reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1190 - PERTAINING TO GILL NET CONTROL DATE › Section 4VAC20-1190-50 - Permit transfers

Current through Register Vol. 40, No. 24, July 15, 2024
A. Class A
				resident gill net permittees may only transfer that permit to another
				registered commercial fisherman who is a resident of the Commonwealth of
				Virginia. The transferor and the transferee shall have documented all prior
				fishing activity on Virginia mandatory reporting forms and shall not be under
				any sanction by the Marine Resources Commission for noncompliance with the
				regulation. Transfers must be approved by the commissioner, or his designee,
				and are permanent. The permanent transfer authorizes the transferee to possess
				a Class A resident permit and the transferor shall lose his eligibility for
				that Class A resident gill net permit.
B. Class A nonresident gill net permittees
				may only transfer that permit to another commercial fisherman who is not a
				resident of the Commonwealth of Virginia. The transferor and the transferee
				shall have documented all prior fishing activity on Virginia mandatory
				reporting forms and shall not be under any sanction by the Marine Resources
				Commission for noncompliance with the regulation. Transfers must be approved by
				the commissioner, or his designee, and are permanent. The permanent transfer
				authorizes the transferee to possess a Class A nonresident permit and the
				transferor shall lose his eligibility for that Class A nonresident gill net
				permit.
Statutory Authority
§ 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1190 - PERTAINING TO GILL NET CONTROL DATE › Section 4VAC20-1190-60 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
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 is a
				  Class 1 misdemeanor.
Statutory Authority
§ 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1200 - PERTAINING TO THE SPECIAL OYSTER RELAY SEASON IN THE RAPPAHANNOCK RIVER [REPEALED] › Section 4VAC20-1200-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority §§
											28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1200 - PERTAINING TO THE SPECIAL OYSTER RELAY SEASON IN THE RAPPAHANNOCK RIVER [REPEALED] › Section 4VAC20-1200-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority §§
											28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1200 - PERTAINING TO THE SPECIAL OYSTER RELAY SEASON IN THE RAPPAHANNOCK RIVER [REPEALED] › Section 4VAC20-1200-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority §§
											28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1220 - PERTAINING TO SEPARATION BETWEEN NETS › Section 4VAC20-1220-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish a minimum
				  distance separating any net and the side or end of any fixed fishing
				  device.
Statutory Authority
§ 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1220 - PERTAINING TO SEPARATION BETWEEN NETS › Section 4VAC20-1220-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following term when used in this chapter shall have the
				  following meaning unless the context clearly indicates otherwise:
"Fixed fishing device" means a pound net, fyke net or staked
				  gill net.
Statutory Authority
§ 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1220 - PERTAINING TO SEPARATION BETWEEN NETS › Section 4VAC20-1220-30 - Required distance between nets

Current through Register Vol. 40, No. 24, July 15, 2024
It is unlawful to place a net within 300 yards of the side or
				  end of any fixed fishing device, unless in the same row.
Statutory Authority
§ 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1230 - PERTAINING TO RESTRICTIONS ON SHELLFISH › Section 4VAC20-1230-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish harvest times and
				  handling procedures for shellfish, excluding seed oysters and seed clams,
				  harvested for commercial purposes or any other use.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1230 - PERTAINING TO RESTRICTIONS ON SHELLFISH › Section 4VAC20-1230-30 - Public health and warm water harvest restrictions for shellfish

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful for any commission employee or representative to issue any shellfish
				license, shellfish permit, or oyster resource user fee to any person unless
				that person has successfully completed the Shellfish Harvest Safety Training
				Certification Course. It shall be unlawful for any person to harvest or attempt
				to harvest shellfish unless that person has successfully completed the
				Shellfish Harvest Safety Training Certification Course. The Shellfish Harvest
				Safety Training Certification shall be valid from the date of issuance through
				the next five calendar years.
B. No
				provisions in this chapter shall apply to seed clams or seed oysters.
C. It shall be unlawful for any person to
				have any cat, dog, or other animal on board a vessel during the harvest of
				shellfish.
D. From May 1 through
				October 31, any vessel used for the harvest of shellfish, from either public or
				private grounds, shall provide shading over the area that serves as storage for
				the shellfish when the shellfish are on board that vessel. All shellfish in the
				vessel shall be offloaded every day. Shading shall not be required for vessels
				transporting clam seed or seed oysters for replanting.
E. From May 1 through October 31, all
				shellfish shall be shaded during land-based deliveries.
F. From June 1 through August 31, it shall be
				unlawful for any person to leave the dock or shore prior to one hour before
				sunrise to harvest or attempt to harvest shellfish from private
				grounds.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1230 - PERTAINING TO RESTRICTIONS ON SHELLFISH › Section 4VAC20-1230-31 - Public health and warm water harvest restrictions for oysters

Current through Register Vol. 40, No. 24, July 15, 2024
A. From May 1
				through October 31, all land-based deliveries of oysters shall be made aboard
				trucks or other conveyances equipped with VDH-approved temperature controlled
				storage. Mechanically refrigerated containers for oysters shall be in operation
				during transport. Any operator of a truck who is delivering oysters using a
				truck not owned by a licensed shellfish buyer shall possess a truck
				refrigeration certificate issued by the Virginia Department of Health, Division
				of Shellfish Sanitation. Upon receiving any oysters, licensed shellfish buyers
				shall immediately place any oysters received from any individual under
				temperature control.
B. From May 1
				to October 31, it shall be unlawful for any individual to harvest oysters from
				open areas of public or private ground after any monthly curfew harvest time
				described in (i) subdivisions 1 through 5 of this subsection or (ii)
				subsections C and D of this section. All oysters shall be placed into trucks or
				other conveyances equipped with VDH-approved temperature controlled storage no
				later than the following designated curfew harvest times by month:
1. May 1 through May 31, by 11
				a.m.;
2. June 1 through June 30, by
				10 a.m.;
3. July 1 through July 31,
				by 10 a.m.;
4. August 1 through
				August 31, by 10 a.m.; and
5.
				September 1 through October 31, by 12 noon.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1230 - PERTAINING TO RESTRICTIONS ON SHELLFISH › Section 4VAC20-1230-32 - Public health and warm water harvest restrictions for clams

Current through Register Vol. 40, No. 24, July 15, 2024
From May 1 through October 31, all land-based deliveries of
				  clams requiring more than 60 minutes after offloading is complete shall be made
				  aboard trucks or other conveyances equipped with VDH-approved temperature
				  controlled storage. Mechanically refrigerated containers for clams shall be in
				  operation during transport. Any operator of a truck who is delivering clams
				  using a truck not owned by a licensed shellfish buyer shall possess a truck
				  refrigeration certificate issued by the Virginia Department of Health, Division
				  of Shellfish Sanitation. Upon receiving any clams, licensed shellfish buyers
				  shall immediately place any clams received from the individual under
				  temperature control.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1230 - PERTAINING TO RESTRICTIONS ON SHELLFISH › Section 4VAC20-1230-40 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A.In addition to
				the penalty prescribed by law, any person violating any provision of this
				chapter shall destroy, in the presence of a marine police officer, all
				shellfish in his possession, or, at the direction of the marine police officer,
				shall place the shellfish overboard on the nearest oyster sanctuary or closed
				shellfish area and shall cease harvesting on that day. All harvesting apparatus
				may be subject to seizure, and, pursuant to § 28.2-232 of the Code of
				Virginia, all licenses and permits may be subject to revocation following a
				hearing before the Marine Resources Commission.
B. 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 is a Class 1 misdemeanor.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1240 - FISHERMAN IDENTIFICATION PROGRAM › Section 4VAC20-1240-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this regulation is to establish a Fisherman
				  Identification Program which, in combination with the Saltwater Fishing License
				  Program, will provide a complete listing of anglers fishing for marine and
				  anadromous fish species in tidal waters. The listing is used to contact
				  fishermen as part of statistical surveys that estimate recreational fishing
				  catches and effort. Statutory Authority.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1240 - FISHERMAN IDENTIFICATION PROGRAM › Section 4VAC20-1240-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words or terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates otherwise:
"Anadromous species" means any striped bass Morone saxatilis,
				  American shad Alosa sapidissima, hickory shad Alosa mediocris, blueback herring
				  Alosa aestivalis, or alewife Alosa psuedoharengus.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1240 - FISHERMAN IDENTIFICATION PROGRAM › Section 4VAC20-1240-30 - Registration requirement; exception; procedures; confidentiality

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful for any resident or nonresident, 16 years of age or older, to take or
				catch or attempt to take or catch any marine or anadromous fish species
				recreationally in any tidal waters of the Commonwealth without first obtaining,
				annually, a Fisherman Identification Program (FIP) number, except as provided
				in subsection B of this section.
B.
				Any person who purchases a Virginia saltwater recreational fishing license
				under Article 1.1 (§
									28.2-302.1
				et seq.) of Chapter 3 of Title 28.2 of the Code of Virginia, or a saltwater
				recreational fishing license issued by the Potomac River Fisheries Commission,
				is not required to obtain a FIP number for the term of that license. Any person
				fishing aboard a charter boat or head boat that is licensed by the Virginia
				Marine Resources Commission or the Potomac River Fisheries Commission is not
				required to obtain a FIP number.
C.
				The FIP number may be obtained by the fisherman at no cost by entering the
				required FIP information online via an Internet access portal designated by the
				Marine Resources Commission for that purpose. The required FIP information
				shall include name, date of birth, address, and telephone number. No person
				shall be considered as registered under the FIP unless all of that person's
				FIP-required information is a part of the commission's telephone or Internet
				database.
D. Any person registered
				in the Fisherman Identification Program must be able to produce his FIP number
				upon request by any police officer. Failure to provide a valid FIP number for
				the current year shall constitute a violation of this regulation.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1240 - FISHERMAN IDENTIFICATION PROGRAM › Section 4VAC20-1240-40 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
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 is a
				  Class 1 misdemeanor.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1250 - PERTAINING TO THE TAGGING OFF SHELLFISH › Section 4VAC20-1250-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish a method of
				  identifying harvested shellfish, according to its original Virginia harvest
				  area, at any time of the year.
Statutory Authority: §§ 28.2-201 and 28.2-801 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1250 - PERTAINING TO THE TAGGING OFF SHELLFISH › Section 4VAC20-1250-30 - Shellfish identification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				person harvesting shellfish for commercial purposes shall affix a shellfish
				harvester tag to each container of shellfish, except as provided in subsection
				E of this section, before leaving any single harvest area. The shellfish
				harvester tag shall remain in place while the shellfish are transported from
				the harvest area to the landing site and from the landing site to a certified
				dealer or for any other use. Any transport of shellfish to a certified dealer
				requires that the shellfish harvester tag remain affixed to each container of
				shellfish until the container is emptied or shipped and re-tagged by a
				certified dealer.
B. The shellfish
				harvester tag, the bulk shellfish tag, and the green restricted-use shellstock
				tag shall be durable, waterproof, approved by the Virginia Marine Resources
				Commission or the Virginia Department of Health prior to use, and at least 13.8
				square inches in size.
C. The
				shellfish harvester tag shall contain all of the following indelible and
				legible information, in the following order:
1. The harvester's Virginia Marine Resources
				Commission identification number or Virginia Marine Resources Commission oyster
				aquaculture harvester permit number or clam aquaculture harvester permit
				number;
2. The date of harvest,
				time that any shellfish harvest began, and time that harvested shellfish were
				offloaded and placed under temperature control;
3. An acknowledgement of whether or not those
				shellfish, described in subdivision 2 of this subsection, were placed in a
				Virginia Department of Health, Division of Shellfish Sanitation-approved
				storage container with a layer of ice that continuously and completely covered
				the oysters;
4. The most accurate
				identification of the harvest location or aquaculture site, including the
				abbreviated name of the state of harvest and the Virginia Marine Resources
				Commission's designation of the growing area by indexing, administrative, or
				geographic designation, and the minimum identification requirement shall be to
				specify a single harvest area from the listing, as described in
				4VAC20-1250-50;
5. The type and quantity of harvested
				shellfish; and
6. The following
				statement, in bold capitalized letters: "THIS TAG IS REQUIRED TO BE ATTACHED,
				UNTIL THE CONTAINER IS EMPTY OR IS RE-TAGGED, AND THEREAFTER KEPT ON FILE FOR
				90 DAYS."
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1250 - PERTAINING TO THE TAGGING OFF SHELLFISH › Section 4VAC20-1250-40 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A. In addition to
				the penalty prescribed by law, any person violating any provision of this
				chapter shall destroy, in the presence of a marine police officer, all
				shellfish in his possession, or, at the direction of the marine police officer,
				shall place the shellfish overboard on the nearest oyster sanctuary or closed
				shellfish area and shall cease harvesting on that day. All harvesting apparatus
				may be subject to seizure, and, pursuant to § 28.2-232 of the Code of
				Virginia, all licenses and permits may be subject to revocation, following a
				hearing before the Virginia Marine Resources Commission.
B.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, is a Class 1 misdemeanor.
Statutory Authority: §§ 28.2-201 and 28.2-801 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1250 - PERTAINING TO THE TAGGING OFF SHELLFISH › Section 4VAC20-1250-50 - Designated single harvest areas

Current through Register Vol. 40, No. 24, July 15, 2024
A listing of water area names for use by harvesters to
				  designate harvest areas.
Back Bay
Mobjack Bay
Back River
Nansemond River
Bogue Bay
Nomini River
Bradford Bay
North River
Burton's Bay
North Landing River
Chesapeake Bay Lower East
Outlet Bay
Chesapeake Bay Lower West
Oyster Bay Seaside
						  Eastern Shore
Chesapeake Bay Upper East
Pagan River
Chesapeake Bay Upper West
Pamunkey River
Chickahominy River
Piankatank River
Chincoteague Bay
Pocomoke River
Chuckatuck Creek
Pocomoke Sound
Coan River
Poquoson River
Cobb Bay Seaside Eastern Shore
Potomac
						  Creek
Corrotoman River
Rappahannock River Middle
Currioman River
Rappahannock River Lower
East River
Rappahannock River Upper
Elizabeth River
Rosier Creek
Fleets Bay
Severn Creek
Gargathy Bay
South Bay
Great Wicomico River
Swash Bay
Hog Island Bay
Tangier Sound
Horn Harbor
Upper Machodoc Creek
James River Middle
Upshur Bay
James River Lower
Ware River
James River Upper
Warwick River
Kegotank Bay
Watts Bay
Lafayette River
Willoughby Bay
Little Wicomico River
Winter Harbor
Lower Machodoc Creek
Yeocomico River
Lynnhaven Bay
York River Middle
Magothy Bay
York River Lower
Mattaponi River
York River Upper
Mattox Creek
Ocean Eastern Shore
Metomkin Bay
Ocean Virginia Beach
Milford Haven
Statutory Authority: §§ 28.2-201 and 28.2-801 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1260 - PERTAINING TO RIVER HERRING › Section 4VAC20-1260-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purposes of this chapter are to rebuild the Virginia
				  stocks of river herring and to comply with the requirements of the Interstate
				  Fishery Management Plan for Shad and River Herring.
§ 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1260 - PERTAINING TO RIVER HERRING › Section 4VAC20-1260-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following terms when used in this chapter shall have the
				  following meanings unless the context clearly indicates otherwise:
"Land" or "landing" means to (i) enter port with finfish,
				  shellfish, crustaceans, or other marine seafood on board any boat or vessel;
				  (ii) begin offloading finfish, shellfish, crustaceans, or other marine seafood;
				  or (iii) offload finfish, shellfish, crustaceans, or other marine seafood.
"River herring" means any fish of the species Alosa
				  aestivalis or Alosa pseudoharengus.
§ 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1260 - PERTAINING TO RIVER HERRING › Section 4VAC20-1260-30 - Moratorium

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful for any person to catch and retain possession of any river herring
				from Virginia tidal waters.
B. It
				shall be unlawful for any person to possess aboard a vessel on Virginia tidal
				waters or to land in Virginia any river herring.
C. Any river herring or its byproduct
				imported into Virginia from another state or country shall be accompanied by a
				bill of lading or commercial invoice that shall include the name of the seller,
				the date of sale, and the pounds of river herring product.
§ 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1260 - PERTAINING TO RIVER HERRING › Section 4VAC20-1260-40 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
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 is a
				  Class 1 misdemeanor.
§ 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1270 - PERTAINING TO ATLANTIC MENHADEN › Section 4VAC20-1270-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish management
				  measures for a sustainable Atlantic menhaden fishery and to provide fair and
				  equitable allocation to the sectors.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1270 - PERTAINING TO ATLANTIC MENHADEN › Section 4VAC20-1270-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context indicates otherwise:
"Atlantic menhaden" or "menhaden" means any fish of the
				  species Brevoortia tyrannus.
"Bay Cap" means the annual total allowable commercial
				  landings by volume (pounds or metric tons) from the Chesapeake Bay by the purse
				  seine menhaden reduction sector.
"Chesapeake Bay" means the territorial waters of Virginia
				  lying west of the Chesapeake Bay Bridge-Tunnel.
" Non-purse seine menhaden bait sector" means those vessels
				  that do not utilize a purse seine net to harvest menhaden and land menhaden
				  only for use as bait in other fisheries.
"Purse seine menhaden bait sector" means those vessels that
				  utilize a purse seine net to land menhaden only for use as bait in other
				  fisheries.
"Purse seine menhaden reduction sector" means those vessels
				  that utilize a purse seine net to land menhaden only at a qualified menhaden
				  processing factory.
"Qualified menhaden processing factory" means a facility
				  located in Virginia that has processed at least 100,000 metric tons of menhaden
				  in each of the years 2009, 2010, and 2011.
"Stationary multi-species gear" means pound nets, anchored or
				  staked gill nets, fishing weirs, floating fish traps, and fyke
				  nets.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1270 - PERTAINING TO ATLANTIC MENHADEN › Section 4VAC20-1270-30 - Total allowable landings for menhaden; allocation, accountability, overages, restrictions, closures, state-to-state transfers, and transfers between sectors

Current through Register Vol. 40, No. 24, July 15, 2024
A. Total
				allowable commercial landings for menhaden shall be equivalent to 75.21% of the
				annual total allowable catch (TAC) set by the Atlantic States Marine Fisheries
				Commission (ASMFC) after 1.0% of the TAC is set aside by the ASMFC for episodic
				events.
B. Any portion of the 1.0%
				of the coastwide TAC set aside by the ASMFC for episodic events that is unused
				as of September 1 of any calendar year shall be returned to Virginia and other
				states according to allocation guidelines established by the ASMFC. Any such
				return of this portion of the coastwide TAC to Virginia shall increase the
				total allowable commercial landings for that year.
C. Total amount of allowable commercial
				landings in subsection A of this section shall be allocated as quotas among
				three sectors of the menhaden fishery in proportion to each sector's share of
				average landings from 2002 through 2011, as described in subdivisions 1, 2, and
				3 of this subsection.
1. The purse seine
				menhaden reduction sector shall be allocated a quota of 90.04% of allowable
				commercial menhaden landings.
2.
				The purse seine menhaden bait sector shall be allocated a quota of 8.38% of
				allowable commercial menhaden landings.
3. The non-purse seine menhaden bait sector
				shall be allocated a quota of 1.58% of allowable commercial menhaden
				landings.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1270 - PERTAINING TO ATLANTIC MENHADEN › Section 4VAC20-1270-35 - Chesapeake Bay purse seine menhaden reduction fishery

Current through Register Vol. 40, No. 24, July 15, 2024
A. The annual total allowable Bay Cap
				landings from the Chesapeake Bay by the purse seine menhaden reduction sector
				shall not exceed 51,000 metric tons (112,435,754 pounds) and shall be subject
				to annual adjustment for any overages as specified in subdivision 3 of this
				subsection.
1. It shall be unlawful for any
				transfers of quota from other states to be applied to the Bay Cap to reduce any
				overages.
2. It shall be unlawful
				for any amount of unlanded menhaden quota under the Bay Cap each calendar year
				to be rolled over or applied as credit for any subsequent calendar
				years.
3. Any annual menhaden
				landings in excess of the current calendar year Bay Cap shall be deducted from
				only the subsequent calendar year Bay Cap.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1270 - PERTAINING TO ATLANTIC MENHADEN › Section 4VAC20-1270-40 - Purse seine menhaden bait sector; limited entry criteria; individual transferable quota system; and season

Current through Register Vol. 40, No. 24, July 15, 2024
A. To qualify for limited entry to the purse
				seine menhaden bait sector, the person or entity shall fulfill one of the
				following requirements:
1. Have held a purse
				seine license in 2011 and landed menhaden in Virginia in 2009, 2010, and 2011,
				while using purse seine gear to harvest menhaden in one of those three
				years;
2. Have provided the Marine
				Resources Commission (commission) receipts and landings reports or other
				requested reports as proof of landings and gear usage to demonstrate that the
				criteria described in subdivision 1 of this subsection have been met;
				or
3. Have received a valid
				transfer of purse seine menhaden bait sector quota pursuant to subsection C of
				this section.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1270 - PERTAINING TO ATLANTIC MENHADEN › Section 4VAC20-1270-50 - Non-purse seine menhaden bait sector quota allocation

Current through Register Vol. 40, No. 24, July 15, 2024
The non-purse seine menhaden bait sector's quota allocation
				  shall be in proportion to share for each gear type of average landings from
				  2002 through 2011 and are as follows:
1. Cast net:
0.04%.
2. Dredge:
0.06%.
3. Fyke net:
0.04%.
4. Gill net:
30.31%.
5. Pound net:
67.98%.
6. Haul seine:
0.4%.
7. Trawl:
1.17%.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1270 - PERTAINING TO ATLANTIC MENHADEN › Section 4VAC20-1270-60 - Reporting requirements by menhaden fishery sector

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each licensee of any purse seine vessel
				who harvests menhaden shall complete a Captain's Daily Fishing Report on each
				non-weekend or non-holiday day that either purse seine sector is open for
				harvest. The Captain's Daily Fishing Report is produced by the National Marine
				Fisheries Service and provides preliminary estimates of harvest. Pursuant to
				§
									28.2-204 of the Code of
				Virginia, those same licensees shall submit to the Marine Resources Commission
				(commission) the Captain's Daily Fishing Reports in addition to summarized
				weekly harvest reports that include vessel name and exact weight of menhaden
				landed, in pounds, by Wednesday of the following week.
1. Any menhaden landed by a limited entry
				purse seine menhaden bait licensee at a qualified menhaden processing factory,
				as indicated on the mandatory daily landings reports, shall be attributed to
				the purse seine menhaden reduction sector quota.
2. Once 97% of either purse seine sector's
				quota is projected and announced to have been taken, each licensee of that
				purse seine sector shall provide daily harvest totals to the commission's
				Interactive Voice Recording System.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1270 - PERTAINING TO ATLANTIC MENHADEN › Section 4VAC20-1270-70 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
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. A second and each subsequent violation of any provision of this
				  chapter committed by the same person within 12 months of a prior violation is a
				  Class 1 misdemeanor.
Statutory Authority
§ 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1270 - PERTAINING TO ATLANTIC MENHADEN › Form - FORMS (4VAC20-1270)

Current through Register Vol. 40, No. 24, July 15, 2024
Captain's
				  Daily Fishing Report (rev. 2010)
Commercial
				  Menhaden Quota Transfer Form (eff. 7/2022)
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1280 - PERTAINING TO FISHING LICENSE AND PRIVILEGE REVOCATION › Section 4VAC20-1280-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish penalties for any
				  individual found fishing illegally after the Marine Resources Commission has
				  ordered the revocation of his fishing license or his fishing privileges, or
				  both.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1280 - PERTAINING TO FISHING LICENSE AND PRIVILEGE REVOCATION › Section 4VAC20-1280-20 - Definition

Current through Register Vol. 40, No. 24, July 15, 2024
The following word and term when used in this chapter shall
				  have the following meaning unless the context indicates otherwise:
"Fishing" means all operations involved in (i) taking or
				  catching marine fish, shellfish, and marine organisms; (ii) using, setting,
				  operating, or piloting any apparatus or vessel employed in killing, taking, or
				  catching marine fish, shellfish, and marine organisms; or (iii) transporting or
				  preparing for market marine fish, shellfish, and marine
				  organisms.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1280 - PERTAINING TO FISHING LICENSE AND PRIVILEGE REVOCATION › Section 4VAC20-1280-30 - Unlawful fishing after fishing license has been revoked

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to participate in any
				  fishing at any time during the period his fishing licenses or fishing
				  privileges are revoked by the Marine Resources Commission.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1280 - PERTAINING TO FISHING LICENSE AND PRIVILEGE REVOCATION › Section 4VAC20-1280-40 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in § 28.2-903 of the Code of Virginia, any
				  person violating a provision of this chapter shall be guilty of a Class 3
				  misdemeanor. A second violation and each subsequent violation of any provision
				  of this chapter committed by the same person within 12 months of a prior
				  violation is a Class 1 misdemeanor.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1290 - PERTAINING TO RESTRICTIONS ON THE HARVEST OF SHELLFISH AND IN CONDEMNED SHELLFISH AREAS › Section 4VAC20-1290-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to protect and promote the
				  oyster broodstock within the condemned shellfish areas and within the tidal
				  waters of the Commonwealth and to protect the public health.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1290 - PERTAINING TO RESTRICTIONS ON THE HARVEST OF SHELLFISH AND IN CONDEMNED SHELLFISH AREAS › Section 4VAC20-1290-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context indicates otherwise:
"Daily restricted shellfish area relay permit" means a
				  one-day permit issued by the Marine Resources Commission for the relay of
				  shellfish from a general oyster planting ground within a restricted shellfish
				  area.
"Restricted shellfish area" means any area designated by the
				  Virginia Department of Health, Division of Shellfish Safety and Waterborne
				  Hazards wherein it shall be unlawful for any person, firm, or corporation to
				  take shellfish for any purpose except by permit granted by the Marine Resources
				  Commission as provided in §
									28.2-810 of the Code of
				  Virginia.
"Prohibited shellfish area" means any area designated by the
				  Virginia Department of Health, Division of Shellfish Safety and Waterborne
				  Hazards wherein it shall be unlawful for any person, firm, or corporation to
				  take shellfish for any purpose.
Statutory Authority: §
											28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1290 - PERTAINING TO RESTRICTIONS ON THE HARVEST OF SHELLFISH AND IN CONDEMNED SHELLFISH AREAS › Section 4VAC20-1290-30 - Restrict leasing of condemned shellfish areas

Current through Register Vol. 40, No. 24, July 15, 2024
All unassigned or vacant state-owned bottomland designated as
				  a condemned shellfish area that is not assigned to or reserved for riparian
				  owners by the Virginia Department of Health and classified as either restricted
				  shellfish area or prohibited shellfish area for the direct harvest of shellfish
				  shall not be leased as general oyster planting grounds.
Statutory Authority: §
											28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1290 - PERTAINING TO RESTRICTIONS ON THE HARVEST OF SHELLFISH AND IN CONDEMNED SHELLFISH AREAS › Section 4VAC20-1290-50 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A. As set forth in
				§ 28.2-903 of the Code of Virginia, any person violating any provision of
				this chapter, except
				4VAC20-1290-40, 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 a Class 1 misdemeanor.
B. As set
				forth in § 28.2-821 of the Code of Virginia, any person violating any
				provision of
				4VAC20-1290-40 shall be guilty of a
				Class 1 misdemeanor.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1300 - LIVING SHORELINE GROUP 1 GENERAL PERMIT FOR CERTAIN LIVING SHORELINE TREATMENTS INVOLVING TIDAL WETLANDS › Section 4VAC20-1300-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this general permit is to provide a
				  streamlined permitting process as an incentive to encourage property owners to
				  utilize a living shoreline approach as appropriate, manage shoreline erosion,
				  and promote the planting and growth of tidal wetland vegetation to restore or
				  enhance ecosystem services. The techniques and conditions contained in this
				  general permit are designed to limit the applicability of the permit to
				  situations where the projects are most likely to be successful, and so as to
				  limit the potential for adverse impacts on the environment and adjoining or
				  nearby properties.
Approval under this general permit constitutes the
				  commission or local wetlands board authorization required in accordance with
				  §
									28.2-1306 of the Code of
				  Virginia. This general permit shall not conflict with or obviate the need to
				  comply with any other federal, state, or local permitting requirement or
				  authorization governing the proposed activity.
Statutory Authority: §
											28.2-104.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1300 - LIVING SHORELINE GROUP 1 GENERAL PERMIT FOR CERTAIN LIVING SHORELINE TREATMENTS INVOLVING TIDAL WETLANDS › Section 4VAC20-1300-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Chairman" means the chairman of a local wetlands board or
				  his designee.
"Commission" or "VMRC" means the Virginia Marine Resources
				  Commission.
"Commissioner" means the Commissioner of Marine Resources or
				  his designee.
"Fiber log" means biodegradable fibrous material often
				  composed of coconut fiber that is formed into rolls of various lengths and
				  thicknesses used for erosion control and as a growing medium.
"Fiber mat" means a biodegradable fibrous material woven mat
				  often composed of coconut fiber that is formed into mats of various sizes and
				  thicknesses used for erosion control and as a growing medium.
"Grazing protection" means temporary structures consisting
				  of wooden stakes, string lines, netting, and metal cages intended to protect
				  planted wetland vegetation and introduced ribbed mussels from predation.
"Joint Permit Application" means the current Joint Permit
				  Application utilized by the U.S. Army Corps of Engineers, Virginia Marine
				  Resources Commission, Department of Environmental Quality, and local wetlands
				  boards to evaluate projects involving submerged lands, wetlands, and coastal
				  primary sand dunes and beaches for permit review, and any abbreviated
				  application developed specifically for this general permit.
"Living shoreline" means a shoreline management practice
				  that provides erosion control and water quality benefits; protects, restores,
				  or enhances shoreline habitat; and maintains coastal processes through the
				  strategic placement of plants, stone, sand fill, and other structural and
				  organic materials.
"Ribbed mussels" means the Atlantic ribbed mussel (Geukensia
				  demissa).
"Shell bags" means net bags of various sizes filled with
				  oyster or clam shells used for erosion control and as a substrate for other
				  organisms.
"Tidal wetlands" or "wetlands" means the jurisdictional area
				  meeting the definition contained in §
									28.2-1302 of the Code of
				  Virginia.
"Wetlands board" or "board" means a local wetlands board
				  created pursuant to §
									28.2-1303 of the Code of
				  Virginia.
"Wetlands vegetation" means the vegetative species listed in
				  §
									28.2-1302 of the Code of
				  Virginia.
Statutory Authority: §
											28.2-104.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1300 - LIVING SHORELINE GROUP 1 GENERAL PERMIT FOR CERTAIN LIVING SHORELINE TREATMENTS INVOLVING TIDAL WETLANDS › Form - FORMS (4VAC20-1300)

Current through Register Vol. 40, No. 24, July 15, 2024
Tidewater
				  Joint Permit Application (JPA) for Projects Involving Tidal Waters, Tidal
				  Wetlands, and/or Dunes and Beaches in Virginia (rev.
				  3/2014)
Statutory Authority: §
											28.2-104.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1310 - PERTAINING TO JONAH CRAB › Section 4VAC20-1310-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to conserve and protect Jonah
				  crabs from overfishing and to provide consistency among federal and interstate
				  laws and regulations.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1310 - PERTAINING TO JONAH CRAB › Section 4VAC20-1310-20 - Definition

Current through Register Vol. 40, No. 24, July 15, 2024
The following words or terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Carapace" means the unsegmented body shell of a Jonah
				  crab.
"Carapace length" means the straight line measurement across
				  the widest part of the shell including the tips of the posterior-most, longest
				  spines along the lateral margins of the carapace.
"Claw length" means the straight line measurement along the
				  bottom of the claw from the joint to the lower tip of the claw.
"Jonah crab" means any crustacean of the species Cancer
				  borealis.
"Target species" means those species primarily sought by the
				  fishermen in the fishery and that are the subject of directed fishing
				  effort.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1310 - PERTAINING TO JONAH CRAB › Section 4VAC20-1310-30 - Possession prohibitions and commercial fishery minimum size limit

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful for any individual to possess any egg-bearing female Jonah crab,
				except for scientific purposes and with the express written consent of the
				Commissioner of Marine Resources. Any harvested egg-bearing female Jonah crab
				shall be returned to the water immediately.
B. It shall be unlawful for any individual to
				land any Jonah crab unless the whole crab is in that individual's possession,
				except as provided in
				4VAC20-1310-40
				C.
C. It shall be unlawful for any
				individual to possess or land any Jonah crab for commercial purposes that
				measures less than 4.75 inches in carapace length.
D. It shall be unlawful for any individual to
				possess or land for commercial purposes any Jonah crab claws that measure less
				than 2.75 inches in claw length in any amount greater than five
				gallons.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.