Virginia Administrative Code

A. It shall be unlawful for any person fishing with commercial hook-and-line to land or possess any grey trout less than 12 inches in total length. B. It shall be unlawful for any person fishing with commercial hook-and-line to exceed the vessel possession limit for grey trout of…

A. It shall be unlawful for any person using any gear type other than pound net, gill net, trawl, haul seine, or commercial hook-and-line to land or possess any grey trout less than nine inches in total length. B. It shall be unlawful for any person fishing with any gear type oth…

(Repealed.)

(Repealed.)

A. It shall be unlawful for any person fishing recreationally with hook and line, rod and reel or hand line to possess more than one grey trout and the minimum size limit shall be 12 inches in total length. B. The recreational vessel possession limit shall be equal to the number …

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 following words, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Ad hoc in-lieu fees" means the payment of funds to a participating locality for the restoration, establishment, enhancement, or, in certain circumsta…

Virginia, as a Chesapeake Bay Program partner, has committed to achieving a no-net loss of existing wetlands acreage and function in regulatory programs. In addition, the Virginia Coastal Resilience Master Plan recognizes the importance of tidal wetlands as natural flood buffers.…

A. It shall remain the policy of the Commonwealth to avoid, minimize, and then compensate for impacts to wetlands and the adverse ecological effects of all permitted activities. The primary aim is to preserve the wetlands as much as possible in their natural state and to consider…

(Repealed.)

A. When a permit is issued for the use, development of, or activities in wetlands, the permit shall where appropriate require the provision of compensatory mitigation. B. If compensatory mitigation is required, the permit must specify the appropriate mitigation option and amount …

Compensatory mitigation requirements may be met by payment of an ad hoc in-lieu fee only in exceptional circumstances where federal regulators do not require compensatory mitigation and the applicant demonstrates that other forms of compensatory mitigation are not available. The …

The purpose of this chapter is to provide a general permit for activities in or on state-owned subaqueous beds whereby property owners, project sponsors under the EWP program, and agencies or organizations under the approval of a property owner adjacent to nontidal waterways are …

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise: "Bioengineered" means an applied science that combines structural, biological, and ecological concepts to construct living structures for ero…

A. Prior to the enactment of § 28.2-1207 C, the Code of Virginia provided no mechanism for the emergency authorization of projects requiring permits from the Marine Resources Commission that are designed to protect public or private property or safeguard public health and safety …

A. The commissioner or his designee, Chief, Habitat Management Division, will oversee administration of the provisions of the general permit. B. To qualify for this general permit the permittee must notify the commissioner or his designee and provide the following information in …

This regulation establishes the guidelines governing voluntary ballast water management practices to be followed by the operators of commercial vessels in Virginia waters. It also sets forth the requirements and procedures for the distribution and filing of ballast water control …

The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise: "Ballast tank" means any tank or hold that carries ballast water regardless of design. "Ballast water" means any water or matter taken on b…

A. Masters, owners, operators, or persons-in-charge of vessels equipped with ballast water tanks that operate in Virginia's territorial waters are requested to take the following voluntary precautions to minimize the uptake and release of harmful aquatic organisms, pathogens, and…

A. The operator, or a ship agent on behalf of the operator, of a commercial vessel that enters into Virginia's territorial waters shall file a Ballast Water Control Report form with the commission. 1. Within 72 hours of the completion of the discharge of ballast water if the comm…

The operator, or ship agent of an operator, shall not be required to file a Ballast Water Control Report form if: 1. The commercial vessel's point of origin is located from within the United States EEZ; 2. The commercial vessel is engaged in innocent transit; or 3. The vessel is …

A. The Ballast Water Control Report adopted by the commission is consistent with the form adopted by the United States Coast Guard and set forth in 33 CFR Part 151, Subpart D, Appendix. B. The Ballast Water Control Report form and instructions may be obtained in an electronic for…

A. Unless specifically exempted from this regulation, the master, owner, operator, or person in charge of a vessel carrying ballast water into Virginia waters, after having operated outside the EEZ, shall keep records in written form that include the following information: 1. Ves…

A. Any operator of a commercial vessel who knowingly fails to file a Ballast Water Control Report form with the commission within the applicable time period set forth in this regulation, or who knowingly makes any false statement in a Ballast Water Control Report form submitted t…

(Repealed.)

(Repealed.)

(Repealed.)

(Repealed.)

A. The objective is to assure that all suitable dredged material is utilized on eroding beach shorelines to the maximum extent practicable. B. In considering dredging permit applications, the commission will endeavor to: 1. Support § 10.1-704 of the Code of Virginia which provide…

The purpose of this chapter is to develop manageable criteria and threshold levels for use by commission staff in determining which projects justify a requirement for the expenditure of funds by an applicant for sediment tests as well as investigation of legal, environmental and …

The commission will strive to achieve maximum beneficial uses of suitable dredged material for those projects which qualify under criteria established here while protecting the interests of the Commonwealth in the land and the resources lying channelward of the mean low water sho…

Increasing interest in the beneficial uses of dredged material dictates a more structured approach to the processing of dredging permit applications. Parameters to be considered in attempting to utilize suitable material for beach nourishment are frequently economic, legal, polit…

A. Sufficient borings must be made and analyzed to develop a clear picture of the vertical and horizontal limit of sand deposits in the dredging area. Such borings are the responsibility of the dredging applicant. B. Shoreline investigations at the nourishment site shall determin…

The purpose of this chapter is to conserve and protect the public oyster grounds in the James River. Statutory Authority§ 28.2-201 of the Code of Virginia.

This chapter shall include all of the public oyster grounds in the James River upstream of the James River bridge. Statutory Authority§ 28.2-201 of the Code of Virginia.

It shall be unlawful for any person to use or operate patent tongs in any manner on any public oyster grounds in the James River upstream of the James River bridge. 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…

(Repealed.)

(Repealed.)

(Repealed.)

The purpose of this chapter is to minimize gear conflicts between gill net fishermen and conflicts with recreational boaters caused by poor visibility of gill nets, conserve stocks of fish by establishing a minimum mesh size for gill nets, and conserve and protect sea turtles and…

The following words and terms when used in this chapter shall have the following meaning unless the context clearly indicates otherwise: "COLREGS Line" means the COLREGS Demarcation Lines, as specified in Coastal Pilot, 35th and 36th editions by Lighthouse Press. "River herring" …

Except as provided in 4VAC20-430-40, 4VAC20-430-45, and 4VAC20-430-50, it shall be unlawful for any person to place, set or fish any gill net, except when licensed as a fixed fishing device, that is not marked in the following manner: 1. One end of each gill net shall be marked b…

A staked gill net is a licensed fixed fishing device that is assigned a fixed location. It shall be unlawful for any person to hang any staked gill net on its poles, to drop such net into the fishing position or to fish such net that is not marked in the following manner: 1. Both…

During the period December 1 through March 15, it shall be unlawful for any person to place, set or fish any gill net, used for the taking of white perch or striped bass in the areas designated below, that is not marked as described by either 4VAC20-430-20 or 4VAC20-430-30, or in…

It shall be unlawful for any person to place, set or fish any anchored gill net up to 110 feet in length and licensed for recreational purposes upstream of the designated boundary lines listed below that is not marked in the following manner: 1. Both ends of each gill net shall b…

During the period February 15 through May 31, inclusive, it shall be unlawful for any person to place, set, or fish any drift gill net, in the areas designated below, that is not marked in the following manner: 1. Both end-marker buoys and all floats or buoys between the ends sha…