Virginia Administrative Code

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Atlantic tarpon" means any fish of the species Megalops atlanticus. "Bait" means any whole or part of any marine or aquatic organism, live or…

A. It shall be unlawful for any person fishing recreationally to possess Atlantic tarpon at any time. Any Atlantic tarpon caught must remain in the water. No Atlantic tarpon may be removed from the water at any time. B. It shall be unlawful for any person fishing recreationally t…

It shall be unlawful for any person to take, harvest, land, or possess Atlantic tarpon for commercial purposes, including being offered or intended for sale, barter, or trade, at any time. Any Atlantic tarpon caught by commercial gear shall be returned to the water immediately.St…

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 provide for the conservation of conchs and to minimize gear conflicts. 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…

It shall be unlawful to take conchs (also known as whelks) by dredge from any of the waters under the jurisdiction of the Commonwealth except during the seasons, from the areas, and in the manner described by this regulation. Statutory Authority§ 28.2-201 of the Code of Virginia.

A. Area Number 1 shall be that area where dredging for crabs is permitted by law and Marine Resources Commission, 4VAC20-90, and the season for this area shall be the same as that season established by § 28.2-707 of the Code of Virginia, as may be adjusted by the Marine Resources…

A. Dredging on Sunday is prohibited. B. For Area Number 1, dredges may be used only during the hours of one hour before sunrise to one hour after sunset, Monday through Saturday. C. There shall be no hourly restriction for Area Number 2, Area Number 3, Area Number 4, and Area Num…

A. For Area Number 1, Area Number 2, and Area Number 4, dredges shall be of a conventional type used for dredging of crabs. The use of hydraulic dredge in these areas is prohibited. B. For Area Number 3 and Area Number 5 there shall be no gear restriction. Statutory Authority§ 28…

A. It shall be unlawful to dredge for conchs without first having obtained a license therefor, except that when dredging for conchs in Area Number 1, persons holding the regular crab dredging license prescribed by § 28.2-702 of the Code of Virginia, need not have the conch dredgi…

In Area Number 2 and Area Number 4, only conchs and horseshoe crabs shall be taken, harvested or possessed. All other shellfish, crustaceans, finfish, and other marine life caught during dredging shall be returned immediately to the water. Possession of such for a time longer tha…

(Repealed.)

(Repealed.)

The purpose of this chapter is to prevent waste and provide for the conservation of fisheries resources by preventing ghost fishing by unattended nets. Statutory Authority§ 28.2-201 of the Code of Virginia.

It shall be unlawful for any person to set nets on a fixed fishing device and let said device or nets remain unfished. Statutory Authority§ 28.2-201 of the Code of Virginia.

A. If, upon visual observation, any marine police officer determines that a device or net, other than a staked gill net set west of the COLREGS Line and north of the North-Carolina-Virginia border and south of the Maryland-Virginia border, in Virginia waters, has not been fished …

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.)

The purpose of this chapter is to set forth the procedure that will be used for determining compliance with § 28.2-410 of the Code of Virginia. This section sets forth in part: "It is also unlawful for any person to use any purse net or other net having a stretched mesh of less t…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Bunt" means the section of the net where the fish are concentrated during pumping operations. "Cork line" means the line containing floats …

A. The nets shall be wet when measured. B. A measurement shall consist of the inside stretched distance of one mesh. C. Fifty individual measurements shall be taken from the net in a location other than the bunt, at least 10 meshes below the selvedge, and from meshes that are not…

The stretched mesh will be determined by computing the average of the 50 measurements which will yield the average stretched mesh measurement and this average shall be equal to or greater than 1-3/4 inches (44.45 millimeters). Statutory Authority§ 28.2-201 of the Code of Virginia…

As set forth in § 28.2-410 of the Code of Virginia, any person using any purse seine or other net having a stretched mesh of less than 1-3/4 inches to catch menhaden shall be guilty of a Class 1 misdemeanor. Statutory Authority§ 28.2-201 of the Code of Virginia.

The purposes of this chapter are to set forth the procedures pertaining to the licensing of fixed fishing devices and the priority rights of holders of fixed fishing device licenses, ensure the safety of persons fishing near pound nets and staked gill nets, and reduce entanglemen…

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Bottlenose Dolphin Pound Net Regulated Area" means all Virginia marine waters of the Atlantic Ocean within three nautical miles (5.56 km) of …

A. A fixed fishing device shall be perpendicular to the shoreline insofar as possible. B. In determining compliance with the requirements prescribing minimum distances between fixed fishing devices, measurement shall be made from the center line of each device. C. An applicant sh…

A. The prohibited fishing zone around any pound net shall consist of that area bounded by two straight lines, 125 feet from the left and right sides of the centerline of the pound net, which extend parallel with the longest axis of the net from the channelward end of the head of …

Except as may be otherwise provided herein, chronological order of receipt of applications shall be used to establish priority rights of any applicant to any fixed fishing device location. In those instances of simultaneous receipt, priority shall be determined by lottery. Statut…

A. Applications for renewal of license for existing fixed fishing devices may be accepted by the officer beginning at 9 a.m. on December 1 of the current license year through noon on January 10 of the next license year providing the applicant has met all requirements of law and t…

Applications for license for currently licensed fixed fishing device locations by persons other than the current licensee shall not be accepted by the officer during the year any current license is valid. Statutory Authority§ 28.2-201 of the Code of Virginia.

Application from any qualified applicant for any fixed fishing device at a vacant and unlicensed location may be accepted by the officer at any time during the year for which the license is intended, and only for the year during which the license is intended, except that any appl…

A. A current fixed fishing device license, and the rights to renew same, may be transferred by the present licensee provided all parties comply with the existing statutes and regulations. Any transferee takes the license subject to all of the duties of the transferor. B. Any righ…

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 with 12 months of a prior violation …

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

(Repealed.)

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

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

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

(Repealed.)

The purpose of this chapter is to provide for the long-term conservation of stocks of food fish in Virginia's tidal waters, and to assure that there is an appropriate balance of harvests for all user groups. Statutory Authority§ 28.2-201 of the Code of Virginia.

A. Any gill net, whether floating or submerged, that is not assigned a fixed location shall be set in a straight line. In enforcing this provision, Marine Patrol Officers shall take into consideration the effect of wind and tide on any net. Nothing in this subsection shall pertai…

A. 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 viola…

The purpose of this chapter is to conserve the surf clam resource in the waters of the Commonwealth and to ensure that the surf clam resource within the waters of the Commonwealth and within the jurisdiction of the federal government is managed as a unit stock under consistent ma…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Surf clam" means the species Spisula solidissima. "Cage" means a standard unit of measure presumed to hold 32 bushels of surf clams or ocea…

Any person, desiring to harvest surf clams from the waters under the jurisdiction of the Commonwealth shall first obtain a license from the Marine Resources Commission for each boat so engaged. Such license shall be for one calendar year. Statutory Authority§ 28.2-201 of the Code…

A. A minimum size limit for surf clams of 4¾ inches in length is imposed on all surf clams coming from the waters of the Commonwealth, and it shall be unlawful for any person to possess clams less than the minimum size provided, however, that: 1. Ten percent of all full cages in …