Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 670 - PERTAINING TO RECREATIONAL GEAR LICENSES › Section 4VAC20-670-30 - Gear restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
				be unlawful for any person to use any gill net greater than 300 feet in length
				when licensed for recreational purposes under this chapter except as described
				in subsection B of this section. Any person licensed to use a recreational gill
				net up to 300 feet in length shall stay within 100 yards of such net when it is
				overboard. Failure to attend such net in this fashion is a violation of this
				chapter.
B. It shall be unlawful
				for any person to use any anchored gill net when licensed for recreational
				purposes under this chapter that is greater than 110 feet in length in any of
				the tidal waters upriver of the saltwater-freshwater boundaries. Any anchored
				gill net set or placed in areas upriver of the saltwater-freshwater boundaries
				shall be retrieved within one hour of setting or placing that gill net. Any
				person licensed to use a recreational anchored gill net shall stay within 100
				yards of such net when it is overboard. Failure to attend such net in this
				fashion is a violation of this chapter, and any unattended anchored gill net
				shall be confiscated by the marine police officer.
C. It shall be unlawful for any person to use
				more than five crab pots or more than two eel pots when licensed for
				recreational purposes under this chapter.
D. Any law or chapter applying to the setting
				or fishing of commercial gill nets, cast nets, dip nets, crab pots, crab traps,
				or crab trot lines shall also apply to the gear licensed under this chapter
				when set or fished for recreational purposes, except that (i) certain
				commercial gear used for recreational purposes shall be marked in accordance
				with the provisions described in
				4VAC20-670-40,
				and (ii) the daily time limits for commercial crab potting and peeler potting
				established in
				4VAC20-270-30
				shall not apply to the setting and fishing of recreational crab pots licensed
				under this chapter.
E. It shall be
				unlawful for any person to use any recreational gill net to catch and possess
				any species of fish whose commercial fishery is regulated by an annual harvest
				quota.
F. It shall be unlawful for
				any person using a recreational gill net, fish cast net, or fish dip net to
				take and possess more than the recreational possession limit for any species
				regulated by such a limit. When fishing from any boat, using gear licensed
				under this chapter, the total possession limit shall be equal to the number of
				persons on board legally eligible to fish multiplied by the individual
				possession limit for the regulated species, and the captain or operator of the
				boat shall be responsible for adherence to the possession limit.
G. It shall be unlawful for any person using
				a recreational gill net, fish cast net, or fish dip net to take and possess any
				fish that is less than the lawful minimum size established for that species.
				When the taking of any fish is regulated by different size limits for
				commercial and recreational fishermen, that size limit applicable to
				recreational fishermen or to hook-and-line fishermen shall apply to the taking
				of that species by persons licensed under this chapter.
H. It shall be unlawful for any person to use
				any ordinary crab trot line greater than 300 feet in length when licensed for
				recreational purposes under this chapter.
I. It shall be unlawful for any person
				licensed to use five crab pots under this chapter to fish those pots on Sunday
				or to fish those pots from September 16 through May 31.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.