Virginia Administrative Code

It shall be unlawful for any person to place, set or fish a crab pot or to harvest hard crabs by any gear in the following area: (all latitudes and longitudes are based on North American Datum, 83 (1993)) beginning near the northernmost point of Fishbone Island, at 37° 53' 10.451…

From August 1 through October 31, there shall be a limited daily bycatch allowance of up to three bushels of female hard crabs for valid peeler scrape licensees. 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 set forth the procedures for public notice and review of applications to establish a pound net at a new location. Statutory Authority§ 28.2-201 of the Code of Virginia.

A. The owner of any pound net making application to the commission to license that pound net at a new location shall advertise in the form of a public notice the proposed new location of the pound net and the applicant's name and address. The proposed location of the pound net sh…

A. A public comment period shall extend for 30 days from the date of advertisement of the public notice. During the comment period any interested citizen may offer written comment to the commission. B. The receipt by the commissioner of any protest during the public comment perio…

As set forth in § 28.2-903 of the Code of Virginia, any person violating any provisions 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 violati…

(Repealed.)

(Repealed.)

The purpose of this chapter is to provide for the continued sustained yield from the recovered striped bass stocks in Virginia and to limit the growth of the number of commercial participants in this fishery. The provisions pertaining to aquaculture serve to prevent the escape of…

A. The open season for the Potomac River tributaries summer/fall striped bass recreational fishery shall correspond to the open summer/fall season as established by the Potomac River Fisheries Commission for the mainstem Potomac River and shall be May 16 through July 6 and August…

A. The open seasons for the coastal area striped bass recreational fishery shall be January 1 through March 31 and May 16 through December 31, inclusive. B. The minimum size limit shall be 28 inches total length. C. The maximum size limit shall be 31 inches total length. D. The d…

Statutory Authority§§ 28.2-201 and 28.2-204.1 of the Code of Virginia.

A. It shall be unlawful for any person to engage in the commercial fishery for striped bass without first having the necessary commercial fisherman's registration license and appropriate gear license as required by Title 28.2 of the Code of Virginia and the special permit to fish…

A. There is established a special permit for engaging in either the Chesapeake Bay area commercial fishery for striped bass or the coastal area commercial fishery for striped bass. It shall be unlawful for any person to engage in either commercial fishery for striped bass without…

A. Any registered commercial fisherman who is harvesting striped bass from the coastal area in accordance with 4VAC20-252-130 A and C and sets or fishes any gill net in the coastal area shall be prohibited from using a gill net mesh size greater than nine inches in stretched mesh…

Except as may be adjusted pursuant to 4VAC20-252-150, the open commercial striped bass fishing seasons, areas, and applicable size limits shall be as follows: 1. In the Chesapeake Bay area, the open commercial season shall be from January 16 through December 31, inclusive. The mi…

A. The commercial harvest quota for the Chesapeake Bay area shall be determined annually by the Marine Resources Commission in compliance with the Atlantic States Marine Fisheries Commission. The total allowable level of all commercial harvest of striped bass from the Chesapeake …

A. Any initial overage by any person of an individual commercial harvest quota during any calendar year shall be considered a first offense, with penalties prescribed according to the severity of the overage as described in subdivisions 1 through 5 of this subsection. 1. Any over…

A. For each person permitted under the provisions of 4VAC20-252-130 to harvest striped bass commercially, a weight quota shall be issued to permitted fishermen in amounts equal to the percentage share of the Chesapeake Bay area and coastal area striped bass harvest quota they hol…

It shall be unlawful for any person to operate a striped bass aquaculture facility without first obtaining a permit from the Marine Resources Commission (commission). This permit shall authorize and define the limits of activities concerning the purchase, possession, sale, giving…

(Repealed.)

(Repealed.)

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Bait" means any whole or part of any marine or aquatic organism, live or dead. "Chesapeake Bay area" means the commercial fishing area that i…

(Repealed.)

(Repealed.)

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…

A. Any person failing to submit any report required by this chapter shall be denied any striped bass permit for the following year. B. It shall be unlawful for any person with a pending violation of this chapter or found guilty of violating any provision of this chapter to receiv…

A. It shall be unlawful for any person while aboard any boat or vessel or while fishing from shore or pier to alter any striped bass or to possess any altered striped bass such that its total length cannot be determined. B. It shall be unlawful for any person to gaff or attempt t…

Any provision of this chapter that is held invalid by a court of competent jurisdiction shall not affect the validity of other provisions of this chapter which can be given effect without the invalid provision. Statutory Authority§ 28.2-201 of the Code of Virginia.

A. It shall be unlawful for any person fishing recreationally to take, catch, or attempt to take or catch any striped bass by any gear or method other than hook-and-line, rod and reel, hand line, or spearing. B. Any person fishing recreationally shall use non-offset, corrodible, …

(Repealed.)

(Repealed.)

(Repealed.)

A. The open season for the Chesapeake Bay and its tributaries spring/summer striped bass recreational fishery shall be May 16 through June 15, inclusive. B. The minimum size limit shall be 19 inches total length. C. The maximum size limit shall be 24 inches total length. D. The d…

(Repealed.)

A. The open season for the Chesapeake Bay and its tributaries fall striped bass recreational fishery shall be October 4 through December 31, inclusive. B. The minimum size limit shall be 19 inches total length. C. The maximum size limit shall be 24 inches total length. D. The dai…

The purpose of this chapter is to establish clean cull and seed areas, culling requirements, minimum cull size, and inspection procedures that will provide protection for the public oyster beds, rocks, and shoals in Virginia's tidal waters.Statutory Authority§ 28.2-201 of the Cod…

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Basket" means a circular plastic mesh container of 2,566 cubic inches, with a top inside diameter of 17 inches, bottom inside diameter of 13.…

A. Seed areas. The following natural public oyster beds, rocks, or shoals are designated for the harvest of seed oysters: 1. "James River Seed Area" means all public grounds and unassigned grounds in that area of the James River and its tributaries with a southeastern boundary be…

A. It shall be unlawful for any person to take any oysters that measure less than three inches in length from clean cull areas. B. In the James River seed areas, there shall be no size limit on oysters harvested for replanting, but it shall be unlawful for any person to market an…

(Repealed.)

A. In the clean cull areas, if more than a four-quart measure of any combined quantity of oysters less than three inches and shells of any size are found in any basket inspected by any police officer, it shall constitute a violation of this chapter, except as described in 4VAC20-…

A. All oysters taken from natural public beds, rocks, or shoals shall be placed on the culling board or in only one basket upon the culling board and culled by hand at the location of harvest. 1. Culled oysters shall be transferred immediately from the culling board to the inside…

A. As set forth in §§ 28.2-510 and 28.2-511 of the Code of Virginia, any person, firm, or corporation violating any provision of this chapter except 4VAC20-260-50 D shall be guilty of a Class 3 misdemeanor. B. As set forth in § 28.2-526 of the Code of Virginia, any person violati…

The purpose of this chapter is to allow for the conservation and rebuilding of the crab resource and to improve the enforceability of other laws pertaining to crabbing. Statutory Authority§ 28.2-201 of the Code of Virginia.

The following word or term when used in this chapter shall have the following meaning unless the context indicates otherwise: "Crab" as described in this chapter refers solely to the crustacean Callinectes sapidus. Statutory Authority§ 28.2-201 of the Code of Virginia.