reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1070 - PERTAINING TO HAUL SEINES › Section 4VAC20-1070-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this regulation
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Haul seine" means a net made of mesh webbing, which may
				  include a pocket and wing net set vertically in the water and pulled by hand or
				  power to capture and confine fish by encirclement.
"Long haul seine" means a net made of mesh webbing that is
				  towed or dragged by two vessels more than a distance of 1.0 nautical miles from
				  the point of its deployment, in an open configuration through the water.
"Pocket" means an enclosure with mesh webbing on its sides
				  and floor that is attached to the bottom with stakes or poles and used to
				  temporarily contain fish or other catch removed from the haul seine.
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 1070 - PERTAINING TO HAUL SEINES › Section 4VAC20-1070-30 - Gear restrictions; exemptions; application process

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person to
				place or set in the water, encircle or enclose any haul seine that exceeds
				1,000 yards in length.
B. It shall
				be unlawful for any person to tie together, set or fish two or more haul seines
				with a combined total length of netting that exceeds 1,000 yards.
C. It shall be unlawful for any person to tow
				or drag a haul seine by two vessels so that it operates as a long haul seine.
				When setting a haul seine with more than one vessel, it shall be unlawful for
				any person to tow or drag a haul seine more than a distance of 1.0 nautical
				miles from the point of its deployment in an open configuration through the
				water.
D. It shall be unlawful for
				any person to use more than one vessel to move either end of a haul seine net
				or nets.
E. It shall be unlawful
				for any person to remove fish or other catch from the pocket when the pocket is
				located in waters that are less than three feet in depth, except as described
				in subsection F of this section. Measurement of the depth of water containing
				the pocket may be taken within the pocket or within a distance of 15 feet from
				the pocket, using a pole-type measuring device graduated into one-foot
				intervals of measurement.
F. It
				shall be lawful for any person to remove fish or other catch from the pocket
				when the pocket is located in waters that are less than three feet, provided
				that:
1. The area where the pocket is to be
				established, as well as any area within 15 feet of the pocket, are devoid of
				submerged aquatic vegetation;
2.
				Establishing the pocket and removing fish or catch from the pocket is
				accomplished without the use of a boat or vessel; and
3. The haul seine licensee has received
				permission from the commissioner or his designee to establish the pocket, at
				the site requested by the haul seine licensee, after that licensee has notified
				the commissioner or his designee, in writing, and described the haul seine
				operation and location of the haul seine area.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1070 - PERTAINING TO HAUL SEINES › Section 4VAC20-1070-40 - Reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person licensed to haul seine
				  and intending to set any haul seine with more than one vessel to fail to
				  contact the Virginia Marine Resources Commission Operations Station's toll-free
				  line (1-800-541-4646), by 3 p.m., when intending to haul seine within the
				  following 24-hour period to report the specific location and estimated time the
				  haul seine will be set.
In the event the site is later determined to not be
				  fishable, the haul seine licensee shall contact the Virginia Marine Resources
				  Commission Operations Station's toll-free line (1-800-541-4646) immediately and
				  identify the alternate location to be fished and the estimated time the haul
				  seine will be set at this alternate location.
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 1070 - PERTAINING TO HAUL SEINES › Section 4VAC20-1070-50 - 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 regulation, except as provided in 4VAC20-1070-30 C, 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 prior
				violation is a Class 1 misdemeanor. A violation of 4VAC20-1070-30 C is a Class
				1 misdemeanor, as prescribed by § 28.2-314 of the Code of Virginia.
B. In addition to the penalties
				described in subsection A of this section, any person convicted of a violation
				of any provision of this chapter may incur a revocation of his Commercial
				Fisherman Registration License and haul seine license upon review by the
				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 1080 - PERTAINING TO MONKFISH (GOOSEFISH) › Section 4VAC20-1080-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to conserve and protect sea
				  turtle stocks in Virginia waters.
Statutory Authority
§§ 28.2-201 and 28.2-236 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1080 - PERTAINING TO MONKFISH (GOOSEFISH) › Section 4VAC20-1080-20 - 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 meaning unless the context clearly indicates
				  otherwise.
"COLREGS Line" means the COLREGS Demarcation Lines, as
				  specified in Coastal Pilot, 35th and 36th editions by Lighthouse Press.
"Monkfish (goosefish)" means any goosefish of the species
				  Lophius americanus.
"Tie-down" means a short length of twine or other similar
				  material with one end tied to the bottom line of a gill net and the other end
				  tied to the top line of the gill net to create a loose webbing or pocket in the
				  net.
Statutory Authority
§§ 28.2-201 and 28.2-236 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1080 - PERTAINING TO MONKFISH (GOOSEFISH) › Section 4VAC20-1080-30 - Harvest and landing limitations

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person to
				take, harvest or possess any amount of monkfish in Virginia waters that exceeds
				50 pounds of tails or 166 pounds of whole fish, except as described in
				subsection B of this section.
B. It
				shall be unlawful for any vessel to land or possess any amount of monkfish in
				Virginia that exceeds 50 pounds of tails or 166 pounds of whole fish unless
				that vessel holds an applicable federal fisheries permit that authorizes
				harvest and possession of monkfish.
Statutory Authority
§§ 28.2-201 and 28.2-236 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1080 - PERTAINING TO MONKFISH (GOOSEFISH) › Section 4VAC20-1080-40 - Gear restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to use tie-downs in any
				  gill net set or fished east of the COLREGS Line and north of the North
				  Carolina-Virginia border and south of the Maryland-Virginia border in Virginia
				  waters from May 1 through December 31.
Statutory Authority
§§ 28.2-201 and 28.2-236 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1080 - PERTAINING TO MONKFISH (GOOSEFISH) › Section 4VAC20-1080-50 - 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 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 prior violation
				  is a Class 1 misdemeanor.
Statutory Authority
§§ 28.2-201 and 28.2-236 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1090 - PERTAINING TO LICENSING REQUIREMENTS AND LICENSE FEES › Section 4VAC20-1090-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this regulation is to specify the fees for
				  each license required of any person to take, catch, harvest, possess or market
				  fish, oysters, crabs, clams or other seafood species in the tidal waters of
				  Virginia for commercial purposes or to take, catch or possess any species for
				  recreational purposes. The license fees described in this regulation supersede
				  those fishing license fees described in Title 28.2 of the Code of
				  Virginia.
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 1090 - PERTAINING TO LICENSING REQUIREMENTS AND LICENSE FEES › Section 4VAC20-1090-40 - 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 as provided in subsection B of this section, 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 § 28.2-549 of the
				Code of Virginia, any person willfully failing to pay oyster resource user fees
				to the commission 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 1100 - PERTAINING TO SHELLFISH HANDLING › Section 4VAC20-1100-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this regulation is to ensure the safe and
				  sanitary control of the harvesting and transporting of molluscan shellfish for
				  human consumption.
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 1100 - PERTAINING TO SHELLFISH HANDLING › Section 4VAC20-1100-20 - Disposal of sewage from vessels

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any boat or vessel engaged in harvesting
				or transporting shellfish shall have on board an approved Type III marine
				sanitation device (holding tank), portable toilet or other sewage disposal
				receptacle. Portable toilets shall:
1. Be
				constructed of high quality plastic that is durable, easy to clean, and will
				not spill;
2. Be used only for the
				purpose intended;
3. Be secured
				while on board the vessel and located to prevent contamination of shellstock by
				spillage or leakage;
4. Be emptied
				only into an approved sewage disposal system;
5. Be cleaned before being returned to the
				boat; and
6. Not be cleaned with
				equipment used for washing or processing food.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1100 - PERTAINING TO SHELLFISH HANDLING › Section 4VAC20-1100-30 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in § 28.2-821 of the Code of Virginia, any
				  person violating the provisions of this regulation shall be guilty of a Class I
				  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 1110 - PERTAINING TO SHEEPSHEAD › Section 4VAC20-1110-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to conserve and protect
				  sheepshead stocks in Virginia waters.
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 1110 - PERTAINING TO SHEEPSHEAD › Section 4VAC20-1110-20 - 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.
"Commercial fishing" or "fishing commercially" or "commercial
				  fishery" means fishing by any person where the catch is for sale, barter,
				  trade, or any commercial purpose, or is intended for sale, barter, trade, or
				  any commercial purpose.
"Recreational fishing" or "fishing recreationally" or
				  "recreationally fishing" means fishing by any person, whether licensed or
				  exempted from licensing, where the catch is not for sale, barter, trade, or any
				  commercial purpose, or is not intended for sale, barter, trade, or any
				  commercial purpose.
"Sheepshead" means any fish of the species Archosargus
				  probatocephalus.
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 1110 - PERTAINING TO SHEEPSHEAD › Section 4VAC20-1110-30 - Recreational harvest and possession limit

Current through Register Vol. 40, No. 24, July 15, 2024
The recreational harvest, landing and possession limit for
				  sheepshead, as described in 4VAC20-1110-20, shall be four fish. It shall be
				  unlawful for any person to recreationally harvest, land or possess more than
				  four sheepshead within or without Virginia tidal waters. When fishing from any
				  boat or vessel where the entire catch is held in a common hold or container,
				  the possession limit for sheepshead shall be for the boat or vessel and shall
				  be equal to the number of persons on board legally eligible to fish multiplied
				  by four. The captain or operator of the boat or vessel shall be responsible for
				  any boat or vessel possession limits.
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 1110 - PERTAINING TO SHEEPSHEAD › Section 4VAC20-1110-40 - Commercial limitations

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
				be unlawful for any vessel to land in Virginia more than 500 pounds of
				sheepshead, as described in 4VAC20-1110-20, per day.
B. It shall be unlawful to transfer harvest
				at sea.
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 1110 - PERTAINING TO SHEEPSHEAD › Section 4VAC20-1110-50 - 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 1120 - PERTAINING TO TILEFISH AND GROUPER › Section 4VAC20-1120-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to provide for the
				  conservation of tilefish and grouper and to reduce the potential for
				  overfishing by establishing limits on the harvest and landing of these
				  fish.
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 1120 - PERTAINING TO TILEFISH AND GROUPER › Section 4VAC20-1120-20 - 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.
"Commercial fishing" or "fishing commercially" or "commercial
				  fishery" means fishing by any person where the catch is for sale, barter,
				  trade, or any commercial purpose, or is intended for sale, barter, trade, or
				  any commercial purpose.
"Grouper" means any of the following species:
Black grouper, Mycteroperca bonaci
Coney, Cephalopholis fulva
Gag grouper, Mycteroperca microlepis
Goliath grouper, Epinephelus itajara
Graysby, Cephalopholis cruentata
Misty grouper, Epinephelus mystacinus
Nassau grouper, Epinephelus striatus
Red grouper, Epinephelus morio
Red Hind, Epinephelus guttatus
Rock Hind, Epinephelus adscensionis
Scamp, Mycteroperca phenax
Snowy grouper, Epinephelus niveatus
Speckled Hind, Epinephelus drummondhayi
Tiger grouper, Mycteroperca tigris
Warsaw grouper, Epinephelus nigritus
Wreckfish, Polyprion americanus
Yellowedge grouper, Epinephelus flavolimbatus
Yellowfin grouper, Mycteroperca venenosa
Yellowmouth grouper, Mycteroperca interstitialis
"Recreational fishing" or "fishing recreationally" or
				  "recreationally fishing" means fishing by any person, whether licensed or
				  exempted from licensing, where the catch is not for sale, barter, trade, or any
				  commercial purpose, or is not intended for sale, barter, trade, or any
				  commercial purpose.
"Recreational vessel" means any private or rental vessel,
				  charter vessel, or headboat participating in the recreational tilefish and
				  grouper fishery.
"Tilefish" means any of the following species:
Blueline tilefish, Caulolatilus microps
Golden tilefish, Lopholatilus chamaeleonticeps
Sand tilefish, Malacanthus plumieri
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 1120 - PERTAINING TO TILEFISH AND GROUPER › Section 4VAC20-1120-30 - Recreational harvest and possession limit

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person
				fishing recreationally to possess or land more than eight golden tilefish in
				Virginia tidal waters.
B. The
				recreational harvest, landing, and possession limit for blueline tilefish for
				any person fishing from a private or rental vessel shall be three fish. The
				recreational harvest, landing, and possession limit for blueline tilefish for
				any person fishing from a for-hire vessel that has been issued a valid federal
				Tilefish Charter/Party Permit but does not have a current U.S. Coast Guard
				certificate of inspection shall be five blueline tilefish per person per trip.
				The recreational harvest, landing, and possession limit for blueline tilefish
				for any person fishing from a for-hire vessel that has both a valid federal
				Tilefish Charter/Party Permit and a current U.S. Coast Guard certificate of
				inspection shall be seven blueline tilefish per person per trip.
C. The recreational harvest, landing, and
				possession limit for grouper, as described in
				4VAC20-1120-20, shall be one fish.
				It shall be unlawful for any person to recreationally harvest, land, or possess
				more than one grouper within or outside of Virginia tidal waters.
D. When fishing recreationally from any boat
				or vessel, where the entire catch is held in a common hold or container, the
				boat or vessel possession limit for any species described in subsection A or B
				of this section shall be equal to the sum of the personal possession limits, as
				described in subsection A or B of this section, of those persons on board
				legally eligible to fish. The captain or operator of the boat or vessel shall
				be responsible for any boat or vessel possession limits.
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 1120 - PERTAINING TO TILEFISH AND GROUPER › Section 4VAC20-1120-31

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 1120 - PERTAINING TO TILEFISH AND GROUPER › Section 4VAC20-1120-32

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 1120 - PERTAINING TO TILEFISH AND GROUPER › Section 4VAC20-1120-35 - Recreational blueline tilefish season

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person fishing recreationally to
				  harvest or possess any blueline tilefish from January 1 through May 14 and from
				  November 16 through December 31.
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 1120 - PERTAINING TO TILEFISH AND GROUPER › Section 4VAC20-1120-40 - Commercial limitations

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
				be unlawful for any person harvesting tilefish when commercial fishing, as
				described in
				4VAC20-1120-20, to do
				any of the following:
1. Possess aboard any
				vessel in Virginia waters any amount of tilefish species in excess of 500
				pounds whole weight or 455 pounds gutted weight, except as described in
				subdivision 2 of this subsection.
2. Possess aboard any vessel in Virginia
				waters any amount of blueline tilefish in excess of 300 pounds whole weight or
				273 pounds gutted weight.
3.
				Possess aboard any vessel any amount of golden tilefish during any in-season
				closure announced by the National Marine Fisheries Service.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1120 - PERTAINING TO TILEFISH AND GROUPER › Section 4VAC20-1120-50 - 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 1120 - PERTAINING TO TILEFISH AND GROUPER › Form - FORMS (4VAC20-1120)

Current through Register Vol. 40, No. 24, July 15, 2024
2018
				  Recreational/Charter Reporting Form (rev. 8/2018)
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 1130 - GENERAL PERMIT NO. 4 FOR TEMPORARY PROTECTIVE ENCLOSURES FOR SHELLFISH › Section 4VAC20-1130-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish a general permit
				  for the use of temporary protective enclosures for the propagation of oysters
				  and clams, including a notification process and special conditions necessary
				  for the protection of public safety, navigation, natural resources, and the
				  environment.
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 1130 - GENERAL PERMIT NO. 4 FOR TEMPORARY PROTECTIVE ENCLOSURES FOR SHELLFISH › Section 4VAC20-1130-20 - 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:
"Submerged aquatic vegetation" or "SAV" means any rooted,
				  vascular submerged plants such as eelgrass (Zostera marine), widgeon grass
				  (Ruppia maritima), or other species commonly found in the Chesapeake Bay and
				  its tributaries.
"Temporary protective enclosure" means a cage, rack, tray, or
				  other similar device for holding and protecting oysters or clams.
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 1130 - GENERAL PERMIT NO. 4 FOR TEMPORARY PROTECTIVE ENCLOSURES FOR SHELLFISH › Section 4VAC20-1130-40 - General conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				general permit established by this chapter grants no authorizations to the
				permittee to encroach upon the property rights, including riparian rights, of
				others.
B. Authorized agents of the
				commission shall have the right to enter upon the premises at reasonable times
				for the purpose of inspecting the work being done pursuant to this
				permit.
C. This general permit
				shall not be transferred without written consent of the commissioner.
D. The permittee shall minimize the adverse
				effects of the project upon adjacent properties and wetlands and upon the
				natural resources of the Commonwealth.
E. This permit may be revoked at any time by
				the commissioner upon the failure of the permittee to comply with any of the
				terms and conditions hereof.
F.
				There is expressly excluded from the permit any portion of the waters within
				the boundaries of the Baylor Survey.
G. The issuance of this permit does not
				confer upon the permittee any interest or title to the beds or waters of the
				Commonwealth.
H. All structures
				authorized by this permit that are not maintained in good repair shall be
				completely removed from state-owned bottom within five business days after
				written notification by the commissioner.
I. This permit authorizes no claim to
				archaeological or historic artifacts that may be encountered during the
				placement of temporary protective enclosures. If, however, archaeological
				remains are encountered, the permittee agrees to notify the commissioner who
				will in turn notify the Department of Historic Resources and the Virginia
				Institute of Marine Science. The permittee further agrees to cooperate with
				agencies of the Commonwealth in the recovery of archaeological remains if
				deemed necessary.
J. The permittee
				agrees to indemnify and save harmless the Commonwealth of Virginia from any
				liability arising from the establishment, operation or maintenance of said
				project.
K. The public shall not be
				excluded from any space not physically occupied by the authorized temporary
				protective enclosures.
L. This
				permit does not obviate the need to obtain other federal, state, or local
				authorizations required by law or 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 1130 - GENERAL PERMIT NO. 4 FOR TEMPORARY PROTECTIVE ENCLOSURES FOR SHELLFISH › Section 4VAC20-1130-60 - General permit fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon
				approval of the notification to use temporary protective enclosures, the
				applicant shall pay to the commission the following fee:
1. For up to 500 structures, $125.
2. For over 500 but not more than 1,000
				structures, $250.
3. For over 1,000
				but not more than 2,500 structures, $625.
4. For over 2,500 structures,
				$1,000.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1130 - GENERAL PERMIT NO. 4 FOR TEMPORARY PROTECTIVE ENCLOSURES FOR SHELLFISH › Section 4VAC20-1130-70 - 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, 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 1140 - PROHIBITION OF CRAB DREDGING IN VIRGINIA WATERS (REPEALED) › Section 4VAC20-1140-10

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 1140 - PROHIBITION OF CRAB DREDGING IN VIRGINIA WATERS (REPEALED) › Section 4VAC20-1140-20

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 1140 - PROHIBITION OF CRAB DREDGING IN VIRGINIA WATERS (REPEALED) › Section 4VAC20-1140-30

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 1150 - PERTAINING TO CHARTER BOAT AND HEAD BOAT FISHERIES (REPEALED) › Section 4VAC20-1150-10

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 1150 - PERTAINING TO CHARTER BOAT AND HEAD BOAT FISHERIES (REPEALED) › Section 4VAC20-1150-20

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 1170 - REQUIREMENTS RELATED TO THE PURCHASE OF FISH FROM THE CATCHER › Section 4VAC20-1170-10 - Certified scale required

Current through Register Vol. 40, No. 24, July 15, 2024
Any person, business, or corporation, licensed to purchase
				  fish, shellfish, or marine organisms from the catcher, as required by §
				  28.2-228 of the Code of Virginia, that is engaged in the transfer, off-loading,
				  or purchase, from the catcher of fish, shellfish, or marine organisms that are
				  regulated by a harvest weight limit or quota, possession weight limit, or
				  landing weight limit shall use and maintain a certified scale to weigh those
				  fish, shellfish, or marine organisms. The scale used by the person, business or
				  corporation shall be certified as accurate by the Virginia Commissioner of
				  Agriculture and Consumer Services. Annually, the person, business, or
				  corporation licensed by § 28.2-228 shall provide a signed statement to the
				  commission verifying that the weight is determined by use of a scale certified
				  as accurate by the Virginia Commissioner of Agriculture and Consumer Services
				  and shall post a copy of that signed statement at the place of transfer,
				  off-loading, or purchase.
Statutory Authority
§ 28.2-207 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1170 - REQUIREMENTS RELATED TO THE PURCHASE OF FISH FROM THE CATCHER › Section 4VAC20-1170-20 - 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
§ 28.2-207 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1180 - PERTAINING TO FISHING GUIDES, CHARTER BOAT, AND HEAD BOAT FISHERIES › Section 4VAC20-1180-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish conditional or
				  limited sale of licenses and permits for fishing guides, charter boats, and
				  head boats for effective fishery management. This chapter establishes the
				  enforcement boundaries for freshwater and saltwater licenses for the for-hire
				  industry.
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 1180 - PERTAINING TO FISHING GUIDES, CHARTER BOAT, AND HEAD BOAT FISHERIES › Section 4VAC20-1180-20 - 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:
"Captain" means the person licensed by the U.S. Coast Guard
				  to carry passengers for hire who operates the charter boat or head boat.
"Charter boat permit" or "head boat permit" means the permit
				  for the charter boat or head boat that allows the charter boat or head boat
				  passengers to fish.
"Class A fishing guide license" means the license that allows
				  charter boat or head boat operators to fish in Virginia and apply for
				  reciprocity in Maryland.
"Class B fishing guide license" means the license that allows
				  charter boat or head boat operators to fish only in Virginia waters .
"Fishing guide reciprocity permit" means a cost-free permit
				  that is required for any charter boat or head boat operator licensed as a
				  Maryland fishing guide who fishes in Virginia waters under the Chesapeake Bay
				  Saltwater License Reciprocity Agreement.
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 1180 - PERTAINING TO FISHING GUIDES, CHARTER BOAT, AND HEAD BOAT FISHERIES › Section 4VAC20-1180-30 - Fishing guide license and charter boat and head boat permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. Either a Class A
				fishing guide license or Class B fishing guide license or a fishing guide
				reciprocity permit shall be required for a charter boat or head boat captain
				operating for hire in the waters of the Commonwealth under the jurisdiction of
				the Marine Resources Commission, pursuant to 4VAC20-1180-70.
B. A charter boat or head boat permit or a
				fishing guide reciprocity permit shall be required for any registered or
				documented charter boat or head boat operating for hire in the waters of the
				Commonwealth under the jurisdiction of the Marine Resources Commission,
				pursuant to 4VAC20-1180-70.
C. A
				fishing guide reciprocity permit can be obtained at no cost provided the
				applicant furnishes copies of the applicant's Maryland fishing guide license ,
				U.S. Coast Guard license, and vessel documentation or registration.
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 1180 - PERTAINING TO FISHING GUIDES, CHARTER BOAT, AND HEAD BOAT FISHERIES › Section 4VAC20-1180-40 - Limited sale of the Class A fishing guide license and conditional sale of the Class B fishing guide license

Current through Register Vol. 40, No. 24, July 15, 2024
A. To obtain a Class A guide license the
				applicant shall submit to the Marine Resources Commission a For-Hire
				Application and a copy of the applicant's valid U.S. Coast Guard license.
1. A Class A fishing guide licensee shall be
				required to purchase a Class A fishing guide license annually to maintain
				eligibility to purchase a Class A fishing guide license for the following year.
				If a Class A fishing guide license is not purchased annually, then the
				applicant shall reapply using a New Class A Fishing Guide License Applicant
				Form.
2. The number of Class A
				fishing guide licenses sold in any one year shall not exceed 240 for residents
				of Virginia and 38 for nonresidents
3. If the number of applicants exceeds the
				number of available licenses in any calendar year, those applicants shall be
				placed on a wait list. If there are any vacant licenses due to loss of
				eligibility, those licenses shall be filled by persons from the wait list in
				the order of listing. If the person from the wait list fails to purchase the
				Class A fishing guide license within 14 days, the applicant forfeits
				eligibility for the current calendar year, and the next person shall be
				selected from the wait list.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1180 - PERTAINING TO FISHING GUIDES, CHARTER BOAT, AND HEAD BOAT FISHERIES › Section 4VAC20-1180-50 - Transfers of a Class A fishing guide license

Current through Register Vol. 40, No. 24, July 15, 2024
A. A Class A fishing guide license may be
				transferred from the current licensee to another person with the approval of
				the Commissioner of Marine Resources as follows:
1. A temporary transfer shall authorize the
				person replacing the original Class A fishing guide licensee to serve as a
				fishing guide from the date of the transfer to the end of the calendar year,
				and following that time period, the original Class A fishing guide licensee
				shall retain eligibility for a fishing guide license.
2. A permanent transfer authorizes the person
				replacing the original licensee to serve as a fishing guide for as long as they
				continue to qualify for the license, and the original licensee shall lose
				eligibility for a Class A fishing guide license in future years.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1180 - PERTAINING TO FISHING GUIDES, CHARTER BOAT, AND HEAD BOAT FISHERIES › Section 4VAC20-1180-60

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 1180 - PERTAINING TO FISHING GUIDES, CHARTER BOAT, AND HEAD BOAT FISHERIES › Section 4VAC20-1180-70 - Delineation of enforcement boundaries for freshwater and saltwater licenses

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful to operate as a captain on a charter or
				  head boat without the corresponding licenses from the Marine Resources
				  Commission in the following waters:
1.
				Potomac River: the tidal portions of all Virginia tributaries entering
				downstream of the Route 301 Bridge;
2. Rappahannock River: the mainstem and all
				tributaries of the Rappahannock River downstream of the Route 360
				Bridge;
3. Piankatank River: the
				mainstem and all tributaries of the Piankatank River downstream of the first
				set of power lines immediately upriver of Anderson Point;
4. York River (including the Mattaponi and
				the Pamunkey Rivers): the mainstem and all tributaries of the York River
				downstream of the abutments of the old Route 33 Bridges; and
5. James River: the mainstem and all
				tributaries of the James River downstream of a line connecting Hog Point and
				the downstream shoreline at the mouth of College Creek.
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 1180 - PERTAINING TO FISHING GUIDES, CHARTER BOAT, AND HEAD BOAT FISHERIES › Section 4VAC20-1180-80 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in § 28.2-903 of the Code of Virginia, any
				  individual 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 individual within 12 months of a prior violation
				  is a Class 1 misdemeanor.
NOTICE: The following forms used in administering the
				  regulation have been filed by the agency. Amended or added forms are reflected
				  in the listing and are published following the listing. Online users of this
				  issue of the Virginia Register of Regulations may also click on the name to
				  access a form. The forms are also available from the agency contact or may be
				  viewed at the Office of Registrar of Regulations, 900 East Main Street, 11th
				  Floor, Richmond, Virginia 23219.
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 1180 - PERTAINING TO FISHING GUIDES, CHARTER BOAT, AND HEAD BOAT FISHERIES › Form - FORMS (4VAC20-1180)

Current through Register Vol. 40, No. 24, July 15, 2024
For
				  Hire New Applicant or Renewal Form (eff. 1/2022)
New
				  Class A Fishing Guide License Applicant Form (filed
				  2/22/2022)
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 1190 - PERTAINING TO GILL NET CONTROL DATE › Section 4VAC20-1190-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish a control date
				  for conservation and management of the gill net fishery through limited
				  entry.
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 4VAC20-1190-15 - 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 indicates otherwise:
"Gill net" means all gill nets up to 600 feet, or all gill
				  nets over 600 feet and up to 1,200 feet, except any stake gill net of 1,200
				  feet in length or under with a fixed location.
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 4VAC20-1190-20 - Control date

Current through Register Vol. 40, No. 24, July 15, 2024
The commission hereby establishes December 31, 2005, as the
				  control date for management of all commercial gill net fisheries under its
				  jurisdiction. Participation by any individual in a gill net fishery after the
				  control date will not be considered in the calculation or distribution of gill
				  net rights should any entry limitations be established. Any individual entering
				  the gill net fishery after the control date will have no right to future
				  participation in the gill net fishery should any entry limitations be
				  established.
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 4VAC20-1190-30 - Limited entry and permits

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Either a Class A resident gill net permit, a Class A nonresident gill net
				permit, or a Class B gill net permit shall be required for a harvester before
				purchasing a gill net license.
B. A
				commercial fisherman is considered qualified for the Class A resident gill net
				permit if he is a resident of the Commonwealth of Virginia, possesses a valid
				Virginia Commercial Fisherman Registration License, and satisfies one of the
				following conditions:
1. Possessed a valid
				Virginia gill net license prior to December 31, 2005;
2. Possessed a valid Virginia gill net
				license and documented on Virginia mandatory reporting forms harvest from
				legally licensed gill nets for at least 100 days in any one year from 2006
				through 2008;
3. Possessed a valid
				Virginia gill net license and documented on Virginia mandatory reporting forms
				harvest from legally licensed gill nets for at least 60 days in any two years
				from 2006 through 2008.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1190 - PERTAINING TO GILL NET CONTROL DATE › Section 4VAC20-1190-40 - Permit limitations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Class A
				resident gill net permittees or Class A nonresident gill net permittees shall
				be authorized to purchase any number of gill net licenses provided the maximum
				footage associated with all purchased gill net licenses does not exceed 12,000
				feet.
B. Class B gill net
				permittees shall be authorized to purchase any number of gill net licenses
				provided the maximum footage associated with all purchased gill net licenses
				does not exceed 6,000 feet.
C. A
				person who does not qualify for either a Class A resident gill net permit,
				Class A nonresident gill net permit or Class B gill net permit shall not be
				authorized to purchase any gill net license.
D. A legal gill net permit shall be in the
				possession of any gill net permittee or his agent who is placing, setting, or
				fishing that permittee's gill net.
E. It shall be unlawful for more than one
				gill net limited entry permittee aboard any vessel at any time to set, place,
				or fish any gill nets, except those gill nets legally licensed to only one gill
				net permittee.
Statutory Authority
§ 28.2-201 of the Code of
					 Virginia.