Virginia Administrative Code

The purpose of this chapter is to control the harvest, protect the spawning stocks, minimize the possibility of recruitment failure and increase yield in the amberjack and cobia fisheries. The provisions pertaining to aquaculture serve to prevent cobia raised in an aquaculture fa…

The following terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Amberjack" means any fish of the species Seriola dumerili. "Cobia" means any fish of the species Rachycentron canadum. "Mandatory Harvest Reporting Pro…

(Repealed.)

A. It shall be unlawful for any person fishing recreationally to possess more than one cobia at any time. When fishing from any recreational vessel where the entire catch is held in a common hold or container, the possession limit for the recreational vessel shall be equal to the…

A. It shall be unlawful for any person fishing commercially to possess more than two cobia at any time. When fishing from any vessel where the entire catch is held in a common hold or container, the possession limit for the vessel shall be equal to the number of valid commercial …

A. It shall be unlawful for any person to take, catch, or have in possession any amberjack less than 32 inches in total length. B. It shall be unlawful for any person fishing commercially to take, harvest, or possess any cobia less than 37 inches in total length. C. It shall be u…

(Repealed.)

It shall be unlawful for any person to operate a cobia 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, recei…

(Repealed.)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 violation…

In the past there have been numerous incidents of patent tongs used by clam fisherman disrupting electrical service to the George P. Coleman Memorial Bridge by severing or damaging submerged electrical cabling adjacent to the bridge. The purpose of this chapter is to prohibit dam…

A. It shall be unlawful for any person to operate a patent tong under any portion of the George P. Coleman Memorial Bridge. B. It shall be unlawful for any person to operate a patent tong within 300 feet of the eastern or downstream side of the George P. Coleman Memorial Bridge. …

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 purposes of this chapter are to rebuild the Virginia stocks of American Shad and to comply with the requirements for ocean intercept commercial fisheries as specified by the Interstate Fishery Management Plan for Shad and River Herring. Statutory Authority§ 28.2-201 of the Co…

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. "Bycatch area" means those tidal waters of (i) the James River, from the James River Bridge upstream to a line connecting Dancing Point and Ne…

(Repealed.)

A. It shall be unlawful for any person to catch and retain possession of American shad from the Chesapeake Bay, except as described in 4VAC20-530-31. B. It shall be unlawful for any person to possess aboard a vessel or land in Virginia any American shad harvested from the coastal…

A. It shall be unlawful for any person to take, catch, possess, or land any American shad in Virginia without first having obtained an American shad bycatch permit from the Marine Resources Commission. Permits shall be issued only to Virginia registered commercial fishermen meeti…

(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…

The purpose of this chapter is to prevent the overfishing of the Spanish mackerel and king mackerel stocks found in Virginia waters and along the Atlantic Coast. This chapter supports the goals and objectives of federal and interstate management measures for Spanish and king mack…

The following words and terms, when used in the chapter, shall have the following meaning unless the context clearly indicates otherwise. "Snout" means the most forward projection from a fish's head that includes the upper and lower jaw. "Total length" means the length of a fish …

A. It shall be unlawful for any person fishing with hook-and-line, hand line, rod and reel, spear, gig, or other recreational gear to possess more than 15 Spanish mackerel or more than three king mackerel. B. When fishing from a boat or vessel where the entire catch is held in a …

A. Minimum size limit for Spanish mackerel is established at 14 inches in total length. B. Minimum size limit for king mackerel is established at 27 inches in total length. C. It shall be unlawful for any person to take, catch, or possess any Spanish mackerel less than 14 inches …

A. It shall be unlawful for any person to possess or land in Virginia any amount of Spanish mackerel in excess of 3,500 pounds from any vessel in any one day, except as specified in subsection B of this section. B. When a commercial closure in federal waters for the Northern Zone…

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 ensure that gill nets and other nonfixed finfishing gear are properly fished and to establish procedures for the removal of those nets which are abandoned or improperly fished. Statutory Authority§ 28.2-201 of the Code of Virginia.

A. It shall be unlawful for any person to set any gill net or nonfixed finfishing device and let said net or device remain unfished. B. If, upon visual observation, any Marine Patrol Officer determines on reasonable evidence that any gill net or nonfixed finfishing device has not…

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 and promote the hard clam resource within the designated areas of the York River, Poquoson River, Back River and James River. Statutory Authority§§ 28.2-201 and 28.2-503 of the Code of Virginia.

A. The Poquoson River Shellfish Management Area shall consist of all public grounds bounded by a line beginning at Hunts Point Survey Taylor and running northwesterly to Survey Station Spit; thence northeasterly to Survey Station Cabin North; thence east to Survey Station Cabin S…

Each boat or vessel engaged in the harvesting of clams by patent tong from the Poquoson River Shellfish Management Area or the Back River Shellfish Management Area shall first obtain a permit specific to the management area to be worked from any marine police officer, and this pe…

A. The lawful season for the harvest of clams by patent tong from the Poquoson River Shellfish Management Area shall be March 15 through May 1. B. The lawful season for the harvest of clams by patent tong from the Back River Shellfish Management Area shall be January 1 through Ma…

A. It shall be unlawful for any person to harvest clams by patent tong from the Poquoson River Shellfish Management Area before sunrise or after 2 p.m. B. It shall be unlawful for any person to harvest clams by patent tong from the Back River Shellfish Management Area before sunr…

It shall be unlawful for any person to lease any area of the Newport News Shellfish Management Area.Statutory Authority§ 28.2-201 of the Code of Virginia.

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 provisions of this regulation are in response to increased abundance of hard clams in the Hampton Flats Hard Clam Harvest Area and increased harvest pressure on the hard clam resource by patent tongs in clean clam areas in the months of August and September. Statutory Authori…

The Hampton Flats Hard Clam Harvest Area shall consist of all tidal waters within a line beginning at the Newport News Boat Harbor inshore at the VMRC operations building; thence continuing southeasterly to buoy R "22", thence following the buoy line to the north side of the Expl…

A. The open harvest season for the Hampton Flats Hard Clam Harvest Area, as specified by § 28.2-816 of the Code of Virginia, shall be extended from Thursday, August 16, 2001, through Friday, September 28, 2001. Harvest of hard clams in the Hampton Flats Hard Clam Harvest Area sha…

A. It shall be unlawful for any person to possess any hard clam which can be passed through a 1-3/8-inch inside diameter culling ring. B. For the possession limit described in subsection A of this section, there shall be a 2.0% tolerance of hard clams, by number, in each bag or c…

A. As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this regulation shall be guilty of a Class 3 misdemeanor, and a second, or subsequent violation of any provision of this regulation committed by the same person within 12 months of a prio…

The provisions of this regulation are in response to increased pressure on the hard clam resource by patent tongs in clean clam areas during the month of August. Statutory Authority§§ 28.2-201 and 28.2-816 of the Code of Virginia.

The Hampton Roads Shellfish Relay Area shall consist of all condemned clamming grounds bounded by a line beginning at the upstream side of the large fishing pier on the southeast side of Old Point Comfort; thence upstream along the shoreline to Newport News Creek; thence to the s…

A. The open harvest season for the Hampton Roads Shellfish Relay Area, as specified by § 28.2-816 of the Code of Virginia, shall be extended through September 30. Harvest of hard clams in the Hampton Roads Shellfish Relay Area shall only occur on Mondays through Fridays during th…

A. It shall be unlawful for any person to possess any hard clam that can be passed through a 1-3/8-inch inside diameter culling ring. B. For the possession limit described in subsection A of this section, there shall be a 2.0% tolerance of hard clams, by number, in each bag or co…

A. As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this regulation shall be guilty of a Class 3 misdemeanor, and a second, or subsequent violation of any provision of this regulation committed by the same person within 12 months of a prio…