Virginia Administrative Code

In the enforcement of this chapter the Marine Patrol Officer shall consider the following: 1. If only one end or buoy of a gill net is found to be marked as required by this chapter, then a warning shall be issued by a Marine Patrol Officer, and the net owner shall have 24 hours …

A. As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter, other than 4VAC20-430-60 C, shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter, other than 4VAC20-430-60 C, comm…

A. Introduction. 1. Definitions. For the purpose of this chapter, the definitions contained within § 62.1-13.22 of the Code of Virginia apply. In addition, the following words and terms when used in this chapter, shall have the following meanings unless the context clearly indica…

The purposes of this chapter are to manage the recreational harvest of bluefish and to establish a commercial quota system for Virginia bluefish landings, in cooperation with the Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission, to preve…

The following words or terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Bluefish" means any fish of the species Pomatomus saltatrix. "Captain" means the person licensed by the U.S. Coast Guard to carry passengers f…

It shall be unlawful for any person fishing recreationally to harvest or possess more than five bluefish. Any bluefish taken after the possession limit has been reached shall be returned to the water immediately. When fishing from a boat or vessel where the entire catch is held i…

A. The commercial landings of bluefish shall be limited to the annual quota pursuant to the joint Mid-Atlantic Fishery Management Council/Atlantic States Marine Fisheries Commission Bluefish Fishery Management Plan, except as specified in subsection B of this section. B. If a quo…

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 comply with the requirements of § 28.2-701 of the Code of Virginia by establishing chapters that govern the use, placement, and maintenance of crab traps and pounds; to promote conservation of the blue crab resource; and to maintain navigable wat…

A. Application for crab trap or crab pound licenses, to be issued pursuant to § 28.2-701 of the Code of Virginia, shall state the exact location of each crab trap or crab pound. If application is made for a license for more than one crab trap or crab pound, the application may em…

The licensee of any location for a crab trap or crab pound that was actually fished or crabbed by the licensee during the preceding year shall have a priority right over all other applicants to license the same location for the current license year, provided such licensee remains…

It shall be unlawful to place, set, or use crab traps or crab pounds within 100 yards of any other crab trap or crab pound without respect to whether or not the other crab trap or pound is owned by the same or some other person. Statutory Authority§§ 28.2-201 and 28.2-701 of the …

It shall be unlawful to establish the crab head or retention box prior to the legal start date, but all other associated gear may be established at the licensed location two weeks prior to the legal start date of the season for this gear type.Statutory Authority§§ 28.2-201 and 28…

A. Every owner or user of a crab trap or crab pound shall completely remove traps, leads, wire, poles, and all other related gear from the water not later than December 31 of each year, except that they may leave two poles at each crab trap or crab pound site to facilitate reloca…

It shall be unlawful to use a crab trap or crab pound with a head or retention box with a mesh size of less than one inch. Statutory Authority§§ 28.2-201 and 28.2-701 of the Code of Virginia.

It shall be unlawful for any person to place, set or use any peeler of crab trap or pound that does not contain at least four unobstructed cull rings or at least 1-1/2 inches inside diameter. Two such rings shall be located under water at all times in the lower portion of each si…

A. As set forth in § 28.2-701 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor. B. No licenses for crab traps or crab pounds for a subsequent year shall be issued to any person failing to accomplish such removal …

The purpose of this chapter is to reduce conflict between charter boats, recreational fishermen and gill net fishermen in the Hampton Roads area. Statutory Authority§ 28.2-201 of the Code of Virginia.

The Hampton Roads Management Area is established as that area defined as follows: Beginning at the mean low water line of Newport News Point at its intersection with the northbound lanes of I-664; thence following the mean low water line of Hampton Roads and its tributaries and C…

From the Friday immediately preceding Memorial Day to Labor Day, both days inclusive, and during the hours of 7 a.m. to 5 p.m., it shall be unlawful for any person to place, set, or fish any gill net, including licensed staked gill nets within the Hampton Roads Management Area. S…

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 this chapter committed by the same person within 12 months of a prior violation is a Class 1 mi…

The purpose of this chapter is to minimize gear conflicts existing between gill net fishermen and hook and line fishermen in the mouths of four Eastern Shore Bayside Creeks. Statutory Authority§ 28.2-201 of the Code of Virginia.

During the period June 1 to October 31, inclusive, it shall be unlawful for any person to place, set or fish any gill net, including licensed fixed fishing devices, in the management areas defined below. 1. The Gulf. Beginning at mean low water at the northernmost point of Smith …

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 this chapter committed by the same person within 12 months of a prior violation is a Class 1 mi…

The purpose of this chapter is to ensure the conservation of shark resources by preventing overfishing by commercial and recreational fisheries and to control the practice of finning. 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 person who possesses the Commercial Fisherman Registration License, fishing gear license, or fishing permit of a registered …

A. It shall be unlawful for any person to place, set, or fish any longline in Virginia's tidal waters. B. It shall be unlawful for any person to place, set, or fish any shark shortline in Virginia's tidal waters with more than 50 hooks. All hooks must be corrodible circle hooks. …

(Repealed.)

A. Recreational fishing vessels are allowed a maximum possession limit of one recreationally permitted shark, excluding smooth dogfish, per trip, regardless of the number of people on board the vessel. In addition, each recreational vessel angler may possess one bonnethead and on…

A. Beginning January 1 of any given year it shall be unlawful for any person to possess on board a vessel or to land in Virginia more than a combined total of 36 commercially permitted aggregated large coastal sharks and commercially permitted hammerhead sharks in one 24-hour per…

A. The fishing year for spiny dogfish shall be from May 1 of the current calendar year through April 30 of the following calendar year. For the fishing year, the commercial spiny dogfish landings quota shall be limited to annual quota except as specified in subsection B of this s…

At such time the status of shark stocks or their fisheries warrant the establishment of a limited access program for participation in the commercial fishery for sharks, a control rule may be enacted that limits participation in the commercial fisheries for sharks to those individ…

A. It shall be unlawful for any person to take, catch, possess, or land any spiny dogfish without first having obtained a spiny dogfish limited entry fishery permit from the Marine Resources Commission. Such permit shall be completed in full by the permittee who shall keep a copy…

(Repealed.)

When it has been projected and announced by the Marine Resources Commission that 80% of the Virginia spiny dogfish quota has been landed, each Virginia seafood buyer shall call the Marine Resources Commission's interactive voice recording system on a daily basis to report the exa…

The Marine Resources Commission hereby establishes April 30, 2011, as the control date for management of all spiny dogfish licenses and fisheries in Virginia. The harvest of any spiny dogfish or the participation by any individual in any spiny dogfish fishery after the control da…

A. During each calendar year, total allowable commercial landings of smooth dogfish shall be limited to a quota in dressed weight calculated pursuant to the Interstate Coastal Sharks Fishery Management Plan. B. It shall be unlawful for any person to take, harvest, or possess aboa…

It shall be unlawful for any person to engage in finning. Statutory Authority§ 28.2-201 of the Code of Virginia.

(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…

(Repealed.)

The purpose of this chapter is to provide for appropriate conservation of eels, to reduce the possibility of growth overfishing, and to prevent waste of small eels. 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. "Eel" or "eels," as described in this chapter, means the eel species Anguilla rostrata. "Elver" means any eel of less than six inches in total…

4VAC20-180-10 is rescinded, and its provisions are amended and readopted in 4VAC20-500-40 of this chapter. Statutory Authority§ 28.2-201 of the Code of Virginia.

It shall be unlawful for any individual to take, catch, possess, or land any eels less than nine inches in total length. Statutory Authority§ 28.2-201 of the Code of Virginia.

It shall be unlawful for any individual to possess elvers; provided however, that elvers may be taken (i) for research only by duly appointed representatives of any institution of higher education in Virginia and by other parties when specifically authorized in writing by the Com…

A. It shall be unlawful for any individual to harvest, take, catch, possess, or land any eels from September 1 through December 31 from any commercial gear, except from pots and traps. B. It shall be unlawful for any individual legally licensed as a commercial seafood buyer to pu…