reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 450 - PERTAINING TO THE TAKING OF BLUEFISH › Section 4VAC20-450-40 - 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 460 - PERTAINING TO THE USE OF CRAB TRAPS AND POUNDS › Section 4VAC20-460-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to comply with the
				  requirements of § 28.2-701 of the Code of Virginia by establishing
				  chapters that govern the use, placement, and maintenance of crab traps and
				  pounds; to promote conservation of the blue crab resource; and to maintain
				  navigable waterways.
Statutory Authority
§§ 28.2-201 and 28.2-701 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 460 - PERTAINING TO THE USE OF CRAB TRAPS AND POUNDS › Section 4VAC20-460-13 - Application and location

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Application for crab trap or crab pound licenses, to be issued pursuant to
				§ 28.2-701 of the Code of Virginia, shall state the exact location of each
				crab trap or crab pound. If application is made for a license for more than one
				crab trap or crab pound, the application may embrace more than one, provided
				the traps or pounds are to be located in the same area, and further provided
				they are contiguous and are located next to each other, but the location of
				each must be definitely described. No application for any location for a crab
				trap or crab pound shall be made prior to December 1 of the year preceding the
				current license year.
B. Only one
				license shall be issued for the same location, or within 100 yards of that
				location, during the same calendar year and any subsequent license issued
				through error, or otherwise, for the same location, or within 100 yards of that
				location, shall be void as to that location. Upon request by such licensee,
				made within 60 days after issuance, a refund of such license fee shall be
				made.
C. The licensee shall be
				responsible for the location of the trap or pound.
D. The license, when issued, shall be subject
				to oyster leases and riparian rights and shall not apply inshore of the mean
				low water mark.
Statutory Authority: §§ 28.2-201 and 28.2-701 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 460 - PERTAINING TO THE USE OF CRAB TRAPS AND POUNDS › Section 4VAC20-460-15 - Priority rights

Current through Register Vol. 40, No. 24, July 15, 2024
The licensee of any location for a crab trap or crab pound
				  that was actually fished or crabbed by the licensee during the preceding year
				  shall have a priority right over all other applicants to license the same
				  location for the current license year, provided such licensee remains otherwise
				  qualified and makes application for such location on or before April 1 of the
				  current license year. All other applicants for such location will have their
				  applications considered in chronological order of receipt after April 1 of the
				  license year.
Statutory Authority: §§ 28.2-201 and 28.2-701 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 460 - PERTAINING TO THE USE OF CRAB TRAPS AND POUNDS › Section 4VAC20-460-20 - Placement of crab traps and crab pounds

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful to place, set, or use crab traps or
				  crab pounds within 100 yards of any other crab trap or crab pound without
				  respect to whether or not the other crab trap or pound is owned by the same or
				  some other person.
Statutory Authority
§§ 28.2-201 and 28.2-701 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 460 - PERTAINING TO THE USE OF CRAB TRAPS AND POUNDS › Section 4VAC20-460-25 - Placement requirements for the retention box and other gear

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful to establish the crab head or retention
				  box prior to the legal start date, but all other associated gear may be
				  established at the licensed location two weeks prior to the legal start date of
				  the season for this gear type.
Statutory Authority: §§ 28.2-201 and 28.2-701 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 460 - PERTAINING TO THE USE OF CRAB TRAPS AND POUNDS › Section 4VAC20-460-30 - Removal of traps, leads, poles, gear

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every owner or user of a crab trap or crab
				pound shall completely remove traps, leads, wire, poles, and all other related
				gear from the water not later than December 31 of each year, except that they
				may leave two poles at each crab trap or crab pound site to facilitate
				relocation of the traps, lead and poles in the upcoming crab season, except as
				provided in subsection B below. If the trap site is not licensed and used in
				any subsequent year the trap owner shall be required to remove all poles from
				the site.
B. In the Tangier Island
				vicinity (from the southern tip of Tangier Island north to the Maryland line),
				it shall be lawful for every owner or user of a crab trap or crab pound to
				leave poles at crab trap or crab pound stands; provided such poles will be used
				at said location the following season and not be abandoned.
Statutory Authority
§§ 28.2-201 and 28.2-701 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 460 - PERTAINING TO THE USE OF CRAB TRAPS AND POUNDS › Section 4VAC20-460-40 - Minimum mesh size

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful to use a crab trap or crab pound with a
				  head or retention box with a mesh size of less than one inch.
Statutory Authority
§§ 28.2-201 and 28.2-701 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 460 - PERTAINING TO THE USE OF CRAB TRAPS AND POUNDS › Section 4VAC20-460-50 - Cull Rings

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to place, set or use any
				  peeler of crab trap or pound that does not contain at least four unobstructed
				  cull rings or at least 1-1/2 inches inside diameter. Two such rings shall be
				  located under water at all times in the lower portion of each side panel that
				  is perpendicular to the shoreline and on opposite sides of the head or
				  retention box.
Statutory Authority
§§ 28.2-201 and 28.2-701 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 460 - PERTAINING TO THE USE OF CRAB TRAPS AND POUNDS › Section 4VAC20-460-60 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A. As set forth in
				§ 28.2-701 of the Code of Virginia, any person violating any provision of
				this chapter shall be guilty of a Class 3 misdemeanor.
B. No licenses for crab traps or crab pounds
				for a subsequent year shall be issued to any person failing to accomplish such
				removal as stipulated in
				4VAC20-460-30 until the same has
				been accomplished.
Statutory Authority
§§ 28.2-201 and 28.2-701 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 470 - PERTAINING TO HAMPTON ROADS MANAGEMENT AREA › Section 4VAC20-470-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to reduce conflict between
				  charter boats, recreational fishermen and gill net fishermen in the Hampton
				  Roads area.
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 470 - PERTAINING TO HAMPTON ROADS MANAGEMENT AREA › Section 4VAC20-470-20 - Hampton Roads Management Area established

Current through Register Vol. 40, No. 24, July 15, 2024
The Hampton Roads Management Area is established as that
				  area defined as follows:
Beginning at the mean low water line of Newport News Point
				  at its intersection with the northbound lanes of I-664; thence following the
				  mean low water line of Hampton Roads and its tributaries and Chesapeake Bay in
				  an easterly direction to the Fort Monroe Officers' Club Pier; thence in an
				  easterly direction to the white and orange buoy "G"; thence in an easterly
				  direction to Thimble Shoal Light; thence in a southerly direction to buoy G
				  "17"; thence in a southwesterly direction to the trestle of the westbound lanes
				  of I-64 Hampton Roads Bridge Tunnel at its intersection with the south island;
				  thence following the westbound lanes of Hampton Roads Bridge Tunnel to its
				  intersection at the mean low water line of Willoughby Spit; thence following
				  the mean low water line of Willoughby Spit in a southerly direction to the
				  flashing light "11"; thence in a southwesterly direction approximately 2800
				  feet to the bulkhead corner of the U. S. Naval Reservation Heliport; thence
				  following the mean low water line of Hampton Roads in a westerly and southerly
				  direction to a point opposite of the grain elevator south of Pier A of the
				  municipal terminal; thence in a westerly direction to buoy G "11"; thence in a
				  westerly direction to buoy R "12"; thence in a southwesterly direction to the
				  mean low water line at the northeastern corner of Craney Island Disposal Area;
				  thence in a westerly direction to the intersection of the northbound lanes of
				  I-664 and the south island of the Monitor-Merrimac Memorial Bridge Tunnel;
				  thence in a northwesterly direction along the northbound lanes of I-664 to its
				  intersection with the mean low water line at Newport News 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 470 - PERTAINING TO HAMPTON ROADS MANAGEMENT AREA › Section 4VAC20-470-30 - Gill net prohibition

Current through Register Vol. 40, No. 24, July 15, 2024
From the Friday immediately preceding Memorial Day to Labor
				  Day, both days inclusive, and during the hours of 7 a.m. to 5 p.m., it shall be
				  unlawful for any person to place, set, or fish any gill net, including licensed
				  staked gill nets within the Hampton Roads Management Area.
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 470 - PERTAINING TO HAMPTON ROADS MANAGEMENT AREA › Section 4VAC20-470-40 - 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 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 480 - PERTAINING TO EASTERN SHORE BAYSIDE MANAGEMENT AREAS › Section 4VAC20-480-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to minimize gear conflicts
				  existing between gill net fishermen and hook and line fishermen in the mouths
				  of four Eastern Shore Bayside Creeks.
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 480 - PERTAINING TO EASTERN SHORE BAYSIDE MANAGEMENT AREAS › Section 4VAC20-480-20 - Prohibition

Current through Register Vol. 40, No. 24, July 15, 2024
During the period June 1 to October 31, inclusive, it shall
				  be unlawful for any person to place, set or fish any gill net, including
				  licensed fixed fishing devices, in the management areas defined below.
1. The Gulf. Beginning at mean low water at
				the northernmost point of Smith Beach Road (State Route 666); thence in a
				southwesterly direction along the mean low water line, for approximately one
				mile, to a point opposite where State Route 666 turns inland; thence due west
				500 yards to a point offshore; thence in a northeasterly direction to a point
				being 500 yards west of mean low water at the end of State Route 630; thence in
				an easterly direction 500 yards to the mean low water line at the end of State
				Route 630; thence in a southerly direction across the mouth of the Gulf to the
				mean low water line at the northernmost point of Smith Beach Road (State Route
				666), being the point of beginning.
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				  Image
2. Hungars
				Creek. Beginning at mean low water at the northernmost point of Hungars Beach;
				thence in a southerly direction along the mean low water line to the end of
				State Route 630; thence in a westerly direction 500 yards to a point offshore;
				thence in a northeasterly direction to a point 500 yards west of mean low water
				at the southernmost point of Great Neck; thence in an easterly direction to
				mean low water at the southernmost point of Great Neck; thence in a
				southwesterly direction to mean low water at the northernmost point of Hungars
				Beach, being the point of beginning.
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				  Image
3.
				Nassawadox Creek. Beginning at mean low water at Shooting Point, in a westerly
				direction for 250 yards; thence in a northwesterly direction to a point 250
				yards west of mean low water at Nassawadox Point; thence in an easterly
				direction to mean low water at Nassawadox Point; thence in a southeasterly
				direction to the northernmost point of Horse Island; thence in a southwesterly
				direction to mean low water at Shooting Point, being the point of beginning.
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4.
				Occohannock Creek. Beginning at mean low water at Sparrow Point, in a westerly
				direction for 500 yards; thence in a northeasterly direction to a point 500
				yards west of mean low water at Powell's Bluff; thence in an easterly direction
				to mean low water at Powell's Bluff; thence in a southeasterly direction to a
				point on the eastern headland of Killmon Cove (Old Neck); thence in a
				southwesterly direction to Sparrow Point, being the point of beginning.
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				  Image
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 480 - PERTAINING TO EASTERN SHORE BAYSIDE MANAGEMENT AREAS › Section 4VAC20-480-30 - 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 this chapter committed by
				  the same person within 12 months of a prior violation is a Class 1
				  misdemeanor.
CHARTS ACCOMPANYING THIS REGULATION
The Gulf
Hungars Creek
Nassawadox Creek
Occohannock Creek
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 490 - PERTAINING TO SHARKS › Section 4VAC20-490-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to ensure the conservation of
				  shark resources by preventing overfishing by commercial and recreational
				  fisheries and to control the practice of finning.
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 490 - PERTAINING TO SHARKS › Section 4VAC20-490-30 - Commercial gear restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				It shall be unlawful for any person to place, set, or fish any longline in
				Virginia's tidal waters.
B. It
				shall be unlawful for any person to place, set, or fish any shark shortline in
				Virginia's tidal waters with more than 50 hooks. All hooks must be corrodible
				circle hooks. In addition, any person aboard a vessel fishing shortlines must
				practice the protocols and possess the federally required release equipment,
				for pelagic and bottom longlines, for the safe handling, release and
				disentanglement of sea turtles and other nontarget species; all captain and
				vessel owners must be certified in using handling and release
				equipment.
C. It shall be unlawful
				for a person to possess more than two shark shortlines on board a
				vessel.
D. It shall be unlawful for
				any person fishing for commercial purposes to possess any shark caught by means
				other than permitted commercial gear.
E. Any person fishing commercially for sharks
				shall check all large mesh gill nets at least once every two hours.
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 490 - PERTAINING TO SHARKS › Section 4VAC20-490-40 - Recreational harvest limitations and gear restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Recreational fishing vessels are allowed a
				maximum possession limit of one recreationally permitted shark, excluding
				smooth dogfish, per trip, regardless of the number of people on board the
				vessel. In addition, each recreational vessel angler may possess one bonnethead
				and one Atlantic sharpnose per trip. The possession aboard a vessel of more
				than one recreationally permitted shark, excluding smooth dogfish, or the
				possession of more than one Atlantic sharpnose shark or one bonnethead shark,
				per person, shall constitute a violation of this regulation. When fishing from
				any boat or vessel where the entire catch is held in a common hold or
				container, the possession limits for Atlantic sharpnose shark or bonnethead
				shark shall be for the boat or vessel and shall be equal to the number of
				persons on board legally eligible to fish, plus one additional recreationally
				permitted shark. The captain or operator of the boat or vessel shall be
				responsible for any boat or vessel possession limits.
B. A recreational shore angler is allowed a
				maximum possession limit of one recreationally permitted shark, excluding
				smooth dogfish, per calendar day. In addition, a recreational shore angler may
				harvest one additional bonnethead and one additional Atlantic sharpnose per
				calendar day. The possession of more than one recreationally permitted shark,
				excluding smooth dogfish, or the possession of more than one bonnethead and one
				Atlantic sharpnose, by any person, shall constitute a violation of this
				regulation.
C. It shall be unlawful
				for any person to possess any recreationally prohibited shark.
D. It shall be unlawful for any person to
				possess any recreationally permitted shark landed under the recreational
				harvest limitations described in this section that is less than 54 inches in
				fork length except as described in subdivisions 1 and 2 of this subsection:
1. It shall be unlawful for any person to
				possess any recreationally caught great hammerhead, scalloped hammerhead, or
				smooth hammerhead shark that is less than 78 inches in fork length.
2. Atlantic sharpnose, bonnethead, finetooth,
				blacknose, and smooth dogfish sharks are exempt from the recreational size
				limit described in this subsection.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 490 - PERTAINING TO SHARKS › Section 4VAC20-490-41 - Commercial harvest limitations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Beginning January 1 of any given year it shall be unlawful for any person to
				possess on board a vessel or to land in Virginia more than a combined total of
				36 commercially permitted aggregated large coastal sharks and commercially
				permitted hammerhead sharks in one 24-hour period, unless the Marine Resources
				Commission has posted notice of any change to possession limits on its website
				at
				http://mrc.virginia.gov/Regulations/VA-commercial-shark-possession-limits.shtm
				[File Link Not Available]. The person who owns or operates the vessel is
				responsible for compliance with the provisions of this subsection.
B. It shall be unlawful for any person to
				fillet a shark until that shark is offloaded at the dock or on shore, except
				smooth dogfish as provided in subsection C of this section. A licensed
				commercial fisherman may eviscerate and remove the head of any shark, but the
				tail and all fins of any shark, except smooth dogfish as provided in subsection
				C of this section, shall remain naturally attached to the carcass through
				landing. The fins of any shark, except smooth dogfish, may be partially cut but
				some portion of the fin shall remain attached, until the shark is
				landed.
C. Virginia licensed
				commercial fishermen may completely process smooth dogfish at sea prior to
				landing when the harvest of smooth dogfish comprises at least 25% by weight of
				the total retained harvest, except that it shall be unlawful for anyone to land
				or possess on board any vessel any amount of processed smooth dogfish whereby
				the total weight of fins exceeds 12% of the total dressed weight of any smooth
				dogfish.
D. It shall be unlawful to
				possess, on board a vessel, or to land in Virginia any species of shark, after
				the National Oceanic and Atmospheric Administration (NOAA) Fisheries has closed
				the fishery for that species in federal waters.
E. There are no commercial trip limits or
				possession limits for smooth dogfish or sharks on the lists of commercially
				permitted pelagic species or commercially permitted nonblacknose
				species.
F. Except as described in
				this section, it shall be unlawful for any person to take, harvest, land, or
				possess in Virginia any blacktip, bull, great hammerhead, lemon, nurse,
				scalloped hammerhead, silky, smooth hammerhead, spinner, or tiger shark from
				May 15 through July 15. These sharks may be transported by vessel, in Virginia
				waters, during the closed season provided the sharks were caught in a legal
				manner consistent with federal regulations outside Virginia waters and:
1. The vessel does not engage in fishing in
				Virginia waters while possessing the species listed in this subsection;
				and
2. All fishing gear aboard the
				vessel is stowed and not available for immediate use.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 490 - PERTAINING TO SHARKS › Section 4VAC20-490-42 - Spiny dogfish commercial quota and harvest limitations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The fishing year
				for spiny dogfish shall be from May 1 of the current calendar year through
				April 30 of the following calendar year. For the fishing year, the commercial
				spiny dogfish landings quota shall be limited to annual quota except as
				specified in subsection B of this section.
B. If a quota transfer occurs between
				Virginia and another state or region participating in the Interstate Fishery
				Management Plan for spiny dogfish, Virginia's annual quota for the fishing year
				shall be limited to the annual quota amount as adjusted for
				transfers.
C. It shall be unlawful
				for any person to take, harvest, or possess aboard any vessel or to land in
				Virginia any spiny dogfish harvested from federal waters for commercial
				purposes after it has been announced that the federal quota for spiny dogfish
				has been taken.
D. It shall be
				unlawful for any person to take, harvest, or possess aboard any vessel or to
				land in Virginia more than 7,500 pounds of spiny dogfish per day for commercial
				purposes.
E. It shall be unlawful
				for any person to take, harvest, or possess aboard any vessel or to land in
				Virginia any spiny dogfish for commercial purposes after the annual quota
				specified in subsections A and B of this section has been landed and announced
				as such.
F. Any spiny dogfish
				harvested from state waters or federal waters, for commercial purposes, shall
				only be sold to a federally permitted dealer.
G. It shall be unlawful for any buyer of
				seafood to receive any spiny dogfish after any commercial harvest or annual
				quota described in this section has been landed and announced as
				such.
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 490 - PERTAINING TO SHARKS › Section 4VAC20-490-43 - Limited access control rule

Current through Register Vol. 40, No. 24, July 15, 2024
At such time the status of shark stocks or their fisheries
				  warrant the establishment of a limited access program for participation in the
				  commercial fishery for sharks, a control rule may be enacted that limits
				  participation in the commercial fisheries for sharks to those individuals who
				  participated in that fishery on and before December 31, 2004. The control rule
				  may also include eligibility requirements based on past harvest
				  amounts.
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 490 - PERTAINING TO SHARKS › Section 4VAC20-490-44 - Spiny dogfish limited entry fishery permit and permit transfers

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful for any person to take, catch, possess, or land any spiny dogfish
				without first having obtained a spiny dogfish limited entry fishery permit from
				the Marine Resources Commission. Such permit shall be completed in full by the
				permittee who shall keep a copy of that permit in his possession while fishing
				for or selling spiny dogfish. Permits shall only be issued to Virginia
				registered commercial fishermen meeting either of the criteria described in
				subdivision 1 or 2 of this subsection:
1.
				Shall have documentation of (i) harvest from a movable gill net for an average
				of at least 60 days from 2006 through 2008, (ii) a minimum harvest of one pound
				of spiny dogfish at any time from 2006 through 2008, and (iii) harvest of at
				least one pound of spiny dogfish from May 1, 2010, through April 30, 2012, in
				the Marine Resources Commission's mandatory harvest reporting system, except
				that federal dealer reports to the Standard Atlantic Fisheries Information
				System can satisfy the one pound harvest requirement, for May 1, 2010, through
				April 30, 2012.
2. Shall have
				documentation of (i) harvests that total greater than 10,000 pounds of spiny
				dogfish in any one year from 2006 through 2008, and (ii) harvest of at least
				one pound of spiny dogfish from May 1, 2010, through April 30, 2012, in the
				Marine Resources Commission's mandatory harvest reporting system, except that
				federal dealer reports to the Standard Atlantic Fisheries Information System
				can satisfy the one pound harvest requirement, for May 1, 2010, through April
				30, 2012.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 490 - PERTAINING TO SHARKS › Section 4VAC20-490-46 - Spiny dogfish monitoring requirements

Current through Register Vol. 40, No. 24, July 15, 2024
When it has been projected and announced by the Marine
				  Resources Commission that 80% of the Virginia spiny dogfish quota has been
				  landed, each Virginia seafood buyer shall call the Marine Resources
				  Commission's interactive voice recording system on a daily basis to report the
				  exact weight of spiny dogfish received or purchased, in pounds, until it is
				  projected and announced that the Virginia spiny dogfish quota has been landed
				  and the fishery closed.
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 490 - PERTAINING TO SHARKS › Section 4VAC20-490-47 - Control date

Current through Register Vol. 40, No. 24, July 15, 2024
The Marine Resources Commission hereby establishes April 30,
				  2011, as the control date for management of all spiny dogfish licenses and
				  fisheries in Virginia. The harvest of any spiny dogfish or the participation by
				  any individual in any spiny dogfish fishery after the control date will not be
				  considered in the calculation of spiny dogfish rights should further entry
				  limitations be established. Any individual entering the spiny dogfish fishery
				  after the control date may forfeit any right to future participation in the
				  spiny dogfish fishery should further entry limitation be
				  established.
Statutory Authority
§ 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 490 - PERTAINING TO SHARKS › Section 4VAC20-490-48 - Smooth dogfish commercial quota and harvest limitations

Current through Register Vol. 40, No. 24, July 15, 2024
A. During each
				calendar year, total allowable commercial landings of smooth dogfish shall be
				limited to a quota in dressed weight calculated pursuant to the Interstate
				Coastal Sharks Fishery Management Plan.
B. It shall be unlawful for any person to
				take, harvest, or possess aboard any vessel or to land in Virginia any smooth
				dogfish harvested from federal waters once the National Oceanic and Atmospheric
				Administration (NOAA) Fisheries has determined and announced that 80% of the
				smooth dogfish coastwide quota has been harvested.
C. It shall be unlawful for any person to
				harvest or to land in Virginia any smooth dogfish for commercial purposes after
				the quota specified in subsection A of this section has been landed and
				announced as such.
D. Any smooth
				dogfish harvested from state waters or federal waters for commercial purposes
				shall only be sold to a federally permitted dealer.
E. It shall be unlawful for any buyer of
				seafood to receive any smooth dogfish harvested from federal waters once NOAA
				Fisheries has determined and announced that 80% of the smooth dogfish coastwide
				quota has been harvested.
F. It
				shall be unlawful for any buyer of seafood to receive any smooth dogfish after
				the commercial quota specified in subsection A of this section has been
				attained and announced as such.
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 490 - PERTAINING TO SHARKS › Section 4VAC20-490-50 - Finning

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to engage in
				  finning.
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 490 - PERTAINING TO SHARKS › Section 4VAC20-490-70 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in § 28.2-903 of the Code of Virginia, any
				  person violating any provision of this chapter shall be guilty of a Class 3
				  misdemeanor, and a second or subsequent violation of any provision of this
				  chapter committed by the same person within 12 months of a prior violation is a
				  Class 1 misdemeanor.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 500 - PERTAINING TO THE CATCHING OF EELS › Section 4VAC20-500-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to provide for appropriate
				  conservation of eels, to reduce the possibility of growth overfishing, and to
				  prevent waste of small eels.
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 500 - PERTAINING TO THE CATCHING OF EELS › Section 4VAC20-500-20 - Definition

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.
"Eel" or "eels," as described in this chapter, means the eel
				  species Anguilla rostrata.
"Elver" means any eel of less than six inches in total
				  length.
"Land" or "landing" means to enter port with eels on board
				  any boat or vessel, to begin offloading eels, or to offload eels.
"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 500 - PERTAINING TO THE CATCHING OF EELS › Section 4VAC20-500-30 - Rescission

Current through Register Vol. 40, No. 24, July 15, 2024
4VAC20-180-10 is rescinded, and its
				  provisions are amended and readopted in
				  4VAC20-500-40 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 500 - PERTAINING TO THE CATCHING OF EELS › Section 4VAC20-500-35 - Minimum size limit

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any individual to take, catch,
				  possess, or land any eels less than nine inches in 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 500 - PERTAINING TO THE CATCHING OF EELS › Section 4VAC20-500-40 - Elvers

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any individual to possess elvers;
				  provided however, that elvers may be taken (i) for research only by duly
				  appointed representatives of any institution of higher education in Virginia
				  and by other parties when specifically authorized in writing by the
				  Commissioner of Marine Resources or (ii) by those individuals who are approved
				  for a permit for eel aquaculture by the commission.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 500 - PERTAINING TO THE CATCHING OF EELS › Section 4VAC20-500-45 - Commercial season, permits, and reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any individual to
				harvest, take, catch, possess, or land any eels from September 1 through
				December 31 from any commercial gear, except from pots and traps.
B. It shall be unlawful for any individual
				legally licensed as a commercial seafood buyer to purchase or receive any
				quantity of eel landed in Virginia by any legally licensed harvester without
				first obtaining an Eel Buyer Permit from the commission.
C. It shall be unlawful for any individual to
				self-market any eels to any person or business unless that individual possesses
				a current eel self-market permit obtained from the commission.
D. It shall be unlawful for any eel
				self-market permittee to fail to report daily landing records of eels to the
				commission. These reports shall be completed in full and submitted monthly to
				the Marine Resources Commission no later than the fifth day of the following
				month.
E. It shall be unlawful for
				any eel buyer permittee permitted to purchase or receive eels landed in
				Virginia to fail to provide written reports to the Marine Resources Commission
				of daily purchases and harvest information on forms provided by the commission.
				Each eel buyer permittee will provide the commission the date of purchase, the
				harvester's Commercial Fisherman Registration License number, weight of eels
				purchased, and gear type. These reports shall be completed in full and
				submitted monthly to the Marine Resources Commission no later than the fifth
				day of the following month.
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 500 - PERTAINING TO THE CATCHING OF EELS › Section 4VAC20-500-50 - Minimum mesh size

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
				be unlawful for any individual to place, set, or fish any eel pot in Virginia
				tidal waters which has a mesh less than 1/2-inch by 1/2-inch.
B. It shall be unlawful for any individual to
				place, set, or fish any 1/2-inch by 1/2-inch mesh rectangular or square eel pot
				unless such pot contains at least one unrestricted 4-inch by 4-inch escape
				panel consisting of 1/2-inch by 1-inch mesh. In addition, it shall be unlawful
				for any individual to place, set, or fish any 1/2-inch by 1/2-inch mesh
				cylindrical eel pot unless such pot contains at least one unrestricted 4-inch
				square escape panel of 1/2-inch by 1-inch mesh.
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 500 - PERTAINING TO THE CATCHING OF EELS › Section 4VAC20-500-55 - Possession limit

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful for any individual fishing with recreational hook and line, rod and
				reel, spear, gig, or other recreational gear to possess more than 25 eels per
				day, except as described in subsection B of this section for charter boats and
				head boats. When fishing is from a boat or vessel where the entire catch is
				held in a common hold or container, the possession limit shall be for the boat
				or vessel and shall be equal to the number of individuals on board legally
				eligible to fish multiplied by 25, except as described in subsection B of this
				section for charter boats and head boats. The captain or operator of the boat
				or vessel shall be responsible for any boat or vessel possession limit. Any eel
				taken after the possession limit has been reached shall be returned to the
				water immediately.
B. It shall be
				unlawful for any captain or mate of any legally licensed charter boat or head
				boat to possess more than 50 eels per day. When fishing is from a charter boat
				or head boat, where the entire catch is held in a common hold or container, the
				possession limit shall be for the charter boat or head boat and shall be equal
				to the number of captains and mates on board legally eligible to fish
				multiplied by 50. Passengers on any charter boat or head boat shall possess no
				more than 25 eels per passenger per day. The captain or operator of the charter
				boat or head boat shall be responsible for any possession limit. Any eel taken
				after the possession limit has been reached shall be returned to the water
				immediately.
C. Possession of any
				quantity of eel that exceeds the possession limit described in subsection A or
				B of this section shall be presumed to be for commercial 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 500 - PERTAINING TO THE CATCHING OF EELS › Section 4VAC20-500-60 - 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 500 - PERTAINING TO THE CATCHING OF EELS › Form - FORMS (4VAC20-500)

Current through Register Vol. 40, No. 24, July 15, 2024
American
				  Eel Buyer Reporting Form (undated)
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 510 - PERTAINING TO AMBERJACK AND COBIA › Section 4VAC20-510-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to control the harvest,
				  protect the spawning stocks, minimize the possibility of recruitment failure
				  and increase yield in the amberjack and cobia fisheries. The provisions
				  pertaining to aquaculture serve to prevent cobia raised in an aquaculture
				  facility from being placed into Virginia waters and to minimize the impact of
				  cultured fish in the market place on the enforcement of other 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 510 - PERTAINING TO AMBERJACK AND COBIA › Section 4VAC20-510-12 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following terms when used in this chapter shall have the
				  following meanings unless the context clearly indicates otherwise:
"Amberjack" means any fish of the species Seriola
				  dumerili.
"Cobia" means any fish of the species Rachycentron
				  canadum.
"Mandatory Harvest Reporting Program Web Application" means
				  the online web-based resource provided by the commission to report commercial
				  harvest of seafood at
https://webapps.mrc.virginia.gov/harvest/
.
"Recreational vessel" means any vessel, kayak, charter
				  vessel, or headboat fishing recreationally.
"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 510 - PERTAINING TO AMBERJACK AND COBIA › Section 4VAC20-510-20 - Recreational fishery possession limits, season, vessel allowance, and prohibition on gaffing

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful for any person fishing recreationally to possess more than one cobia
				at any time. When fishing from any recreational vessel where the entire catch
				is held in a common hold or container, the possession limit for the
				recreational vessel shall be equal to the number of persons on board legally
				eligible to fish multiplied by one, except there is a maximum recreational
				vessel limit of two cobia per recreational vessel per day. The captain or
				operator of the recreational vessel shall be responsible for any recreational
				vessel possession limit. Any cobia caught after the possession limit has been
				reached shall be returned to the water immediately.
B. It shall be unlawful for any person
				fishing recreationally to harvest or possess any cobia before June 15 or after
				September 15 of the current calendar year.
C. It shall be unlawful for any person
				fishing recreationally to possess more than two amberjack at any time. When
				fishing from any recreational vessel where the entire catch is held in a common
				hold or container, the possession limit for the recreational vessel shall be
				equal to the number of persons on board legally eligible to fish multiplied by
				two. The captain or operator of the recreational vessel shall be responsible
				for any recreational vessel possession limit. Any amberjack caught after the
				possession limit has been reached shall be returned to the water
				immediately.
D. It shall be
				unlawful for any person fishing recreationally to gaff or attempt to gaff any
				cobia.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.