Virginia Administrative Code

Permits issued are subject to the following conditions: 1. The project authorized by this general permit shall be completed within two years of the issuance of the permit. Upon written request by the permittee prior to the permit expiration date, the permit may be extended to all…

The purpose of this chapter is to establish the necessary application requirements and review procedures for fast-track permitting of dredging and dredged material disposal sites involving state-owned submerged lands. Fast-track permitting shall be available only to local governm…

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise: "Coastal resilience" means the ability of natural and built coastal environments to withstand and recover from hazardous events such as extre…

A. Fast-track consideration of Joint Permit Applications for dredging projects and associated dredge material disposal sites involving state-owned submerged lands shall be provided to local governments in Tidewater Virginia when shoreline or open water placement of dredge materia…

A. Fast-track permitting shall not apply under the following conditions: 1. Placement of dredged material on SAV beds or where the dredged material will flow onto SAV beds. 2. Placement of dredged material on any oyster planting ground lease without written consent by the lessee.…

The purpose of this chapter is to establish the application procedures and fee for the renewal of general oyster planting ground leases and time limits to request a formal hearing concerning any denial of such renewal.Statutory Authority§ 28.2-613 of the Code of Virginia.

The following word or term when used in this chapter shall have the following meaning, unless the context clearly indicates otherwise: "General oyster planting ground" means any lease granted for the propagation of oysters or clams as defined under § 28.2-603 of the Code of Virgi…

A. Each leaseholder shall complete an application for renewal of general oyster planting ground prior to the expiration of each 10-year lease term. B. A nonrefundable fee for review of the renewal application, as authorized by § 28.2-613 of the Code of Virginia, shall be $150 per…

Any request for a formal hearing, pursuant to § 28.2-216 of the Code of Virginia, to appeal a renewal application denied pursuant to this chapter must be received or postmarked no later than 60 days from the date that notice of the commissioner's decision is received.Statutory Au…

The purpose of this regulation is to sustainably manage populations of nonnative catfish species through the creation of a low-frequency electrofishing gear license.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: "Agent" means any individual who possesses the Commercial Fisherman Registration License, fishing gear license, or fishing permit of any regis…

A. The maximum number of Commercial Electrofishing Licenses issued in any calendar year shall be three. B. Any individual who meets all of the following criteria shall be eligible for a Commercial Electrofishing License: 1. The individual shall possess a valid Commercial Fisherma…

A. It shall be unlawful for any individual to harvest any fish immobilized by commercial electrofishing gear without possessing a Commercial Fisherman Registration License and Fish Dip Net License or a Commercial Electrofishing License. B. It shall be unlawful for any individual …

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 …

Any individual found guilty of violating any provision of this chapter may have his Commercial Electrofishing License revoked at any time upon review by the commission as provided for in § 28.2-232 of the Code of Virginia. Statutory Authority§ 28.2-201 of the Code of Virginia.

The purpose of this chapter is to conserve and protect Atlantic croaker stocks in Virginia waters and to be consistent with federal and interstate management measures.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: "Atlantic croaker" means any fish of the species Micropogonias undulatus. "Captain" means the person licensed by the U.S. Coast Guard to carry…

A. It shall be unlawful for any person fishing recreationally with any gear type to harvest or possess more than 50 Atlantic croaker per day. B. When fishing from a recreational vessel, the possession limit shall be equal to the number of persons on board who are legally eligible…

When intended for use as live bait for a charter or for-hire vessel, it shall be unlawful to possess more than 50 live Atlantic croaker for bait per day, multiplied by the customer capacity of the charter or for-hire vessel. 1. The customer capacity of the charter vessel shall no…

It shall be unlawful for any person fishing commercially with any gear type to harvest or land any Atlantic croaker before January 15 of the current calendar year.Statutory Authority§ 28.2-201 of the Code of Virginia.

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 conserve and protect spot stocks in Virginia waters and to be consistent with federal and interstate management measures.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: "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 …

A. It shall be unlawful for any person fishing recreationally with any gear type to harvest or possess more than 50 spot per day. B. When fishing from a recreational vessel, the possession limit shall be equal to the number of persons on board who are legally eligible to fish mul…

When intended for use as live bait for a charter or for-hire vessel, it shall be unlawful to possess more than 50 live spot for bait per day, multiplied by the customer capacity of the charter or for-hire vessel. 1. The customer capacity of the charter vessel shall not include an…

It shall be unlawful for any person fishing commercially with any gear type to harvest or land any spot before April 15 or after December 8 of the current calendar year.Statutory Authority§ 28.2-201 of the Code of Virginia.

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 regulation is to sustainably develop and manage shrimp fisheries in an ecologically conservative manner in the waters 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: "Agent" means an individual who possesses the Commercial Fisherman Registration License, fishing gear license, or fishing permit of any regist…

A. It shall be unlawful for any person fishing recreationally to take, attempt to take, catch, harvest, land, or possess shrimp by any gear or method not authorized for recreational use or without a recreational fishing license as described in §§ 28.2-302.1 and 28.2-226.1 of the …

A. It shall be unlawful for any person to harvest or possess shrimp for commercial purposes without possessing a valid Commercial Fisherman Registration License and any necessary gear licenses or permits as required by Title 28.2 of the Code of Virginia. B. It shall be unlawful f…

A. The maximum number of Commercial Shrimp Trawl Licenses issued in any fishing year shall be 26. B. An individual shall be eligible for a Commercial Shrimp Trawl License if they possess a valid Commercial Fishing Registration License and meet either of the following criteria: 1.…

A. Any shrimp trawl placed, set, or used for fishing in Virginia shall be constructed as follows: 1. With a beam or fixed frame opening no larger than five feet in height and 16 feet in width. 2. With a minimum net mesh of 1.5 inches and maximum net mesh of 2.0 inches stretched m…

A. It shall be unlawful for any Commercial Shrimp Trawl Licensee to harvest or land any Virginia quota managed species (Black Drum, Black Sea Bass, Bluefish, Atlantic Horseshoe Crab, Atlantic Menhaden, Scup, Speckled Sea Trout, Spiny and Smooth Dogfishes, Striped Bass, and Summer…

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 …

Any individual found guilty of violating any provision of this chapter may have his Commercial Shrimp Trawl License revoked at any time upon review by the commission as provided for in § 28.2-232 of the Code of Virginia. Statutory Authority§ 28.2-201 of the Code of Virginia.

The purpose of this chapter is to describe the lawful methods an individual shall use to identify his licensed crab pots, peeler pots, fish pots, or eel pots. Statutory Authority§ 28.2-201 of the Code of Virginia.

Any person owning or using an eel pot, for which a commercial license is prescribed by law, shall display that person's Marine Resources Commission identification number preceded by the letter "E" on each floating buoy or stake attached to each such eel pot in a legible and visib…

Any person owning or using a fish pot, for which a license is prescribed by law, shall display and maintain his current identification number, assigned by the Marine Resources Commission, preceded by the letter "F" on each floating buoy or stake attached to each such fish pot, in…

A. Any person placing, setting, or fishing crab pots in Virginia waters, for which a commercial license is prescribed by law, shall display that person's Marine Resources Commission identification number, preceded by the letter "C," on each floating buoy or stake attached to each…

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 protect the spawning stocks of red drum, maintain the target fishing mortality rate, and increase yield in the fishery. This chapter is designed to be consistent with federal and interstate management measures.Statutory Authority§ 28.2-201 of the…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Red drum" means any fish of the species Sciaenops ocellatus. "Snout" means the most forward projection from a fish's head that includes th…

A. It shall be unlawful for any person fishing recreationally with any gear type to take, catch, or possess any red drum less than 18 inches in total length or greater than 26 inches in total length. B. It shall be unlawful for any person fishing recreationally with any gear type…

A. It shall be unlawful for any person fishing commercially with any gear type to take, catch, or possess any red drum less than 18 inches in total length or greater than 25 inches in total length. B. It shall be unlawful for any person fishing commercially with any gear type to …

Pursuant to § 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 is…

The following words and terms when used in this chapter shall have the following meaning unless the context clearly indicates otherwise: "Aerial utility line" means a utility line suspended above a waterway by attachment to structures located in the uplands or wetlands in such a …