Virginia Administrative Code

The purpose of this chapter is to enhance compliance with minimum size limits, catch limits, and quotas. Statutory Authority§ 28.2-201 of the Code of Virginia.

A. It shall be unlawful for any person to alter any finfish, or to possess altered finfish, aboard any boat or vessel, or on a public fishing pier (except at the fish cleaning station of the pier), such that the species of the fish cannot be determined. B. It shall be unlawful fo…

A. For finfish regulated by a minimum or maximum size limit, filleting at sea will be allowed if the carcass is retained to ensure proper species identification and compliance with size limitations. B. For finfish regulated by a minimum size, cleaning and/or filleting at sea will…

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 prohibit clammers who possess permits to harvest relay clams from working in clean waters, without first obtaining authorization from Marine Resources Commission law enforcement. The possibility of mixing relay clams with clean clams will therefo…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Chowder clam" means any hard clam that cannot pass through a 2-7/8 inch inside diameter culling ring. "Operations Office" means Marine Reso…

A. During the relay season, it shall be unlawful for any person possessing a permit for relay clam harvest as required by § 28.2-810 of the Code of Virginia, to harvest clams from clean waters without first obtaining authorization from the Operations Office. B. Any clammer who ha…

A. It shall be unlawful to possess any amount of hard clams taken from restricted areas which consists of more than 10% chowder clams by number. The 10% allowance shall be measured by the Marine Patrol Officer from each container or pile of clams. B. All clams in any container or…

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 regulation is to provide for effective enforcement of the licensing requirements of the Code of Virginia and any regulations requiring licenses. Statutory Authority§ 28.2-201 of the Code of Virginia.

A. Any person required to have a license or required to license a boat or a device for the purpose of taking or catching finfish or crabs shall have such license available for inspection during fishing and shall exhibit it whenever requested by any marine patrol officer. B. If th…

A. Failure to exhibit the license upon demand of any marine patrol officer, or failure to display the license plate as required, shall be prima facie evidence that such person is fishing without a license. B. As set forth in § 28.2-225 of the Code of Virginia, any person fishing …

The purpose of this chapter is to limit the number of pound net licenses to the number of pound net licenses sold on or after January 1, 1994, and through August 5, 1994. This chapter is part of recent restrictions adopted by the Marine Resources Commission in order to reduce the…

The following word and term, when used in this chapter, shall have the following meaning unless the context clearly indicates otherwise. "Pound net" means a stationary or fixed fishing device consisting of several stakes or poles which have been pushed or pumped into the bottom a…

A. Except as provided in 4VAC20-600-40, the total number of pound net licenses issued for any calendar year shall be limited to the number of pound net licenses sold on or before August 5, 1994, for calendar year 1994. No additional pound net licenses shall be sold for any calend…

Licenses issued for pound nets to be set in the following areas shall not be limited in number: 1. In the James River, upstream of a line connecting Scotland Wharf with Jamestown Wharf. 2. In the Mattaponi and Pamunkey Rivers, upstream of the Route 33 bridges at West Point. 3. In…

As provided 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 establish the procedures for the registration of commercial fishermen and the manner and form of mandatory harvest reports from fishermen and others. 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. For the purposes of collecting oyster fisheries statistics from the Virginia aquaculture industry, as authorized by § 28.2-204 of the Code of Virginia and in accordance with § 28.2-613 of the Code of Virginia, which describes conditions that determine the duration of a lease, …

A. For the purposes of collecting clam fisheries statistics from the Virginia aquaculture industry, as authorized by § 28.2-204 of the Code of Virginia and in accordance with § 28.2-613 of the Code of Virginia, which describes conditions that determine the duration of a lease, an…

A. In accordance with § 28.2-241 C of the Code of Virginia, only persons who hold a valid Commercial Fisherman Registration License may sell, trade, or barter their harvest, or give their harvest to another, in order that it may be sold, traded, or bartered. Only these licensees …

A. An applicant may renew his Commercial Fisherman Registration License by registering during the months of December through April as commercial fishermen as follows: 1. The applicant shall complete an application for a Commercial Fisherman Registration License. 2. The applicant …

(Repealed.)

A. It shall be unlawful for any valid commercial fisherman registration licensee, seafood landing licensee, oyster aquaculture product owner permittee, or clam aquaculture product owner permittee to fail to fully report harvests and related information as set forth in this chapte…

A. Any initial violation of 4VAC20-610-60 by any registered commercial fisherman, oyster aquaculture product owner permittee, clam aquaculture product owner permittee, or seafood landing licensee shall be subject to penalties as described in subdivisions 1 through 4 of this subse…

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 manage commercial and recreational fishing mortality in order to maintain healthy stocks of summer flounder and to establish a license for commercial fishing vessels to land summer flounder in Virginia. Statutory Authority§ 28.2-201 of the Code o…

The following words and terms when used in this chapter shall have the following meanings unless the context indicates otherwise: "Chesapeake Bay and its tributaries" means all tidal waters of Virginia, excluding the Potomac River tributaries and the coastal area as defined in th…

A. During each calendar year, allowable commercial landings of summer flounder shall be limited to a quota in total pounds calculated pursuant to the joint Mid-Atlantic Fishery Management Council/Atlantic States Marine Fisheries Commission Summer Flounder Fishery Management Plan.…

A. It shall be unlawful for any person harvesting summer flounder outside of Virginia's waters to do any of the following, except as described in subsections B, C, and D of this section: 1. Possess aboard any vessel in Virginia waters any amount of summer flounder in excess of 10…

A. It shall be unlawful for any boat or vessel to land summer flounder in Virginia, for commercial purposes, without first obtaining a Seafood Landing License as described in 4VAC20-920-30 and a Summer Flounder Endorsement License or possessing a Restricted Summer Flounder Endors…

Any licensed fisherman who provides to the commissioner an opinion and supporting documentation from an attending physician of an existing medical condition, proof of active military service, documentation that indicates substantial vessel damage, or other significant extenuating…

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

A. The minimum size for summer flounder harvested by commercial fishing gear shall be 14 inches in total length. B. The minimum size of summer flounder harvested by recreational fishing gear, including hook and line, rod and reel, spear, and gig, shall be 16 inches in total lengt…

A. It shall be unlawful for any person fishing in any tidal waters of Virginia, except the Potomac River tributaries, with recreational hook and line, rod and reel, spear, gig or other recreational gear to possess more than four summer flounder. When fishing is from a boat or ves…

A. The recreational fishing season for any tidal waters of Virginia, except the Potomac River tributaries, shall be open year-round. B. The recreational fishing season for the Potomac River tributaries shall be the same as established by the Potomac River Fisheries Commission for…

(Repealed.)

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 protect and promote the oyster resources within the designated sanctuary areas and to protect oyster replenishment efforts. Statutory Authority§ 28.2-201 of the Code of Virginia.

The following oyster sanctuary areas are established: 1. The Wreck Shoals-James River Oyster Sanctuary Area - Consisting of all public oyster grounds, with a boundary defined as: beginning at James River Channel Marker 6; thence westerly to James River Channel Marker 10A; thence …

A. All Oyster Sanctuary Areas shall be closed to the harvest of oysters, except that Seaside of the Eastern Shore Oyster Sanctuary Areas shall be closed to the harvest of all shellfish. Any person harvesting oysters or shellfish from the specified areas shall be guilty of a viola…

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 establish licenses for the recreational and personal use of certain fishing and crabbing gear. Limits are established on the amount of gear which may be used and the amount of catch which may be taken. Gear identification requirements and harvest…

"Saltwater-freshwater boundary" means those lines on the James, York and Rappahannock rivers, specified as follows: 1. For the James River and its tributaries: a line connecting Hog Point and the downstream point of the mouth of College Creek; 2. For the York River and its tribut…

A. Any person desiring to take or catch finfish or shellfish for recreational purposes in the tidal waters of Virginia using commercial gear authorized under § 28.2-226.1 of the Code of Virginia shall first obtain the license for the appropriate gear. B. Any license to use fishin…

It shall be unlawful for any person licensed to use recreational crab pots, recreational crab trap, or recreational ordinary crab trotline, as described in 4VAC20-670-20, to take or possess more than one bushel of hard crabs and two dozen peeler crabs, in any one day, for persona…