Virginia Administrative Code

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 purpose of this chapter is to preserve public safety and reduce conflicts between gill net fishermen and others in this area. Statutory Authority§ 28.2-201 of the Code of Virginia.

VR 450-01-0092 is rescinded, and its provisions are reenacted in 4VAC20-680-30 of this chapter. Statutory Authority§ 28.2-201 of the Code of Virginia.

From May 15 through September 15 of each year, it shall be unlawful for any person to place, set, or fish any gill net within 400 feet of the shoreline in the area bounded by the Hampton Roads Bridge-Tunnel eastward to Cape Henry and south to the southern ocean front boundary of …

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

The purpose of this chapter is to provide for the long-term conservation and use of the soft shell clam and hard shell clam resources, and to provide for appropriate stewardship over the public, leased, and unassigned subaqueous grounds of the Commonwealth. Statutory Authority§ 2…

A. It shall be unlawful for any person in charge of any boat licensed to catch crabs with a dredge to have or allow on board any clams in excess of 250, except as provided in subsection B of this section. B. Any person in charge of any boat licensed to catch crabs with a dredge s…

As set forth in § 28.2-520 of the Code of Virginia, it shall be unlawful to take or catch hard shell clams from in any of the tidal waters of the Commonwealth by the use of a hydraulic dredge. The Virginia Institute of Marine Science may use hydraulic dredges to take and catch ha…

A. It shall be unlawful to take or catch hard shell clams from any public or unassigned grounds in the tidal waters of the Commonwealth by the use of a conventional dredge except as provided in subsection B of this section. B. It shall be lawful only between December 1 and April …

It shall be unlawful to take hard shell clams from any public or unassigned grounds in the tidal waters of Virginia by means of a rake other than by a conventional clam rake provided, however, that a bull rake may be used to take hard shell clams from the public or unassigned gro…

A. It shall be unlawful for any person to purchase a water rake permit, unless that person is a valid clam aquaculture product owner permittee. B. It shall be unlawful for any person to harvest or attempt to harvest cultured clams by water rake from leased ground without a water …

The license shall at all times be on board the boat available for inspection by any officer. Statutory Authority§ 28.2-201 of the Code of Virginia.

A. Except as provided in subsections B and C of this section, as set forth below 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 chapt…

If any person is found operating a dredge in violation of any of the provisions of this chapter, including operating outside of an approved lease or operating outside of an approved marked area, any officer may immediately suspend the permit, and the boat operator shall surrender…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Bull rake" means a device designed for use by hand for the purpose of harvesting clams, and which has the following characteristics: rake m…

A. It shall be unlawful to take or catch soft shell clams from any leased grounds in any of the tidal waters of the Commonwealth by the use of a hydraulic dredge without first obtaining (i) a soft shell clam dredge license for each boat used for such a purpose and (ii) a permit f…

A. After the license is issued by the officer in charge of the district and before the licensee may begin to operate the hydraulic dredge, the lessee shall obtain from the officer in charge of the district a separate and individual permit which combines the identification of each…

A. It shall be unlawful to operate a hydraulic dredge in the nighttime between the hours of sunset and sunrise or on Sunday for the catching of soft shell clams from leased ground. B. It shall be unlawful to operate a hydraulic dredge on any lease for less than three acres unless…

It shall be unlawful for any person to take or catch soft shell clams from any unassigned ground in the tidal waters of the Commonwealth by the use of a dredge. Statutory Authority§ 28.2-201 of the Code of Virginia.

A. It shall be unlawful for any person, other than an employee of the commission or the Virginia Institute of Marine Science while conducting tests or experiments, to take or catch soft shell clams from any public grounds in the tidal waters of the Commonwealth by the use of a dr…

A. After the license is issued by the officer in charge of the district, and before the licensee may begin to operate the hydraulic dredge, the licensee shall obtain from the officer in charge of the district a separate and individual permit which combines the identification of t…

It shall be unlawful to operate a hydraulic dredge in the nighttime between the hours of sunset and sunrise, or on Saturday or Sunday, for the catching of soft shell clams from public ground. Statutory Authority§ 28.2-201 of the Code of Virginia.

The purpose of this chapter is to conserve the blue crab resource by promoting the escape of small crabs from crab pots through the use of cull rings. Statutory Authority§ 28.2-201 of the Code of Virginia.

"Mainstem Chesapeake Bay" means all tidal waters westward of the shoreward boundary of Virginia's portion of the federal territorial sea, exclusive of the tributaries of the Chesapeake Bay and Potomac River. "Seaside area" means any Virginia tidal waters on the ocean side of Acco…

A. It shall be unlawful for any person to place, set or fish any crab pot, in Virginia's seaside area, that does not contain at least two unobstructed cull rings of size and location within the pot, as described in this subsection, except as provided in subsection C of this secti…

Pursuant to § 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 is…

The purpose of this chapter is to conserve Virginia's oyster resources, especially oyster broodstock.Statutory Authority§ 28.2-201 of the Code of Virginia.

A. The marine police officer at the point of seed harvest may require that a marine police officer be present during the seed planting. When this is required, it will be specified on the seed transfer permit. If a marine police officer is required to be present at planting, the p…

(Repealed.)

(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 violat…

A. The Marine Resources Commission (commission) hereby establishes July 1, 2014, as the control date for management of all public oyster fisheries in Virginia. Participation by any individual in any public oyster fishery after the control date may not be considered in the calcula…

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Aid to navigation" means any public or private day beacon, lighted channel marker, channel buoy, lighted channel buoy, or lighthouse that may…

Any public oyster ground or unassigned ground may be closed to harvest by the Commissioner of Marine Resources when it is determined that the standing stock of oysters has been depleted by 50% or more. The initial estimate of standing stock for each area shall be the volume of oy…

The Marine Resources Commission shall be authorized to extend the public oyster harvest season in the James River Seed Area, including the Deep Water Shoal State Replenishment Area, but the extension shall not be established to go beyond June 30. Statutory Authority§ 28.2-201 of …

A. It shall be unlawful for any person to harvest oysters from public and unassigned grounds, except within the dates and areas and with the harvest gears set forth in this section. B. It shall be unlawful to harvest clean cull oysters from the public oyster grounds and unassigne…

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

A. It shall be unlawful to take, catch, or possess oysters on Saturday and Sunday from the public oyster grounds or unassigned grounds in the waters of the Commonwealth of Virginia for commercial purposes, except that this provision shall not apply to any person harvesting no mor…

A. It shall be unlawful for any person to harvest oysters in the James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area, except by hand tong. It shall be unlawful for any person to have a hand scrape or oyster dredge on board a boat that is harvesting…

It shall be unlawful for any vessel or individual to harvest shellfish for commercial purposes from the public oyster grounds as described in 4VAC20-720-40 unless the individual or an individual on board the harvesting vessel has been issued a valid commercial fisherman's registr…

(Repealed.)

A. An oyster seed harvest quota of 90,000 bushels of seed is established for the James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area. Once it has been projected and announced that the quota of seed has been attained, it shall be unlawful for any pe…

A permit is required for the James River Areas 1, 2, and 3. It shall be unlawful for any person to harvest, or attempt to harvest, oysters from the James River Areas without first obtaining a harvest permit from the Marine Resources Commission as required by § 28.2-518 of the Cod…

A. A harvest permit shall be required for the James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area, for the harvesting of seed oysters. It shall be unlawful for any person to harvest or attempt to harvest seed oysters from the James River Seed Area,…

(Repealed.)

The purpose of this chapter is to establish the fee for the nonresident harvesters license. Statutory Authority§ 28.2-227 of the Code of Virginia.

(Repealed.)