any of its tributaries upstream of a line beginning at Hunts Point Survey Station Taylor…

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 general permit is to provide a streamlined permitting process as an incentive to encourage property owners to utilize a living shoreline approach as appropriate, manage shoreline erosion, and promote the planting and growth of tidal wetland vegetation to resto…

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise: "Chairman" means the chairman of a local wetlands board or his designee. "Commission" or "VMRC" means the Virginia Marine Resources Commissio…

A. This general permit shall authorize the placement of certain specified sand fill, fiber logs, fiber mats, shell bags, and temporary grazing protection in tidal wetlands, landward of mean low water, to improve the growing conditions for wetland vegetation. The establishment of …

A. The maximum fetch at the project site shall not exceed 1/2 mile in any shore angle direction. Coarse sand should be utilized for any required fill. At a minimum the sand shall contain less than 10% very fine material (passing a #100 sieve). The sand shall not be placed in a ma…

A. This permit grants no authority to the permittee to encroach on property rights, including riparian rights, of others. B. The duly authorized agents of the commission and the applicable local government shall have the right to enter upon the premises at reasonable times for th…

The purpose of this chapter is to conserve and protect Jonah crabs 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 or terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Carapace" means the unsegmented body shell of a Jonah crab. "Carapace length" means the straight line measurement across the widest part of th…

A. It shall be unlawful for any individual to possess any egg-bearing female Jonah crab, except for scientific purposes and with the express written consent of the Commissioner of Marine Resources. Any harvested egg-bearing female Jonah crab shall be returned to the water immedia…

A. It shall be unlawful for any individual to take, catch, possess, or land any Jonah crab from gear other than lobster traps unless that individual possesses a Jonah Crab Incidental Commercial Permit. 1. Such permits shall only be issued to an individual who possesses (i) a vali…

It shall be unlawful for any individual fishing recreationally to possess more than 50 Jonah crabs per individual per day.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 enhance the physical security of the James River Reserve Fleet as part of a comprehensive plan to protect the public, environment, and economic interests from sabotage and other subversive acts, accidents, or incidents of a similar nature. This r…

The following words when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Restricted area" means those waters within an area beginning at latitude 37º08.4999992' N, longitude 76º38.4799994' W; thence to latitude 37º07.1885596…

No vessel or other watercraft, except those owned or controlled by the United States government or the Virginia Marine Police, shall cruise or anchor within the restricted area as defined in 4VAC20-1320-20 any closer than 500 feet of any reserve fleet unit or units unless specifi…

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§ 28.2-106.2 of the Code of Virginia.

This regulation will remain in effect until the federal rule pertaining to this restricted area expires.Statutory Authority§ 28.2-106.2 of the Code of Virginia.

The purpose of this general permit is to provide a streamlined permitting process as an incentive to encourage property owners to utilize a living shoreline approach as appropriate, manage shoreline erosion, and promote the planting and growth of tidal wetland vegetation, sand du…