reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 252 - PERTAINING TO ATLANTIC STRIPED BASS › Section 4VAC20-252-110 - Coastal area striped bass recreational fishery

Current through Register Vol. 40, No. 24, July 15, 2024
A. The open seasons for the coastal area
				striped bass recreational fishery shall be January 1 through March 31 and May
				16 through December 31, inclusive.
B. The minimum size limit shall be 28 inches
				total length.
C. The maximum size
				limit shall be 31 inches total length.
D. The daily possession limit shall be one
				fish per person.
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 252 - PERTAINING TO ATLANTIC STRIPED BASS › Section 4VAC20-252-120 - Concerning commercial fishing: general

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person to
				engage in the commercial fishery for striped bass without first having the
				necessary commercial fisherman's registration license and appropriate gear
				license as required by Title 28.2 of the Code of Virginia and the special
				permit to fish for striped bass established in
				4VAC20-252-130, except as provided
				in subsection G of
				4VAC20-252-160.
B. It shall be unlawful for any person
				fishing commercially to possess any striped bass taken outside any open
				commercial season or area or with gear inapplicable to the season and area as
				specified in
				4VAC20-252-140. Any striped bass
				caught contrary to this provision shall be returned to the water
				immediately.
C. It shall be
				unlawful for any person while actively fishing pursuant to a commercial fishery
				to possess any striped bass that is less than the minimum size limit applicable
				for the area and season then open and being fished. Any striped bass caught
				that does not meet the applicable minimum size limit shall be returned to the
				water immediately.
D. All striped
				bass in the possession of any person for the purpose of sale must be identified
				with a tamper-evident sealed tag that has been approved and issued by the
				appropriate authority in the jurisdiction of capture. Whole striped bass shall
				have tags attached directly to the fish. Processed or filleted striped bass
				must be accompanied by the tags removed from the fish when processed. Any
				person who possesses any amount of striped bass in excess of the maximum number
				allowed for a licensed recreational fisherman as described in
				4VAC20-252-60 through
				4VAC20-252-110 shall be considered
				as possessing all striped bass for the purpose of sale. When any person
				possesses striped bass in excess of the maximum number allowed a licensed
				recreational fisherman, all striped bass of said person shall be tagged, and
				the possession of any untagged striped bass shall be prima facie evidence of a
				violation of this chapter and subject to the provisions of
				4VAC20-252-160 H and I and
				4VAC20-252-230.
E. When the striped bass are in the
				possession of any person other than the original harvester for the purpose of
				resale, the striped bass shall be accompanied by a bill of sale, which shall
				include the name of the seller, the permit or license number of the seller if
				such permit or license is required in the jurisdiction of harvest, the date of
				sale, the pounds of striped bass in possession, the location of catch, and the
				gear type used to harvest the striped bass. If the striped bass product for
				sale is fillets, the bill of sale shall also specify the number of
				fillets.
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 252 - PERTAINING TO ATLANTIC STRIPED BASS › Section 4VAC20-252-130 - Entry limits, permits, and reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. There is established a special permit for
				engaging in either the Chesapeake Bay area commercial fishery for striped bass
				or the coastal area commercial fishery for striped bass. It shall be unlawful
				for any person to engage in either commercial fishery for striped bass without
				first having obtained the permit from the commission and meeting the following
				conditions:
1. The person shall be a licensed
				registered commercial fisherman.
2.
				The person shall have reported all prior fishing activity in accordance with
				4VAC20-610 and shall not be under any sanction by the Marine Resources
				Commission for noncompliance with the regulation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 252 - PERTAINING TO ATLANTIC STRIPED BASS › Section 4VAC20-252-135 - Gill net mesh size and tending restrictions: exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any registered
				commercial fisherman who is harvesting striped bass from the coastal area in
				accordance with
				4VAC20-252-130
				A and C and sets or fishes any gill net in the coastal area shall be prohibited
				from using a gill net mesh size greater than nine inches in stretched
				mesh.
B. Any registered commercial
				fisherman who is harvesting striped bass from the coastal area in accordance
				with
				4VAC20-252-130
				A and C and sets or fishes any gill net in the coastal area shall be exempt
				from the maximum gill net mesh size requirements during November and December
				as described in
				4VAC20-430-65
				A and B.
C. Any registered
				commercial fisherman who is harvesting striped bass from the coastal area in
				accordance with
				4VAC20-252-130
				A and C and sets or fishes any gill net seven inches or greater in stretched
				mesh in the coastal area shall be exempt from the tending requirements
				described in
				4VAC20-430-65
				E and F during the months of November and December.
D. Any registered commercial fisherman who is
				harvesting striped bass from the coastal area in accordance with
				4VAC20-252-130
				A and C shall display an optic yellow flag issued by the commission while
				fishing for striped bass in the coastal area and while transiting the coastal
				area before and after a striped bass fishing trip. This flag shall be
				prominently displayed on the starboard side of the vessel.
E. Any registered commercial fisherman who is
				harvesting striped bass from the Chesapeake Bay area in accordance with
				4VAC20-252-130
				A and C and sets or fishes any gill net in the Chesapeake Bay area shall be
				prohibited from using a gill net greater than seven inches in stretched mesh
				with the exception of restricted areas as defined in
				4VAC20-751-20.
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 252 - PERTAINING TO ATLANTIC STRIPED BASS › Section 4VAC20-252-140 - Commercial seasons, areas, and size limits

Current through Register Vol. 40, No. 24, July 15, 2024
Except as may be adjusted pursuant to
				  4VAC20-252-150,
				  the open commercial striped bass fishing seasons, areas, and applicable size
				  limits shall be as follows:
1. In the
				Chesapeake Bay area, the open commercial season shall be from January 16
				through December 31, inclusive. The minimum size limit shall be 18 inches total
				length during the periods of January 16 through December 31. The maximum size
				limit shall be 28 inches from March 15 through June 15.
2. In the coastal area, the open commercial
				season shall be January 16 through December 31, inclusive. The minimum size
				limit shall be 28 inches total length.
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 252 - PERTAINING TO ATLANTIC STRIPED BASS › Section 4VAC20-252-155 - Individual transferable shares monitoring and penalties

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any initial overage by any person of an
				individual commercial harvest quota during any calendar year shall be
				considered a first offense, with penalties prescribed according to the severity
				of the overage as described in subdivisions 1 through 5 of this subsection.
1. Any overages that are less than 76 pounds
				shall result in a warning being issued.
2. Any overages that range from 76 to 250
				pounds shall result in a one-year deduction of that overage from that
				individual commercial harvest quota during the following calendar
				year.
3. Any overages that range
				from 251 to 475 pounds shall result in a one-year deduction of two times that
				overage from that individual commercial harvest quota during the following
				calendar year.
4. Any overages that
				range from 476 to 725 pounds shall result in that overage being permanently
				deducted from that individual commercial harvest quota and a one-year
				suspension of that person from the commercial fishery for striped
				bass.
5. Any overages that are
				greater than 725 pounds shall result in the revocation of that individual
				striped bass permit, and that person shall not be eligible to apply for a like
				permit for a period of two years from the date of revocation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 252 - PERTAINING TO ATLANTIC STRIPED BASS › Section 4VAC20-252-160 - Individual transferable shares; tagging

Current through Register Vol. 40, No. 24, July 15, 2024
A. For each person permitted under the
				provisions of
				4VAC20-252-130
				to harvest striped bass commercially, a weight quota shall be issued to
				permitted fishermen in amounts equal to the percentage share of the Chesapeake
				Bay area and coastal area striped bass harvest quota they hold. Tags issued for
				Chesapeake Bay area harvest quota shall only be used for striped bass harvests
				in the Chesapeake Bay area, and tags issued for the coastal area harvest quota
				shall only be used for striped bass harvests in the coastal area.
B. It shall be unlawful for any person
				onboard any vessel to possess any striped bass tags in Virginia waters,
				according to the following provisions:
1. It
				shall be unlawful for any person onboard any vessel to set, place, or fish any
				gear that can harvest striped bass in the Chesapeake Bay area when in
				possession of coastal area striped bass tags issued by the Virginia Marine
				Resources Commission or striped bass tagged with coastal area tags.
2. It shall be unlawful for any person to
				possess Virginia coastal area striped bass tags in the Chesapeake Bay area or
				striped bass tagged with coastal area tags except when transiting the
				Chesapeake Bay area.
3. It shall be
				unlawful for any person to possess striped bass tags issued for previous years
				for the Chesapeake Bay area, coastal area, or any other jurisdiction.
4. It shall be unlawful for any person to
				possess Potomac River Fisheries Commission striped bass tags in Virginia
				waters, except when transiting the Virginia tributaries of the Potomac River to
				land in Virginia and as provided by subsection C of this section.
5. It shall be unlawful for any person to
				possess any non-Virginia jurisdictional striped bass tags in Virginia waters or
				striped bass tagged with any non-Virginia jurisdictional striped bass tags,
				except as provided by subdivision 4 of this subsection and subsection C of this
				section.
6. Any violation of this
				subsection shall result in the confiscation and impoundment of all striped bass
				tags or striped bass on the vessel.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 252 - PERTAINING TO ATLANTIC STRIPED BASS › Section 4VAC20-252-170 - Aquaculture of striped bass; permit required

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to operate a striped
				  bass aquaculture facility without first obtaining a permit from the Marine
				  Resources Commission (commission). This permit shall authorize and define the
				  limits of activities concerning the purchase, possession, sale, giving,
				  receiving, and transportation of striped bass or hybrid striped bass. Any
				  person in violation of any permit condition issued under this section may have
				  the permit revoked at any time upon review by the commission. If the commission
				  revokes any person's permit for an aquaculture facility, then that person shall
				  not be eligible to apply for a like permit for a period of two years from the
				  date of revocation.
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 252 - PERTAINING TO ATLANTIC STRIPED BASS › Section 4VAC20-252-220 - 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 252 - PERTAINING TO ATLANTIC STRIPED BASS › Section 4VAC20-252-230 - Sanctions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				failing to submit any report required by this chapter shall be denied any
				striped bass permit for the following year.
B. It shall be unlawful for any person with a
				pending violation of this chapter or found guilty of violating any provision of
				this chapter to receive or transfer striped bass commercial harvest quota as
				described in
				4VAC20-252-160.
C. It shall be unlawful for any person with a
				pending violation of this chapter or found guilty of violating any provision of
				this chapter to receive additional tag distributions as described in
				4VAC20-252-160.
D. Any person found guilty of violating any
				provision of this chapter may have his permit or license revoked at any time
				upon review by the commission as provided for in § 28.2-232 of the Code of
				Virginia. If the commission revokes any person's permit for an aquaculture
				facility, then that person shall not be eligible to apply for a like permit for
				a period of two years from the date of revocation.
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 252 - PERTAINING TO ATLANTIC STRIPED BASS › Form - FORMS (4VAC20-252)

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 260 - PERTAINING TO DESIGNATION OF SEED AREAS AND CLEAN CULL AREAS › Section 4VAC20-260-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish clean cull and
				  seed areas, culling requirements, minimum cull size, and inspection procedures
				  that will provide protection for the public oyster beds, rocks, and shoals in
				  Virginia's tidal 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 260 - PERTAINING TO DESIGNATION OF SEED AREAS AND CLEAN CULL AREAS › Section 4VAC20-260-15 - 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:
"Basket" means a circular plastic mesh container of 2,566
				  cubic inches, with a top inside diameter of 17 inches, bottom inside diameter
				  of 13.5 inches, and an inside height of 14 inches that may be used for the
				  measurement of oysters to be sold or purchased.
"Clean culled oyster" means any oyster taken from natural
				  public beds, rocks, or shoals that is three inches or greater in shell
				  length.
"Level full" means a basket or tub that is filled entirely to
				  the upper rim, but not filled higher than the upper rim.
"Oyster" means any shellfish of the species Crassostrea
				  virginica.
"Seed oyster" means any oyster taken by any person from
				  natural beds, rocks, or shoals that is more than 30 days from harvest for human
				  consumption.
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 260 - PERTAINING TO DESIGNATION OF SEED AREAS AND CLEAN CULL AREAS › Section 4VAC20-260-20 - Designation of seed areas and clean cull areas

Current through Register Vol. 40, No. 24, July 15, 2024
A. Seed areas. The following natural public
				oyster beds, rocks, or shoals are designated for the harvest of seed oysters:
1. "James River Seed Area"means all public
				grounds and unassigned grounds in that area of the James River and its
				tributaries with a southeastern boundary beginning at a point on the shore on
				the south side of the river at Rainbow Farm Point in Isle of Wight County
				located at Latitude 37° 00.1965862' N., Longitude 76° 34.0712010' W.;
				thence north-northeasterly to a VMRC Marker "STH", Latitude 37° 00.9815328
				N., Longitude 76° 33.5955842' W.; thence to a VMRC Marker "SMT", at
				Latitude 37° 01.3228160' N., Longitude 76° 33.3887351' W.; thence to
				the Flashing Green Channel Light #5, at Latitude 37° 02.3449949' N.,
				Longitude 76° 32.7689936' W.; thence northeasterly to a VMRC Marker "NMT",
				Latitude 37° 02.7740540' N., Longitude 76° 32.0960864' W.; thence to a
				VMRC Marker "NTH" located at Latitude 37° 03.2030055' N., Longitude 76°
				31.4231211' W.; thence to a point on the north shore of the river at Blunt
				(Blount) Point, in the City of Newport News, located at Latitude 37°
				03.3805862' N., Longitude 76° 31.1444562' W.; the northern boundary, being
				a straight line, beginning at a point on the shore on the east side of the
				river in the City of Newport News, at Latitude 37° 08.4458787' N.,
				Longitude 76° 37.2855533' W.; thence westerly to the southeast corner of
				the Deep Water Shoal State Replenishment Seed Area, Latitude 37°
				08.4466039' N., Longitude 76° 37.4523346' W.; thence westerly to the
				southwest corner of the Deep Water Shoal State Replenishment Seed Area,
				Latitude 37° 08.4490472' N., Longitude 76° 38.0215554' W.; thence
				westerly to a point on the shore on the west side of the river at the mouth of
				Lawnes Creek in Isle of Wight County, Latitude 37° 08.4582990' N.,
				Longitude 76° 40.2816023' W.
2.
				Deep Water Shoal State Replenishment Seed Area (DWS). That area in the James
				River near Mulberry Island, beginning at a point approximately 530 feet west of
				Deep Water Shoal Light, said point being Corner 1, located at Latitude 37°
				08.9433287' N., Longitude 76° 38.3213007' W.; thence southeasterly to
				Corner 2, Latitude 37° 09.5734380' N., Longitude 76° 37.8300582' W.;
				thence southwesterly to Corner 3, Latitude 37° 08.9265524' N., Longitude
				76° 37.0574269' W.; thence westerly to Corner 4, Latitude 37°
				08.4466039' N., Longitude 76° 37.4523346' W.; thence northwesterly to
				Corner 5, Latitude 37° 08.4491489' N., Longitude 76° 38.0215553' W.;
				thence northeasterly to Corner 1, said corner being the point of
				beginning.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 260 - PERTAINING TO DESIGNATION OF SEED AREAS AND CLEAN CULL AREAS › Section 4VAC20-260-30 - Minimum cull size

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
				be unlawful for any person to take any oysters that measure less than three
				inches in length from clean cull areas.
B. In the James River seed areas, there shall
				be no size limit on oysters harvested for replanting, but it shall be unlawful
				for any person to market any seed oysters for direct human
				consumption.
C. In the James River
				seed areas, it shall be unlawful for any person to harvest oysters for direct
				consumption that are contained in shells that are less than three inches in
				length.
D. From the seaside of the
				Eastern Shore, it shall be unlawful for any person to harvest oysters for
				direct consumption that are contained in shells that are less than three inches
				in length.
E. There shall be no
				minimum size limit for oysters raised in aquaculture cages by licensed
				aquaculture operations.
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 260 - PERTAINING TO DESIGNATION OF SEED AREAS AND CLEAN CULL AREAS › Section 4VAC20-260-40 - Culling tolerances or standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. In the clean cull areas, if more than a
				four-quart measure of any combined quantity of oysters less than three inches
				and shells of any size are found in any basket inspected by any police officer,
				it shall constitute a violation of this chapter, except as described in
				4VAC20-260-30 E.
B. In the James River seed areas, if more
				than a six-quart measure of shells is found in any basket of seed oysters
				inspected by any police officer, it shall constitute a violation of this
				chapter.
C. In the James River seed
				areas, if more than a four-quart measure of any combined quantity of oysters
				less than three inches and shells of any size are found in any basket of clean
				cull oysters inspected by any police officer, it shall constitute a violation
				of this chapter.
D. From the
				seaside of the Eastern Shore, if more than a four-quart measure of any combined
				quantity of oysters less than three inches and shells of any size are found per
				basket of clean cull oysters inspected by any police officer, it shall
				constitute a violation of this chapter.
E. Any oysters less than the minimum cull
				size or any amount of shell that exceeds the culling standard shall be returned
				immediately to the natural beds, rocks, or shoals from where they were
				taken.
F. Oysters less than the
				minimum cull size that are adhering so closely to the shell of any marketable
				oyster as to render removal impossible without destroying the oysters less than
				the minimum cull size need not be removed, and those oysters shall be
				considered lawful and shall not be included in the culling tolerances or
				standards as described in subsections A through D of this section.
G. It shall be unlawful for any person to
				sell any oysters less than the minimum cull size as described in this
				section.
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 260 - PERTAINING TO DESIGNATION OF SEED AREAS AND CLEAN CULL AREAS › Section 4VAC20-260-50 - Culling and inspection procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. All oysters taken from natural public
				beds, rocks, or shoals shall be placed on the culling board or in only one
				basket upon the culling board and culled by hand at the location of harvest.
1. Culled oysters shall be transferred
				immediately from the culling board to the inside open part of the boat and
				stored in either a loose pile or baskets.
a.
				Oysters shall not be stored in both a loose pile and in baskets.
b. A single basket may be on board any boat
				during transfer of culled oysters from the culling board to the inside open
				part of the boat in a loose pile.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 260 - PERTAINING TO DESIGNATION OF SEED AREAS AND CLEAN CULL AREAS › Section 4VAC20-260-60 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A. As set forth in
				§§ 28.2-510 and 28.2-511 of the Code of Virginia, any person, firm,
				or corporation violating any provision of this chapter except
				4VAC20-260-50 D shall be guilty of
				a Class 3 misdemeanor.
B. As set
				forth in § 28.2-526 of the Code of Virginia, any person violating any
				provision of
				4VAC20-260-50 D of the chapter
				shall be guilty of a Class 1 misdemeanor.
C. In addition to the penalty prescribed by
				law, any person violating any provision of this chapter shall place the entire
				load of shellfish overboard on the nearest oyster sanctuary or closed shellfish
				area, at the direction of the police officer, and shall cease harvesting on
				that day. In cases where shellfish associated with a violation, by any person,
				cannot be returned overboard, that person shall destroy, in the presence of a
				police officer, all shellfish in his possession. All harvesting apparatus may
				be subject to seizure and, pursuant to § 28.2-232 of the Code of Virginia,
				all licenses and permits may be subject to revocation following a hearing
				before the Marine Resources Commission.
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 270 - PERTAINING TO BLUE CRAB FISHERY › Section 4VAC20-270-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to allow for the conservation
				  and rebuilding of the crab resource and to improve the enforceability of other
				  laws pertaining to crabbing.
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 270 - PERTAINING TO BLUE CRAB FISHERY › Section 4VAC20-270-15 - 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 indicates otherwise:
"Crab" as described in this chapter refers solely to the
				  crustacean Callinectes sapidus.
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 270 - PERTAINING TO BLUE CRAB FISHERY › Section 4VAC20-270-20 - Sunday prohibition and limited exception for possession of male hard crabs

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful to take or harvest crabs for commercial
				  purposes on Sunday. This section shall not apply to the baiting and setting of
				  any hard crab pot or peeler pot, the harvest of peeler crabs by crab traps or
				  peeler pots, or to the working of floats, pens, or onshore facilities for soft
				  crab shedding operations. Any person licensed to harvest peeler crabs by peeler
				  pot may harvest one bushel of male crabs from his peeler pots on Sunday
				  strictly for the purpose of baiting that person's peeler pots, and such crabs
				  may not be sold.
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 270 - PERTAINING TO BLUE CRAB FISHERY › Section 4VAC20-270-25 - Lawful commercial harvest gears

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful to possess or sell crabs harvested for
				  commercial purposes by any means other than by hard crab pot, peeler pot, dip
				  net, ordinary or patent trotline, crab dredge, crab scrape, or crab trap or
				  pound.
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 270 - PERTAINING TO BLUE CRAB FISHERY › Section 4VAC20-270-30 - Daily time limits for commercial harvest

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person
				licensed to catch and sell crabs taken by hard crab pot or peeler pot to take
				and harvest crabs from any hard crab pot or peeler pot, or to retrieve, bait,
				or set any hard crab pot or peeler pot, except between 3 a.m. to 5 p.m. during
				the lawful season as described in
				4VAC20-270-40 A.
B. The lawful daily time periods for the
				commercial harvest of crabs by hard crab pot or peeler pot may be rescinded by
				the Commissioner of Marine Resources when the commissioner determines that a
				pending weather event is sufficient cause for the removal of hard crab pots
				from the tidal waters of the Commonwealth.
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 270 - PERTAINING TO BLUE CRAB FISHERY › Section 4VAC20-270-40 - Season limits

Current through Register Vol. 40, No. 24, July 15, 2024
A. In 2024, the
				lawful season for the commercial harvest of crabs by hard crab pot shall be
				March 17 through December 16. In 2025, the lawful season for the commercial
				harvest of crabs by hard crab pot shall be March 17 through November 30. For
				all other lawful commercial gear used to harvest crabs, as described in
				4VAC20-1040, the lawful seasons for the harvest of crabs shall be April 15
				through October 15.
B. It shall be
				unlawful for any person to harvest crabs or to possess crabs on board a vessel,
				except during the lawful season as described in subsection A of this
				section.
C. It shall be unlawful
				for any person to knowingly place, set, fish, or leave any hard crab pot in any
				tidal waters of Virginia from December 17, 2024, through March 16, 2025. It
				shall be unlawful for any person to knowingly place, set, fish, or leave any
				lawful commercial gear used to harvest crabs, except any hard crab pot or any
				gear as described in
				4VAC20-460-25, in any tidal waters
				of Virginia from October 16, 2024, through April 14, 2025.
D. It shall be unlawful for any person to
				place, set, or fish any number of fish pots in excess of 10% of the amount
				allowed by the gear license limit, up to a maximum of 30 fish pots per vessel,
				when any person on that vessel has set any crab pots.
1. This subsection shall not apply to fish
				pots set in those Virginia waters located upriver of the following boundary
				lines:
a. In the James River the boundary
				shall be a line connecting Hog Point and the downstream point at the mouth of
				College Creek.
b. In the York River
				the boundary lines shall be the Route 33 bridges at West Point.
c. In the Rappahannock River the boundary
				line shall be the Route 360 bridge at Tappahannock.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 270 - PERTAINING TO BLUE CRAB FISHERY › Section 4VAC20-270-50 - Peeler crab pot and hard crab pot limits

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person to
				place, set or fish or attempt to place, set or fish more than 210 peeler crab
				pots in Virginia tidal waters.
B.
				The lawful hard crab pot license categories and hard crab pot limits are as
				follows:
1. Up to 85 crab pots.
2. Up to 127 crab pots.
3. Up to 170 crab pots.
4. Up to 255 crab pots.
5. Up to 425 crab pots.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 270 - PERTAINING TO BLUE CRAB FISHERY › Section 4VAC20-270-51 - Daily commercial harvester, vessel, and harvest and possession limits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any barrel used
				by a harvester to contain or possess any amount of crabs will be equivalent in
				volume to no more than three bushels of crabs.
B. From July 5, 2024, through October 31,
				2024, and May 16, 2025, through July 4, 2025, any commercial fisherman
				registration licensee legally licensed for any hard crab pot license, as
				described in
				4VAC20-270-50 B, shall be limited
				to the following maximum daily harvest and possession limits for any of the
				following hard crab pot license categories:
1.
				10 bushels, or three barrels and one bushel, of crabs if licensed for up to 85
				crab pots.
2. 14 bushels, or four
				barrels and two bushels, of crabs if licensed for up to 127 crab
				pots.
3. 18 bushels, or six
				barrels, of crabs if licensed for up to 170 crab pots.
4. 29 bushels, or nine barrels and two
				bushels, of crabs if licensed for up to 255 crab pots.
5. 47 bushels, or 15 barrels and two bushels,
				of crabs if licensed for up to 425 crab pots.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 270 - PERTAINING TO BLUE CRAB FISHERY › Section 4VAC20-270-52 - Area restriction

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
				be unlawful for any person to use any gear, except hard crab pots or peeler
				pots, to harvest crabs from the waters of Back Bay and North Landing River or
				within the jurisdiction of the Albemarle and Currituck watersheds as described
				in §
									28.2-101
				of the Code of Virginia.
B. It
				shall be unlawful to possess, sell, or offer for sale crabs taken by any means
				other than hard crab pot or peeler pot from the waters described in this
				section.
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 270 - PERTAINING TO BLUE CRAB FISHERY › Section 4VAC20-270-55 - Minimum size limits

Current through Register Vol. 40, No. 24, July 15, 2024
A. From
				the beginning of the season as described in
				4VAC20-270-40 through July 15, it
				shall be unlawful for any person to harvest, possess, sell, or offer for sale
				more than 10 peeler crabs, per United States standard bushel, or 5.0% of peeler
				crabs in any other container, that measure less than 3-1/4 inches across the
				shell from tip to tip of the longest spikes. From July 16 through the end of
				the season as described in
				4VAC20-270-40, it shall be unlawful
				for any person to harvest, possess, sell, or offer for sale more than 10 peeler
				crabs, per United States standard bushel, or 5.0% of peeler crabs in any other
				container, that measure less than 3-1/2 inches across the shell from tip to tip
				of the longest spikes, except as described in subsections B and C of this
				section.
B. From July 16 through
				the end of the season as described in
				4VAC20-270-40, it shall be unlawful
				for any person to harvest, possess, sell, or offer for sale more than 10 peeler
				crabs, per United States standard bushel, or 5.0% of peeler crabs in any other
				container, that are harvested from waters on the ocean side of Accomack and
				Northampton Counties and measure less than 3-1/4 inches across the shell from
				tip to tip of the longest spikes, except as described in subsection C of this
				section.
C. In the enforcement of
				these peeler crab minimum size limits aboard a vessel, the marine police
				officer shall select a single container of peeler crabs of the officer's
				choosing to determine if the contents of that container violate the minimum
				size and tolerance described in this section. If the officer determines the
				contents of the container are in violation, then the officer shall return all
				peeler crabs on board the vessel to the water alive.
D. It shall be unlawful for any person to
				take, catch, harvest, possess, sell or offer for sale, or to destroy in any
				manner any soft crab that measures less than 3-1/2 inches across the shell from
				tip to tip of the longest spikes.
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 270 - PERTAINING TO BLUE CRAB FISHERY › Section 4VAC20-270-56 - Daily recreational harvest and possession limit

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful to take by using an unlicensed dip net
				  or hand line, or two crab pots, or to harvest or possess for personal use
				  aboard any vessel, more than one bushel of hard crabs or two dozen peeler crabs
				  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 270 - PERTAINING TO BLUE CRAB FISHERY › Section 4VAC20-270-58 - Repealed

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 270 - PERTAINING TO BLUE CRAB FISHERY › Section 4VAC20-270-60 - 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 280 - PERTAINING TO SPEAKING TROUT › Section 4VAC20-280-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to protect and rebuild the
				  spawning stocks of speckled trout, minimizing the possibility of recruitment
				  failure, and to increase yield in their fisheries.
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 280 - PERTAINING TO SPEAKING TROUT › Section 4VAC20-280-20 - 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.
"Fishing year" means the time period from September 1 of the
				  current calendar year through August 31 of the following calendar year.
"Snout" means the most forward projection from a fish's head
				  that includes the upper and lower jaw.
"Speckled trout" means any fish of the species Cynoscion
				  nebulosus.
"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 280 - PERTAINING TO SPEAKING TROUT › Section 4VAC20-280-30 - Size and possession limits

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				It shall be unlawful for any person to take, catch, or possess any speckled
				trout less than 14 inches in total length, except that the catch of speckled
				trout by pound net or haul seine may consist of up to 5.0%, by weight, of
				speckled trout less than 14 inches in total length.
B. It shall be unlawful for any person
				fishing commercially with commercial hook-and-line gear or fishing
				recreationally with any gear type to possess more than one speckled trout 24
				inches or greater in any one day.
C. It shall be unlawful for any person
				fishing commercially with commercial hook-and-line gear or recreationally with
				any gear type to possess more than five speckled trout in any one
				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 280 - PERTAINING TO SPEAKING TROUT › Section 4VAC20-280-50 - Directed commercial landings quota and daily incidental catch limit

Current through Register Vol. 40, No. 24, July 15, 2024
A. For each fishing
				year the directed commercial landings quota of speckled trout shall be limited
				to 51,104 pounds.
B. When the
				commission announces that the directed commercial landings quota has been
				reached, it shall be unlawful for any commercial fisherman registration
				licensee to take, harvest, land, or possess more than the daily incidental
				catch limit for the remainder of the fishing year. The daily incidental catch
				limit shall be 50 pounds of speckled trout per licensee aboard the vessel, not
				to exceed 100 pounds per vessel.
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 280 - PERTAINING TO SPEAKING TROUT › Section 4VAC20-280-55 - Seafood buyer reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Any licensed seafood buyer who purchases speckled trout shall
				  report daily purchases in pounds using the commission's interactive voice
				  recording system on the day of purchase from August 1 to November 30, except
				  when the commission announces that the directed commercial landings quota has
				  been reached for the current fishing 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 280 - PERTAINING TO SPEAKING TROUT › Section 4VAC20-280-60 - 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.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 290 - MARKING OF LEASED OYSTER PLANTING GROUND › Section 4VAC20-290-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to describe the proper manner
				  and method of marking leased oyster planting ground during such times when the
				  ground is required to be marked or for such other instances when a lessee may
				  desire to mark the ground.
Statutory Authority
§§ 28.2-201 and 28.2-607 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 290 - MARKING OF LEASED OYSTER PLANTING GROUND › Section 4VAC20-290-15 - 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:
"Active work areas" means those areas inside a lease where
				  active planting or active harvesting is being conducted, or in areas where
				  aquaculture structures are placed within a lease.
"Aquaculture structures" means devices, such as cages,
				  trays, and nets, used to contain or protect shellfish.
"Lease boundary lines" means the projected lines between
				  lease corners.
"Lease corners" means boundary lease corners as depicted on
				  the plat of record for the lease.
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 290 - MARKING OF LEASED OYSTER PLANTING GROUND › Section 4VAC20-290-20 - General

Current through Register Vol. 40, No. 24, July 15, 2024
Leased oyster planting ground can be marked at any time and
				  shall be marked if the oyster planting ground is being actively planted or
				  harvested or when aquaculture structures are present on the lease. No active
				  planting upon or harvesting from the lease shall be authorized unless the lease
				  has first been properly marked and the lease corners identified in accordance
				  with the marking provisions of this chapter. If aquaculture structures are
				  deployed on leased oyster planting ground, the lessee must properly mark and
				  identify the lease boundary or the active work areas where aquaculture
				  structures are placed in accordance with the marking provisions of this
				  chapter.
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 290 - MARKING OF LEASED OYSTER PLANTING GROUND › Section 4VAC20-290-30 - Method and manner of marking

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Marking requirements. When leased oyster planting ground is marked, the corners
				and boundary lines or the active works areas within the lease shall be marked
				with markers or buoys and shall be marked in a manner that does not create any
				unnecessary restriction to navigation.
1.
				Corner markers. Corners that are marked shall have a maximum of three markers
				per corner.
2. Boundary line
				markers. Individual line markers shall be set at intervals no more than 600
				feet apart and may be placed at intervals no less than 150 feet
				apart.
3. Active work area markers.
				Areas where aquaculture structures are being used shall be marked in
				conformance with subsection B of this section and as required in
				4VAC20-335.
4. Marking of the
				corners, boundary lines, or active work areas within the lease shall constitute
				valid marking for enforcement purposes.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 290 - MARKING OF LEASED OYSTER PLANTING GROUND › Section 4VAC20-290-40 - Maintenance

Current through Register Vol. 40, No. 24, July 15, 2024
When oyster planting ground is marked, suitable stakes or
				  markers shall be kept by the lessee in their proper places at all times so as
				  to conform accurately to the original boundary survey any condemnation line
				  within the lease, or to accurately mark the active work areas within the lease.
				  Should such stakes or makers be removed, knocked down, or be carried away, the
				  lessee shall promptly have them replaced in their proper location and in
				  conformance with the method and manner of marking contained within this
				  chapter.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.