Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 20 - PERTAINING TO THE LICENSING OF FIXED FISHING DEVICES › Section 4VAC20-20-20 - 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:
"Bottlenose Dolphin Pound Net Regulated Area" means all
				  Virginia marine waters of the Atlantic Ocean within three nautical miles (5.56
				  km) of shoreline and all adjacent tidal waters bounded on the north by the
				  Maryland-Virginia state line from 38° 00.85' N. latitude, 75° 22.70' W.
				  longitude seaward to 38° 02.03' N. latitude, 75° 09.80' W. longitude;
				  on the south by the North Carolina-Virginia state line from 36° 33.03' N.
				  latitude, 75° 48.27' W. longitude landward to 36° 33.02' N. latitude,
				  75° 52.05' W. longitude; and all waters of the mainstem of the Chesapeake
				  Bay, James River (Hampton Roads), York River, and Mobjack Bay; seaward of the
				  Hampton Roads Bridge-Tunnel (U.S. Route 60/I-64) on the James River; seaward of
				  the George P. Coleman Memorial Bridge (U.S. Route 17) on the York River; and
				  south of a line beginning at a point at 37° 19.0' N. latitude, 76°
				  26.75' W. longitude, a point on the Severn River fork, near Stump Point; thence
				  easterly to a point at 37° 19.0' N. latitude, 76° 13.0' W. longitude;
				  thence southerly to a point at 37° 13.0' N. latitude, 76° 13.0' W.
				  longitude; thence easterly to a point at 37° 13.0' N. latitude, 76°
				  00.75' W. longitude near Elliotts Creek.
"Fixed fishing device" means any fishing device used for the
				  purpose of catching fish and requiring the use of more than two poles or stakes
				  that have been pushed or pumped into the bottom.
"Fyke net" means a round stationary net distended by a series
				  of hoops or frames, covered by web netting or wire mesh and having one or more
				  internal funnel-shaped throats whose tapered ends are directed away from the
				  mouth of the net. The net, leader, or runner is held in place by stakes or
				  poles that have been pushed or pumped into the bottom and has one or two wings
				  and a leader or runner to help guide the fish into the net.
"Hard lay lines" mean lines that are at least as stiff as
				  5/16 inch (0.8 cm) diameter line composed of polyester wrapped around a blend
				  of polypropylene and polyethylene and 42 visible twists of strands per foot of
				  line.
"Modified pound net leader" means a pound net leader that is
				  affixed to or resting on the sea floor and made of a lower portion of mesh and
				  an upper portion of only vertical lines such that (i) the mesh size is equal to
				  or less than eight inches stretched mesh; (ii) at any particular point along
				  the leader, the height of the mesh, from sea floor to the top of the mesh, is
				  no more than one-third the depth of the water at mean low water directly above
				  that particular point; (iii) the mesh is held in place by a bottom chain that
				  forms the lowermost part of the pound net leader and the vertical lines extend
				  from the top of the mesh up to a top line, which is a line that forms the
				  uppermost part of the pound net leader; (iv) the vertical lines are equal to or
				  greater than 5/16 inch in diameter and strung vertically at a minimum of every
				  two feet; and (v) the vertical lines are hard lay lines .
"Nearshore pound net leader or nearshore pound net" means a
				  pound net that has every part of the leader, from the most offshore pole at the
				  pound end of the leader to the most inshore pole of the leader, in less than 14
				  feet (4.3 m) of water at any tidal condition.
"Officer" means the marine police officer in charge of the
				  district within which the fixed fishing device is located.
"Offshore pound net leader or offshore pound net" means a
				  pound net with any part of the leader, from the most offshore pole at the pound
				  end of the leader to the most inshore pole of the leader, in water greater than
				  or equal to 14 feet (4.3 m) at any tidal condition.
"Pound net" means a fixed entrapment gear attached to posts
				  or stakes with three continuous sections from offshore to inshore consisting of
				  (i) a pound made of mesh netting that entraps the fish; (ii) at least one heart
				  made of a mesh netting that is generally in the shape of a heart and aids in
				  funneling fish into the pound; and (iii) a leader, which is a long, straight
				  element consisting of mesh or vertical lines that directs the fish offshore
				  towards the pound.
"Pound Net Regulated Area I"means all waters of the mainstem
				  of the Chesapeake Bay, James River (Hampton Roads), York River, and Mobjack Bay
				  west of the Chesapeake Bay Bridge-Tunnel (U.S. Route 17); seaward of the
				  Hampton Roads Bridge-Tunnel (U.S. Route 60/I-64) on the James River; seaward of
				  the George P. Coleman Memorial Bridge (U.S. Route 17) on the York River; and
				  south of a line beginning at a point 37° 19.0' N. latitude, 76° 26.75'
				  W. longitude, a point on the Severn River fork, near Stump Point; thence
				  easterly to a point at 37° 19.0' N. latitude, 76° 13.0' W. longitude;
				  thence southerly to a point at 37° 13.0' N. latitude, 76° 13.0' W.
				  longitude; thence easterly to a point at 37° 13.0' N. latitude, 76°
				  00.75' W. longitude near Elliotts Creek.
"Pound Net Regulated Area II" means all waters of the
				  mainstem of the Chesapeake Bay, James River (Hampton Roads), York River,
				  Mobjack Bay, Piankatank River, Rappahannock River, and the Great Wicomico
				  River, outside of Pound Net Regulated Area I, south of 37° 07' N. latitude
				  from Kiptopeake to Smith Island, Northampton County; west of the COLREGS Line
				  at the mouth of the Chesapeake Bay; seaward of the Hampton Roads Bridge-Tunnel
				  (U.S. Route 60/I-64); seaward of the George P. Coleman Memorial Bridge (U.S.
				  Route 17); seaward of the John Andrew Twigg Bridge (VA Route 3) on the
				  Piankatank River; seaward of the Robert Opie Norris Bridge (VA Route 3) on the
				  Rappahannock River; seaward of the Jessie Dupont Memorial Bridge (VA Route 200)
				  on the Great Wicomico River; and south of the Maryland-Virginia state
				  line.
"Staked gill net" means a fixed fishing device consisting of
				  an upright fence of netting fastened to poles or stakes that have been pushed
				  or pumped into the bottom.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.