reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1310 - PERTAINING TO JONAH CRAB › Section 4VAC20-1310-40 - Commercial fishery harvest, permits, possession limits, and reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful for any individual to take, catch, possess, or land any Jonah crab
				from gear other than lobster traps unless that individual possesses a Jonah
				Crab Incidental Commercial Permit.
1. Such
				permits shall only be issued to an individual who possesses (i) a valid federal
				lobster permit and (ii) either a Commercial Fisherman Registration License or a
				Seafood Landing License.
2. It
				shall be unlawful for any individual using gear or harvesting methods other
				than lobster traps to land or possess more than the incidental bycatch limit of
				1,000 Jonah crabs.
3. It shall be
				unlawful for any individual to possess any Jonah crab caught under the Jonah
				Crab Incidental Commercial Permit unless the weight of the target species on
				board the vessel is greater than the weight of the Jonah Crab in that
				individual's possession.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1310 - PERTAINING TO JONAH CRAB › Section 4VAC20-1310-50 - Daily recreational harvest and possession limits

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any individual fishing
				  recreationally to possess more than 50 Jonah crabs per individual per
				  day.
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 4VAC20-1310-60 - 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 1320 - PERTAINING TO ESTABLISHMENT OF RESTRICTED AREA - MARITIME ADMINISTRATION JAMES RIVER RESERVE FLEET › Section 4VAC20-1320-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to enhance the physical
				  security of the James River Reserve Fleet as part of a comprehensive plan to
				  protect the public, environment, and economic interests from sabotage and other
				  subversive acts, accidents, or incidents of a similar nature.
This regulation delineates an area within an undefined area
				  already designated by the federal government under
				  33 CFR
				  162.270 and provides the Virginia Marine
				  Police the authority to enforce Virginia law that prohibits entrance into
				  prohibited restricted areas.
Statutory Authority: §
											28.2-106.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1320 - PERTAINING TO ESTABLISHMENT OF RESTRICTED AREA - MARITIME ADMINISTRATION JAMES RIVER RESERVE FLEET › Section 4VAC20-1320-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words when used in this chapter shall have the
				  following meanings unless the context clearly indicates otherwise:
"Restricted area" means those waters within an area
				  beginning at latitude 37º08.4999992' N, longitude 76º38.4799994' W;
				  thence to latitude 37º07.1885596' N, longitude76º38.4395503 W; thence
				  to latitude 37º06.9585351' N, longitude 76º38.4331102' W; thence to
				  latitude 37º06.4202049' N, longitude 76º38.4158624' W; thence to
				  latitude 37º06.1150372' N, longitude 76º38.5271810' W; thence to
				  latitude 37º06.6400002' N, longitude 76º39.1899998' W; thence to
				  latitude 37º07.8999983' N, longitude 76º39.3400007' W; thence to
				  latitude 37º08.4999986' N, longitude 76º38.6299996' W; thence to
				  latitude 37º08.4999992' N, longitude 76º38.4799994' W, being the
				  point of beginning.
Statutory Authority: §
											28.2-106.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1320 - PERTAINING TO ESTABLISHMENT OF RESTRICTED AREA - MARITIME ADMINISTRATION JAMES RIVER RESERVE FLEET › Section 4VAC20-1320-30 - Prohibitions

Current through Register Vol. 40, No. 24, July 15, 2024
No vessel or other watercraft, except those owned or
				  controlled by the United States government or the Virginia Marine Police, shall
				  cruise or anchor within the restricted area as defined in 4VAC20-1320-20 any
				  closer than 500 feet of any reserve fleet unit or units unless specific
				  permission to do so has first been granted in each case by the Maritime
				  Administration James River Reserve Fleet.
Statutory Authority: §
											28.2-106.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1320 - PERTAINING TO ESTABLISHMENT OF RESTRICTED AREA - MARITIME ADMINISTRATION JAMES RIVER RESERVE FLEET › Section 4VAC20-1320-40 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in §
									28.2-106.2D of
				  the Code of Virginia, any person violating any provision of this chapter shall
				  be guilty of a Class I misdemeanor.
Statutory Authority: §
											28.2-106.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1320 - PERTAINING TO ESTABLISHMENT OF RESTRICTED AREA - MARITIME ADMINISTRATION JAMES RIVER RESERVE FLEET › Section 4VAC20-1320-50 - Duration of regulation

Current through Register Vol. 40, No. 24, July 15, 2024
This regulation will remain in effect until the federal rule
				  pertaining to this restricted area expires.
Statutory Authority: §
											28.2-106.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1330 - LIVING SHORELINE GROUP 2 GENERAL PERMIT FOR CERTAIN LIVING SHORELINE TREATMENTS INVOLVING SUBMERGED LANDS, TIDAL WETLANDS, OR COASTAL PRIMARY SAND DUNES AND BEACHES › Section 4VAC20-1330-10 - 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, sand dunes,
				  and beaches 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, so as to limit the potential for adverse impacts on the
				  environment and adjoining or nearby properties.
Approval under this general permit constitutes either the
				  commission or the local wetlands board authorization, or both, required in
				  accordance with Chapters 12 (§
									28.2-1200
				  et seq.), 13 (§
									28.2-1300 et seq.),
				  and 14 (§
									28.2-1400 et seq.) of
				  Title 28.2 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 requirements or authorizations 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 1330 - LIVING SHORELINE GROUP 2 GENERAL PERMIT FOR CERTAIN LIVING SHORELINE TREATMENTS INVOLVING SUBMERGED LANDS, TIDAL WETLANDS, OR COASTAL PRIMARY SAND DUNES AND BEACHES › Form - FORMS (4VAC20-1330)

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.
				  5/2017)
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1340 - FAST-TRACK PERMITTING PROGRAM FOR DISPOSAL OF DREDGED MATERIAL › Section 4VAC20-1340-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish the necessary
				  application requirements and review procedures for fast-track permitting of
				  dredging and dredged material disposal sites involving state-owned submerged
				  lands. Fast-track permitting shall be available only to local governments in
				  Tidewater Virginia, as "Tidewater Virginia" is defined in §
									28.2-100 of the Code
				  of Virginia.
Statutory Authority: §
											28.2-103
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1340 - FAST-TRACK PERMITTING PROGRAM FOR DISPOSAL OF DREDGED MATERIAL › Section 4VAC20-1340-30 - Applicability and procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Fast-track consideration of Joint Permit Applications for dredging projects and
				associated dredge material disposal sites involving state-owned submerged lands
				shall be provided to local governments in Tidewater Virginia when shoreline or
				open water placement of dredge material is preferable for habitat creation or
				development of living shoreline features or to enhance coastal
				resilience.
B. When placement of
				dredge material does not involve use of state-owned submerged lands, upland
				disposal sites must be identified in the Joint Permit Application.
C. To qualify for fast-track review, the
				applicant must submit to VMRC a request for fast-track review, a complete Joint
				Permit Application, the additional information identified in subsection D of
				this section, and any supplemental information deemed necessary by VMRC or the
				applicable wetlands board.
D. The
				application shall include a dredging plan, a dredged material placement plan,
				and the following additional information:
1.
				Geotechnical analysis of the material in the proposed channel to be dredged,
				unless the dredged material is sand with the same properties as the sand at the
				placement location and the placement location is adjacent to the dredge
				site;
2. Chemical analysis of the
				material to be dredged when VMRC determines chemical analysis is necessary due
				to the presence of known chemical contaminates;
3. Analysis of the benthic, marine, and
				fishery resources in the placement site;
4. Current recreational and commercial
				fishing activity in the proposed dredge and placement areas;
5. Any impact on historical artifacts in the
				proposed dredge and placement areas;
6. Any impact on other uses of the state
				waters and bottomlands at the dredge and placement sites; and
7. Anticipated environmental impact of the
				dredge material proposed for placement on (i) wetlands, dunes or beaches,
				submerged lands, and (ii) nearby benthic, marine, and fishery resources,
				including an assessment of any coastal resilience or beneficial ecological
				services provided by such placement.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1340 - FAST-TRACK PERMITTING PROGRAM FOR DISPOSAL OF DREDGED MATERIAL › Section 4VAC20-1340-40 - Fast-track limitations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Fast-track permitting shall not apply under the following conditions:
1. Placement of dredged material on SAV beds
				or where the dredged material will flow onto SAV beds.
2. Placement of dredged material on any
				oyster planting ground lease without written consent by the lessee.
3. Placement of dredged material, excluding
				sand, within 1,500 feet of an oyster planting ground lease without written
				consent by the lessee.
4. Placement
				of dredged material on sanctuary oyster reefs; natural oyster beds, rocks, or
				shoals; or where the dredged material will flow onto sanctuary oyster reefs or
				natural oyster beds, rocks, or shoals.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1340 - FAST-TRACK PERMITTING PROGRAM FOR DISPOSAL OF DREDGED MATERIAL › Form - FORMS (4VAC20-1340)

Current through Register Vol. 40, No. 24, July 15, 2024
Standard
				  Joint Permit Application (rev. 9/2018)
Statutory Authority: §
											28.2-103
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1350 - PERTAINING TO GENERAL OYSTER PLANTING GROUND LEASE RENEWAL FEE › Section 4VAC20-1350-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish the application
				  procedures and fee for the renewal of general oyster planting ground leases and
				  time limits to request a formal hearing concerning any denial of such
				  renewal.
Statutory Authority: §
											28.2-613 of the
					 Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1350 - PERTAINING TO GENERAL OYSTER PLANTING GROUND LEASE RENEWAL FEE › Section 4VAC20-1350-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following word or term when used in this chapter shall
				  have the following meaning, unless the context clearly indicates
				  otherwise:
"General oyster planting ground" means any lease granted for
				  the propagation of oysters or clams as defined under §
									28.2-603
				  of the Code of Virginia.
Statutory Authority: §
											28.2-613 of the
					 Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1350 - PERTAINING TO GENERAL OYSTER PLANTING GROUND LEASE RENEWAL FEE › Section 4VAC20-1350-30 - General oyster planting ground review form, fee, and denial

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each leaseholder
				shall complete an application for renewal of general oyster planting ground
				prior to the expiration of each 10-year lease term.
B. A nonrefundable fee for review of the
				renewal application, as authorized by §
									28.2-613 of the Code of
				Virginia, shall be $150 per lease. This fee shall be submitted with the
				completed application and both must be received or postmarked on or before the
				current 10-year lease expiration date.
C. The review for reassignment of a general
				oyster planting ground lease shall be conducted by the commissioner considering
				the requirements of §
									28.2-613 of the Code of Virginia
				and all lease use or production requirements contained within either regulation
				or guidance as approved by the commission. Failure to meet use or production
				requirements or failure to return the completed application and fee by the
				expiration date of the current 10-year term shall result in denial of the lease
				renewal.
D. The commissioner's
				decision to deny a lease renewal application shall be mailed by certified mail
				to the last known address for the applicant.
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 1350 - PERTAINING TO GENERAL OYSTER PLANTING GROUND LEASE RENEWAL FEE › Section 4VAC20-1350-40 - Request for formal hearing of lease renewal denial

Current through Register Vol. 40, No. 24, July 15, 2024
Any request for a formal hearing, pursuant to §
									28.2-216
				  of the Code of Virginia, to appeal a renewal application denied pursuant to
				  this chapter must be received or postmarked no later than 60 days from the date
				  that notice of the commissioner's decision is received.
NOTICE: Forms used in administering the regulation have been
				  filed by the agency. The forms are not being published; however, online users
				  of this issue of the Virginia Register of Regulations may click on the name of
				  a form with a hyperlink to access it. The forms are also available from the
				  agency contact or may be viewed at the Office of the Registrar of Regulations,
				  900 East Main Street, 11th Floor, Richmond, Virginia 23219.
Statutory Authority: §
											28.2-613 of the
					 Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1350 - PERTAINING TO GENERAL OYSTER PLANTING GROUND LEASE RENEWAL FEE › Form - FORMS (4VAC20-1350)

Current through Register Vol. 40, No. 24, July 15, 2024
Oyster Planting Ground Lease Renewal Application, online web
				  application (filed 3/2024)
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 1360 - PERTAINING TO COMMERCIAL ELECTROFISHING › Section 4VAC20-1360-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this regulation is to sustainably manage
				  populations of nonnative catfish species through the creation of a
				  low-frequency electrofishing gear license.
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 1360 - PERTAINING TO COMMERCIAL ELECTROFISHING › Section 4VAC20-1360-20 - 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:
"Agent" means any individual who possesses the Commercial
				  Fisherman Registration License, fishing gear license, or fishing permit of any
				  registered commercial fisherman in order to fish that commercial fisherman's
				  gear or sell that commercial fisherman's harvest.
"Blue catfish" means any fish of the nonnative species
				  Ictalurus furcatus.
"Commercial electrofishing fishery" means low-frequency
				  electrofishing and subsequent harvest by any individual where the harvest is
				  for sale, barter, trade, or any commercial purpose or is intended for sale,
				  barter, trade, or any commercial purpose.
"Electrofishing" means a method by which fish are immobilized
				  by an electrical field created by pulsing direct current at a frequency not
				  above 15 Hz.
"Flathead catfish" means any fish of the nonnative species
				  Pylodictis olivaris.
"Harvest area" means the waters of (i) the mainstem of the
				  James River, from the James River Bridge upstream to the southern point of
				  Turkey Island; (ii) the mainstem of the Pamunkey River, from the Route 33
				  Eltham Bridge upstream to the mouth of Matadequin Creek; and (iii) the mainstem
				  of the Rappahannock River, from the Route 360 Downing Bridge upstream to the
				  Route 301 James Madison Memorial Bridge.
"Snout" means the most forward projection from a fish's head
				  that includes the upper and lower jaw.
"Total length" means the length of a fish measured from the
				  most forward projection of the snout, with the mouth closed, to the tip of the
				  longer lobe of the tail (caudal) fin, measured with the tail compressed along
				  the midline, using a straight-line measure, not measured over the curve of the
				  body.
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 1360 - PERTAINING TO COMMERCIAL ELECTROFISHING › Section 4VAC20-1360-30 - Licensing and entry requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The maximum number of Commercial
				Electrofishing Licenses issued in any calendar year shall be three.
B. Any individual who meets all of the
				following criteria shall be eligible for a Commercial Electrofishing License:
1. The individual shall possess a valid
				Commercial Fisherman Registration License.
2. The individual shall complete a Commercial
				Electrofishing Application that shall be received by the Marine Resources
				Commission by the first of February of the current calendar year.
3. The individual shall meet one of the
				following criteria:
a. The individual shall
				have operated electrofishing equipment as the applicant on a Virginia-issued
				Scientific Collection Permit.
b.
				The individual shall have possessed a Commercial Electrofishing License and
				reported harvest of at least 100 pounds by electrofishing gear to the Marine
				Resource Commission's Mandatory Harvest Reporting System in the previous
				calendar year.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1360 - PERTAINING TO COMMERCIAL ELECTROFISHING › Section 4VAC20-1360-40 - Prohibitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful for any individual to harvest any fish immobilized by commercial
				electrofishing gear without possessing a Commercial Fisherman Registration
				License and Fish Dip Net License or a Commercial Electrofishing
				License.
B. It shall be unlawful
				for any individual in the commercial electrofishing fishery to:
1. Take, harvest, or possess any species
				other than blue catfish or flathead catfish.
2. Take, harvest, or possess any blue catfish
				greater than 25 inches in total length, except that up to 12 blue catfish per
				trip may be between 25 and 28 inches in total length.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1360 - PERTAINING TO COMMERCIAL ELECTROFISHING › Section 4VAC20-1360-50 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in §
									28.2-903
				  of the Code of Virginia, any 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.
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 1360 - PERTAINING TO COMMERCIAL ELECTROFISHING › Section 4VAC20-1360-60 - Sanctions

Current through Register Vol. 40, No. 24, July 15, 2024
Any individual found guilty of violating any provision of
				  this chapter may have his Commercial Electrofishing License revoked at any time
				  upon review by the commission as provided for in §
									28.2-232
				  of the Code of Virginia.
NOTICE: Forms used in administering the regulation have been
				  filed by the agency. The forms are not being published; however, online users
				  of this issue of the Virginia Register of Regulations may click on the name of
				  a form with a hyperlink to access it. The forms are also available from the
				  agency contact or may be viewed at the Office of the 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 1360 - PERTAINING TO COMMERCIAL ELECTROFISHING › Form - FORMS (4VAC20-1360)

Current through Register Vol. 40, No. 24, July 15, 2024
VMRC
				  Commercial Electrofishing Lottery Application Form (eff.
				  12/2019)
VMRC
				  Commercial Electrofishing Application Form (eff. 12/2019)
VMRC
				  Commercial Electrofishing License Acceptance Form (undated, filed
				  12/18/2019)
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 1370 - PERTAINING TO ATLANTIC CROAKER › Section 4VAC20-1370-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to conserve and protect
				  Atlantic croaker stocks in Virginia waters and to be consistent with federal
				  and interstate management measures.
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 1370 - PERTAINING TO ATLANTIC CROAKER › Section 4VAC20-1370-20 - 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:
"Atlantic croaker" means any fish of the species
				  Micropogonias undulatus.
"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 vessel" or "for-hire vessel" means a vessel
				  operating with a captain who possesses either a Class A Fishing Guide License,
				  Class B Fishing Guide License, or Fishing Guide Reciprocity Permit.
"Mate" means any person designated to assist on the charter
				  vessel or for-hire vessel.
"Recreational vessel" means any vessel, kayak, charter
				  vessel, or headboat fishing recreationally.
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 1370 - PERTAINING TO ATLANTIC CROAKER › Section 4VAC20-1370-30 - Recreational harvest limit

Current through Register Vol. 40, No. 24, July 15, 2024
A. It
				shall be unlawful for any person fishing recreationally with any gear type to
				harvest or possess more than 50 Atlantic croaker per day.
B. When fishing from a recreational vessel,
				the possession limit shall be equal to the number of persons on board who are
				legally eligible to fish multiplied by the personal possession limits as
				described in subsection A of this section. The operator of the recreational
				vessel shall be responsible for any recreational vessel possession
				limit.
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 1370 - PERTAINING TO ATLANTIC CROAKER › Section 4VAC20-1370-40 - Charter and for-hire live bait limit

Current through Register Vol. 40, No. 24, July 15, 2024
When intended for use as live bait for a charter or for-hire
				  vessel, it shall be unlawful to possess more than 50 live Atlantic croaker for
				  bait per day, multiplied by the customer capacity of the charter or for-hire
				  vessel.
1. The customer capacity of
				the charter vessel shall not include any person who is the captain or a
				mate.
2. The captain of the charter
				or for-hire vessel shall be responsible for any charter or for-hire live bait
				limit.
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 1370 - PERTAINING TO ATLANTIC CROAKER › Section 4VAC20-1370-50 - Commercial fishery

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person fishing commercially with
				  any gear type to harvest or land any Atlantic croaker before January 15 of the
				  current calendar year.
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 1370 - PERTAINING TO ATLANTIC CROAKER › Section 4VAC20-1370-60 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in §
									28.2-903
				  of the Code of Virginia, any 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.
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 1380 - PERTAINING TO SPOT › Section 4VAC20-1380-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to conserve and protect spot
				  stocks in Virginia waters and to be consistent with federal and interstate
				  management measures.
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 1380 - PERTAINING TO SPOT › Section 4VAC20-1380-20 - 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:
"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 vessel" or "for-hire vessel" means a vessel
				  operating with a captain who possesses either a Class A Fishing Guide License,
				  Class B Fishing Guide License, or Fishing Guide Reciprocity Permit.
"Mate" means any person designated to assist on the charter
				  vessel or for-hire vessel.
"Recreational vessel" means any vessel, kayak, charter
				  vessel, or headboat fishing recreationally.
"Spot" means any fish of the species Leiostomus
				  xanthurus.
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 1380 - PERTAINING TO SPOT › Section 4VAC20-1380-30 - Recreational harvest limit

Current through Register Vol. 40, No. 24, July 15, 2024
A. It
				shall be unlawful for any person fishing recreationally with any gear type to
				harvest or possess more than 50 spot per day.
B. When fishing from a recreational vessel,
				the possession limit shall be equal to the number of persons on board who are
				legally eligible to fish multiplied by the personal possession limits as
				described in subsection A of this section. The operator of the recreational
				vessel shall be responsible for any recreational vessel possession
				limit.
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 1380 - PERTAINING TO SPOT › Section 4VAC20-1380-40 - Charter and for-hire live bait limit

Current through Register Vol. 40, No. 24, July 15, 2024
When intended for use as live bait for a charter or for-hire
				  vessel, it shall be unlawful to possess more than 50 live spot for bait per
				  day, multiplied by the customer capacity of the charter or for-hire
				  vessel.
1. The customer capacity of
				the charter vessel shall not include any person who is the captain or a
				mate.
2. The captain of the charter
				or for-hire vessel shall be responsible for any charter or for-hire live bait
				limit.
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 1380 - PERTAINING TO SPOT › Section 4VAC20-1380-50 - Commercial fishery

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person fishing commercially with
				  any gear type to harvest or land any spot before April 15 or after December 8
				  of the current calendar year.
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 1380 - PERTAINING TO SPOT › Section 4VAC20-1380-60 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in §
									28.2-903
				  of the Code of Virginia, any 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 osf 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 1390 - PERTAINING TO SHRIMP › Section 4VAC20-1390-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this regulation is to sustainably develop and
				  manage shrimp fisheries in an ecologically conservative manner in the waters 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 1390 - PERTAINING TO SHRIMP › Section 4VAC20-1390-20 - 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:
"Agent" means an individual who possesses the Commercial
				  Fisherman Registration License, fishing gear license, or fishing permit of any
				  registered commercial fisherman in order to fish that commercial fisherman's
				  gear or sell that commercial fisherman's harvest.
"Commission" means the Virginia Marine Resources
				  Commission.
"Fishing year" means the time period from October 1 of the
				  current calendar year through January 31 of the following calendar year.
"Heads-on" means any shrimp possessed, landed, or sold with
				  the head (carapace) intact.
"Shrimp" means any native penaeid shrimp species, including
				  white shrimp (Penaeus setiferus), brown shrimp (Penaeus aztecus), pink shrimp
				  (Penaeus duorarum), or the nonnative tiger shrimp (Penaeus monodon).
"Tails" means any shrimp possessed, landed, or sold with the
				  head (carapace) removed.
"Virginia Beach Shrimp Trawl Harvest Area" means all tidal
				  waters of the Atlantic Ocean that are bounded by a line beginning at a point on
				  the Three Nautical Mile Limit, Latitude 36° 55.5436667' N, Longitude
				  75° 55.9015000' W; thence southerly following the Three Nautical Mile Limit
				  to an intersection point on the Virginia-North Carolina state line, Latitude
				  36° 33.0224955' N, Longitude 75° 48.2662043' W; thence westerly to a
				  point along the Virginia-North Carolina state line at its intersection with the
				  mean low water line, Latitude 36° 33.0224003' N, Longitude 75°
				  52.0510498' W; thence northerly, following the mean low water line to the Rudee
				  Inlet weir; thence easterly along the weir to the stone breakwater; thence
				  following the stone breakwater to its northernmost point; thence northerly to
				  the mean low water line at the most northeastern point of the northern stone
				  jetty; thence westerly along the mean low water line of said stone jetty to the
				  mean low water line along the shore; thence northerly following the mean low
				  water line to a point, Latitude 36° 55.5781102' N, Longitude 76°
				  00.1530758' W, said point being the intersection of the mean low water line
				  with the line from Cape Henry Lighthouse easterly to a point on the Three
				  Nautical Mile Limit, Latitude 36° 55.5436667' N, Longitude 75°
				  55.9015000' W, said point being the point of beginning.
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 1390 - PERTAINING TO SHRIMP › Section 4VAC20-1390-30 - Recreational fishing: general

Current through Register Vol. 40, No. 24, July 15, 2024
A. It
				shall be unlawful for any person fishing recreationally to take, attempt to
				take, catch, harvest, land, or possess shrimp by any gear or method not
				authorized for recreational use or without a recreational fishing license as
				described in §§
									28.2-302.1
				and
				28.2-226.1
				of the Code of Virginia.
B. The
				daily recreational possession limit for shrimp shall be 20 quarts of shrimp
				with heads-on or 15 quarts of tails of shrimp per person or vessel whichever is
				more restrictive.
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 1390 - PERTAINING TO SHRIMP › Section 4VAC20-1390-40 - Commercial fishing: general

Current through Register Vol. 40, No. 24, July 15, 2024
A. It
				shall be unlawful for any person to harvest or possess shrimp for commercial
				purposes without possessing a valid Commercial Fisherman Registration License
				and any necessary gear licenses or permits as required by Title 28.2 of the
				Code of Virginia.
B. It shall be
				unlawful for any commercial fisherman registration licensee to take, catch,
				harvest, land, or possess greater than 20 quarts of shrimp with heads-on or 15
				quarts of tails of shrimp per person or vessel per day by any gear other than
				trawl or cast net.
C. Registered
				commercial fishermen, seafood landing licensees, and licensed seafood buyers
				shall allow those authorized by the commission to observe shrimp fishing or to
				sample harvest and seafood products associated with shrimp fishing aboard a
				vessel or at the place of landing to obtain biological information for
				scientific and management purposes.
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 1390 - PERTAINING TO SHRIMP › Section 4VAC20-1390-50 - Shrimp trawl licensing and entry requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The maximum number of Commercial Shrimp
				Trawl Licenses issued in any fishing year shall be 12.
B. Any individual who meets all of the
				following criteria shall be eligible for a Commercial Shrimp Trawl License:
1. The individual shall possess a valid
				Commercial Fisherman Registration License.
2. The individual shall have possessed a
				Commercial Shrimp Trawl License and reported harvest of at least 500 pounds by
				shrimp trawl gear to the Marine Resources Commission's Mandatory Harvest
				Reporting Program in at least one of the previous two fishing years. An
				individual shall be exempt from this requirement if they have been eligible for
				the Commercial Shrimp Trawl License for fewer than two fishing years.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1390 - PERTAINING TO SHRIMP › Section 4VAC20-1390-60 - Shrimp trawl gear restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any shrimp trawl placed, set, or used for
				fishing in Virginia shall be constructed as follows:
1. With a beam or fixed frame opening no
				larger than 4.0 feet in height and 16 feet in width.
2. With a minimum net mesh of 1.5 inches and
				maximum net mesh of 2.0 inches stretched mesh.
3. With a properly installed National Marine
				Fisheries Service or North Carolina Division of Marine Fisheries approved
				bycatch reduction device.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1390 - PERTAINING TO SHRIMP › Section 4VAC20-1390-70 - Commercial shrimp trawl harvest limits, seasons, and areas

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful for any Commercial Shrimp Trawl Licensee to harvest or land any
				Virginia quota managed species (Black Drum, Black Sea Bass, Bluefish, Atlantic
				Horseshoe Crab, Atlantic Menhaden, Scup, Speckled Sea Trout, Spiny and Smooth
				Dogfishes, Striped Bass, and Summer Flounder) caught by shrimp trawl.
B. It shall be unlawful to trawl for shrimp
				outside of the Virginia Beach Shrimp Trawl Harvest Area.
C. It shall be unlawful for any Commercial
				Shrimp Trawl Licensee to harvest shrimp by shrimp trawl from February 1 through
				September 30 of each calendar year.
D. It shall be unlawful to trawl for shrimp
				more than 30 minutes before sunrise or 30 minutes after sunset.
E. It shall be unlawful to trawl for shrimp
				within 100 yards of any marked commercial fishing gear.
F. It shall be unlawful to trawl for shrimp
				within 300 yards of any navigable inlet, public boat ramp, fishing pier, or
				beach.
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 1390 - PERTAINING TO SHRIMP › Section 4VAC20-1390-80 - 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.
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 1390 - PERTAINING TO SHRIMP › Section 4VAC20-1390-90 - Sanctions

Current through Register Vol. 40, No. 24, July 15, 2024
Any individual found guilty of violating any provision of
				  this chapter may have his Commercial Shrimp Trawl License revoked at any time
				  upon review by the commission as provided for in §
									28.2-232
				  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 1390 - PERTAINING TO SHRIMP › Form - FORMS (4VAC20-1390)

Current through Register Vol. 40, No. 24, July 15, 2024
Shrimp
				  Trawl License Acceptance Form (eff. 8/2021)
Shrimp
				  Trawl Application Form (eff. 8/2021)
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 1400 - PERTAINING TO RED DRUM › Section 4VAC20-1400-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to protect the spawning stocks
				  of red drum, maintain the target fishing mortality rate, and increase yield in
				  the fishery. This chapter is designed to be consistent with federal and
				  interstate management measures.
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 1400 - PERTAINING TO RED DRUM › Section 4VAC20-1400-20 - 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.
"Red drum" means any fish of the species Sciaenops
				  ocellatus.
"Snout" means the most forward projection from a fish's head
				  that includes the upper and lower jaw.
"Total length" means the length of a fish measured from the
				  most forward projection of the snout, with the mouth closed, to the tip of the
				  longer lobe of the tail (caudal) fin, measured with the tail compressed along
				  the midline using a straight-line measure, not measured over the curve of the
				  body.
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 1400 - PERTAINING TO RED DRUM › Section 4VAC20-1400-30 - Recreational Size and Possession Limits

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person
				fishing recreationally with any gear type to take, catch, or possess any red
				drum less than 18 inches in total length or greater than 26 inches in total
				length.
B. It shall be unlawful for
				any person fishing recreationally with any gear type to possess more than three
				red drum.
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 1400 - PERTAINING TO RED DRUM › Section 4VAC20-1400-40 - Commercial Size and Possession Limits

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person
				fishing commercially with any gear type to take, catch, or possess any red drum
				less than 18 inches in total length or greater than 25 inches in total
				length.
B. It shall be unlawful for
				any person fishing commercially with any gear type to possess more than five
				red drum.
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 1400 - PERTAINING TO RED DRUM › Section 4VAC20-1400-50 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to §
									28.2-903
				  of the Code of Virginia, any person violating any provision of this chapter
				  shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation
				  of any provision of this chapter committed by the same person within 12 months
				  of a prior violation is a Class 1 misdemeanor.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.