reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 110 - PERTAINING TO LOBSTERS › Section 4VAC20-110-65 - Landing limit

Current through Register Vol. 40, No. 24, July 15, 2024
Landings by fishermen using gear or methods other than
				  lobster traps shall be limited to no more than 100 lobsters per day (based on a
				  24-hour period), up to a maximum of 500 lobsters per trip, for trips five days
				  or longer.
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 110 - PERTAINING TO LOBSTERS › Section 4VAC20-110-70 - 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 120 - PERTAINING TO THE PROMULGATION OF A PUBLIC NOTICE ON APPLICATIONS TO ENCROACH IN, ON OR OVER SUBAQUEOUS LANDS OF THE COMMONWEALTH › Section 4VAC20-120-10 - Authority, prior regulation, effective date

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter is promulgated pursuant to
				the authority contained in § 28.1-23 [Repealed] of the Code of
				Virginia.
B. This chapter amends
				the previous Regulation XV concerning the requirement for public notice on all
				applications to encroach on subaqueous lands of the Commonwealth, and made
				effective November 1, 1973.
C. The
				effective date of this chapter is March 1, 1983.
Statutory Authority
§ 28.2-103 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 120 - PERTAINING TO THE PROMULGATION OF A PUBLIC NOTICE ON APPLICATIONS TO ENCROACH IN, ON OR OVER SUBAQUEOUS LANDS OF THE COMMONWEALTH › Section 4VAC20-120-20 - General

Current through Register Vol. 40, No. 24, July 15, 2024
The Marine Resources Commission hereby requires a public
				  notice on all applications for encroachment upon the state-owned bottoms made
				  pursuant to Chapter 12 (§ 28.2-100 et seq.) of Title 28.2 of the Code of
				  Virginia. Such public notice shall be made in accordance with the following
				  provisions.
Statutory Authority
§ 28.2-103 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 120 - PERTAINING TO THE PROMULGATION OF A PUBLIC NOTICE ON APPLICATIONS TO ENCROACH IN, ON OR OVER SUBAQUEOUS LANDS OF THE COMMONWEALTH › Section 4VAC20-120-30 - Content and publication

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				notice shall accurately describe the nature and extent of the proposed project;
				shall include the location of the project; and shall include the applicant's
				name and address.
B. For projects
				which require both a state and federal permit, the district office of the U.S.
				Army Corps of Engineers will prepare a joint state/federal public notice, with
				the assistance of the Environmental Division of VMRC, which will be promulgated
				in accordance with U.S. Army Corps of Engineers chapters and local district
				policy.
C. For projects which
				qualify under either a U.S. Army Corps of Engineers nationwide or district
				general permit, or for which no federal permit is required, the public notice
				shall be placed in a newspaper having general circulation in the area where the
				project is proposed.
D. Copies of
				all comments received will be provided to the appropriate districts of the U.S.
				Army Corps of Engineers and the State Water Control Board.
Statutory Authority
§ 28.2-103 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 120 - PERTAINING TO THE PROMULGATION OF A PUBLIC NOTICE ON APPLICATIONS TO ENCROACH IN, ON OR OVER SUBAQUEOUS LANDS OF THE COMMONWEALTH › Section 4VAC20-120-40 - Commissioner's responsibility and authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner shall be responsible for
				seeing that the newspaper notice is published, as described in
				4VAC20-120-30 C above, and shall be
				the sole judge concerning the adequacy of content of the newspaper notice and
				selection of the newspaper.
B. The
				cost of publication of the notice required in
				4VAC20-120-30 C shall be borne by
				the applicant.
C. Cost of
				publication of the joint state/federal public notice prepared by the Norfolk
				and Baltimore districts of the U.S. Army Corps of Engineers will be borne by
				the district which prepares the notice.
Statutory Authority
§ 28.2-103 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 130 - PERTAINING TO PROHIBITED AREAS FOR USE OF PATENT TONGS › Section 4VAC20-130-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to provide for appropriate
				  conservation of the shellfish resources of the Commonwealth of
				  Virginia.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 130 - PERTAINING TO PROHIBITED AREAS FOR USE OF PATENT TONGS › Section 4VAC20-130-20 - 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.
"Public ground" means all those grounds defined in §
				  28.2-551 of the Code of Virginia, all grounds set aside as public ground by
				  court order, and all grounds set aside as public oyster ground or public clam
				  ground by order of the Marine Resources Commission.
"Unassigned ground" means all grounds other than public
				  ground as defined by this chapter and which have not been set aside or assigned
				  by lease, permit, or easement by 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 130 - PERTAINING TO PROHIBITED AREAS FOR USE OF PATENT TONGS › Section 4VAC20-130-30 - Poquoson River area

Current through Register Vol. 40, No. 24, July 15, 2024
The use of patent tongs is prohibited on all public and
				  unassigned ground in the Poquoson River and any of its tributaries, in Chisman
				  Creek and any of its tributaries, and in Cabin Creek and any of its tributaries
				  upstream of a line beginning at Hunts Point Survey Station Taylor and running
				  northwesterly to Survey Station Spit, thence northeasterly to Survey Station
				  Cabin North, thence easterly to Survey Station Cabin South; such line being the
				  same as the western boundary of the Poquoson River Shellfish Management Area as
				  set forth in VR 450-01-0073.
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 130 - PERTAINING TO PROHIBITED AREAS FOR USE OF PATENT TONGS › Section 4VAC20-130-40 - 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 140 - PERTAINING TO IDENTIFICATION OF CRAB POTS, PEELER POTS, EEL POTS, AND FISH POTS › Section 4VAC20-140-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to describe the lawful methods
				  an individual shall use to identify his licensed crab pots, peeler pots , fish
				  pots, or eel pots.
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 140 - PERTAINING TO IDENTIFICATION OF CRAB POTS, PEELER POTS, EEL POTS, AND FISH POTS › Section 4VAC20-140-15 - Identification of eel pots

Current through Register Vol. 40, No. 24, July 15, 2024
Any person owning or using an eel pot, for which a commercial
				  license is prescribed by law, shall display that person's Marine Resources
				  Commission identification number preceded by the letter "E" on each floating
				  buoy or stake attached to each such eel pot in a legible and visible manner and
				  in figures of not smaller than one inch in height.
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 140 - PERTAINING TO IDENTIFICATION OF CRAB POTS, PEELER POTS, EEL POTS, AND FISH POTS › Section 4VAC20-140-20 - Identification of fish pots

Current through Register Vol. 40, No. 24, July 15, 2024
Any person owning or using a fish pot, for which a license is
				  prescribed by law, shall display and maintain his current identification
				  number, assigned by the Marine Resources Commission, preceded by the letter "F"
				  on each floating buoy or stake attached to each such fish pot, in a legible and
				  visible manner.
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 140 - PERTAINING TO IDENTIFICATION OF CRAB POTS, PEELER POTS, EEL POTS, AND FISH POTS › Section 4VAC20-140-25 - Identification of crab pots and peeler pots

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person placing, setting, or fishing
				crab pots in Virginia waters, for which a commercial license is prescribed by
				law, shall display that person's Marine Resources Commission identification
				number, preceded by the letter "C," on each floating buoy or stake attached to
				each such crab pot in a legible and visible manner and in figures of not
				smaller than one inch in height.
B.
				Any person placing, setting, or fishing peeler pots in Virginia waters, for
				which a commercial license is prescribed by law, shall display that person's
				Marine Resources Commission identification number, preceded by the letter "P,"
				on each floating buoy or stake attached to each such peeler pot in a legible
				and visible manner and in figures of not smaller than one inch in
				height.
C. Except as provided in
				subsection D of this section, it shall be unlawful for any person to place
				numbers or letters on any crab pot or peeler pot buoy or stake that is in
				addition to the identification requirement described in subsection A or B of
				this section.
D. Any person who is
				legally licensed to crab pot or peeler pot in North Carolina or Maryland waters
				may also display identification required by those jurisdictions on the buoys or
				stakes attached to those crab pots or peeler pots while that person is placing,
				setting, or fishing those crab pots or peeler pots in Virginia
				waters.
E. Any identification shall
				be legally assigned or registered to that person as described in subsection D
				of 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 140 - PERTAINING TO IDENTIFICATION OF CRAB POTS, PEELER POTS, EEL POTS, AND FISH POTS › Section 4VAC20-140-30 - 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 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 150 - PERTAINING TO THE DREDGING OF CONCHS (ALSO KNOWN AS WHELKS) › Section 4VAC20-150-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to provide for the
				  conservation of conchs and to minimize gear conflicts.
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 150 - PERTAINING TO THE DREDGING OF CONCHS (ALSO KNOWN AS WHELKS) › Section 4VAC20-150-20 - General

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful to take conchs (also known as whelks)
				  by dredge from any of the waters under the jurisdiction of the Commonwealth
				  except during the seasons, from the areas, and in the manner described by this
				  regulation.
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 150 - PERTAINING TO THE DREDGING OF CONCHS (ALSO KNOWN AS WHELKS) › Section 4VAC20-150-40 - Days and hours

Current through Register Vol. 40, No. 24, July 15, 2024
A. Dredging on
				Sunday is prohibited.
B. For Area
				Number 1, dredges may be used only during the hours of one hour before sunrise
				to one hour after sunset, Monday through Saturday.
C. There shall be no hourly restriction for
				Area Number 2, Area Number 3, Area Number 4, and Area Number 5, except that if,
				in the judgment of the Marine Resources Commission the practice of dredging
				whelks at night in Area 2 and Area 4 is causing a hazard to the public safety
				or conflicting with other fishing or shell-fishing, then such hours may be
				limited by 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 150 - PERTAINING TO THE DREDGING OF CONCHS (ALSO KNOWN AS WHELKS) › Section 4VAC20-150-50 - Type and operation of dredge

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				For Area Number 1, Area Number 2, and Area Number 4, dredges shall be of a
				conventional type used for dredging of crabs. The use of hydraulic dredge in
				these areas is prohibited.
B. For
				Area Number 3 and Area Number 5 there shall be no gear restriction.
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 150 - PERTAINING TO THE DREDGING OF CONCHS (ALSO KNOWN AS WHELKS) › Section 4VAC20-150-60 - License

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful to dredge for conchs without first having obtained a license therefor,
				except that when dredging for conchs in Area Number 1, persons holding the
				regular crab dredging license prescribed by § 28.2-702 of the Code of
				Virginia, need not have the conch dredging license prescribed in this section.
				This license may be obtained from the marine police officer in charge of the
				district.
B. Any license shall at
				all times be on board the boat and available for inspection by any
				law-enforcement officer of the Marine Resources Commission.
C. There shall be no refund of any license
				fee or any part of one in the event a license is surrendered, suspended, or
				revoked.
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 150 - PERTAINING TO THE DREDGING OF CONCHS (ALSO KNOWN AS WHELKS) › Section 4VAC20-150-70 - Limitation of catch

Current through Register Vol. 40, No. 24, July 15, 2024
In Area Number 2 and Area Number 4, only conchs and horseshoe
				  crabs shall be taken, harvested or possessed. All other shellfish, crustaceans,
				  finfish, and other marine life caught during dredging shall be returned
				  immediately to the water. Possession of such for a time longer than is
				  necessary to return to the water will be in violation 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 150 - PERTAINING TO THE DREDGING OF CONCHS (ALSO KNOWN AS WHELKS) › Section 4VAC20-150-80 to 4VAC20-150-90 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 150 - PERTAINING TO THE DREDGING OF CONCHS (ALSO KNOWN AS WHELKS) › Section 4VAC20-150-100 - 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 160 - PERTAINING TO THE LEASING OF OYSTER PLANTING GROUND [REPEALED] › Section 4VAC20-160-10 to 4VAC20-160-30 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 170 - PERTAINING TO THE REMOVAL OF NETS › Section 4VAC20-170-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to prevent waste and provide
				  for the conservation of fisheries resources by preventing ghost fishing by
				  unattended nets.
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 170 - PERTAINING TO THE REMOVAL OF NETS › Section 4VAC20-170-20 - General

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to set nets on a fixed
				  fishing device and let said device or nets remain unfished.
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 170 - PERTAINING TO THE REMOVAL OF NETS › Section 4VAC20-170-30 - Violation

Current through Register Vol. 40, No. 24, July 15, 2024
A. If, upon visual
				observation, any marine police officer determines that a device or net, other
				than a staked gill net set west of the COLREGS Line and north of the
				North-Carolina-Virginia border and south of the Maryland-Virginia border, in
				Virginia waters, has not been fished for at least a five-day period, he shall
				notify the licensee, and if the licensee fails to fish said device or remove
				the net within seven days after notification the licensee shall be guilty of
				violation of this chapter.
B. If,
				upon visual observation, any marine police officer determines that any staked
				gill net has not been fished for at least a 24-hour period, he shall notify the
				licensee, and if the licensee fails to fish the staked gill net or remove the
				net within 24 hours after notification the licensee shall be guilty of a
				violation of this chapter.
C. If
				upon visual observation, any marine police officer determines that any gill net
				set in Virginia waters east of the COLREGS Line and north of the North
				Carolina-Virginia border and south of the Maryland-Virginia border, has not
				been fished for at least a 24-hour period, the officer shall notify the
				licensee, and if the licensee fails to fish the gill net or remove the net
				within 24 hours after notification, the licensee shall be guilty of a violation
				of this chapter.
Statutory Authority
§§ 28.2-201 and 28.2-236 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 170 - PERTAINING TO THE REMOVAL OF NETS › Section 4VAC20-170-40 - 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 190 - PERTAINING TO MEASURING MESH SIZE OF MENHADEN NETS › Section 4VAC20-190-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to set forth the procedure
				  that will be used for determining compliance with § 28.2-410 of the Code
				  of Virginia. This section sets forth in part: "It is also unlawful for any
				  person to use any purse net or other net having a stretched mesh of less than
				  1-3/4 inches." Since the law does not specify how the stretched mesh (mesh
				  size) will be determined, this chapter shall serve to clarify the term
				  stretched mesh and establish a technique for determining the size of the
				  stretched 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 190 - PERTAINING TO MEASURING MESH SIZE OF MENHADEN NETS › Section 4VAC20-190-20 - 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:
"Bunt" means the section of the net where the fish are
				  concentrated during pumping operations.
"Cork line" means the line containing floats or corks
				  attached to the top of the net as it hangs in the water.
"Ring line" means the line passed through the rings attached
				  to the bottom of the net as it hangs in the water.
"Selvedge" means the reinforced edge of the net required for
				  mounting of the net on the ring line and cork line.
"Stretched mesh" or "mesh size" means the inside distance
				  between two knots or joints on opposite sides of the 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 190 - PERTAINING TO MEASURING MESH SIZE OF MENHADEN NETS › Section 4VAC20-190-30 - Procedure

Current through Register Vol. 40, No. 24, July 15, 2024
A. The nets shall
				be wet when measured.
B. A
				measurement shall consist of the inside stretched distance of one
				mesh.
C. Fifty individual
				measurements shall be taken from the net in a location other than the bunt, at
				least 10 meshes below the selvedge, and from meshes that are not part of a
				seam.
D. The measuring device shall
				be inserted into the mesh in a vertical direction as the net is oriented
				between the ring line and cork line.
E. A force of 8.8 pounds (4 kilograms) shall
				be applied in taking the measurements.
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 190 - PERTAINING TO MEASURING MESH SIZE OF MENHADEN NETS › Section 4VAC20-190-40 - Compliance

Current through Register Vol. 40, No. 24, July 15, 2024
The stretched mesh will be determined by computing the
				  average of the 50 measurements which will yield the average stretched mesh
				  measurement and this average shall be equal to or greater than 1-3/4 inches
				  (44.45 millimeters).
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 190 - PERTAINING TO MEASURING MESH SIZE OF MENHADEN NETS › Section 4VAC20-190-50 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in § 28.2-410 of the Code of Virginia, any
				  person using any purse seine or other net having a stretched mesh of less than
				  1-3/4 inches to catch menhaden shall be guilty of 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 200 - PERTAINING TO THE REQUIREMENTS FOR REPORTING OYSTER TRANSACTIONS AND PAYMENT OF TAXES [REPEALED] › Section 4VAC20-200-10 - 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 200 - PERTAINING TO THE REQUIREMENTS FOR REPORTING OYSTER TRANSACTIONS AND PAYMENT OF TAXES [REPEALED] › Section 4VAC20-200-20 - 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 200 - PERTAINING TO THE REQUIREMENTS FOR REPORTING OYSTER TRANSACTIONS AND PAYMENT OF TAXES [REPEALED] › Section 4VAC20-200-30 - 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 200 - PERTAINING TO THE REQUIREMENTS FOR REPORTING OYSTER TRANSACTIONS AND PAYMENT OF TAXES [REPEALED] › Section 4VAC20-200-40 - 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 200 - PERTAINING TO THE REQUIREMENTS FOR REPORTING OYSTER TRANSACTIONS AND PAYMENT OF TAXES [REPEALED] › Section 4VAC20-200-50 - 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 220 - PERTAINING TO THE TAKING OF FINFISH BY GILL NETS › Section 4VAC20-220-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to provide for the long-term
				  conservation of stocks of food fish in Virginia's tidal waters, and to assure
				  that there is an appropriate balance of harvests for all user
				  groups.
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 220 - PERTAINING TO THE TAKING OF FINFISH BY GILL NETS › Section 4VAC20-220-20 - Gill nets

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any gill net,
				whether floating or submerged, that is not assigned a fixed location shall be
				set in a straight line. In enforcing this provision, Marine Patrol Officers
				shall take into consideration the effect of wind and tide on any net. Nothing
				in this subsection shall pertain to mullet nets when used in a directed fishery
				for mullet.
B. Any gill net,
				whether floating or submerged, that is not assigned a fixed location shall have
				no greater depth than 330 inches total stretched mesh measurement. Measurement
				shall be vertically from top to bottom. Possession of any gill net, rigged with
				floats and weights, and in excess of the aforementioned depth shall be deemed a
				violation of this subsection except that any person transitting Virginia's
				waters with any gill net not meeting the requirements of this chapter shall
				first notify and obtain permission from the Commissioner of Marine
				Resources.
C. Any gill net, whether
				floating or submerged, that is not assigned a fixed location shall be fished no
				closer than 200 feet to any other such gill net. No part of any such gill net
				shall be closer than 200 feet to any part of any other such gill net. In
				enforcing this provision, Marine Patrol Officers shall take into consideration
				the effect of wind and tide on the nets in question.
D. The provisions of subsection C of this
				section shall not be applicable to those gill nets without an assigned fixed
				location which are set and fished in the tributaries of the Chesapeake Bay.
				However, no two or more such gill nets shall be fixed or tied end-to-end such
				that the maximum licensed length prescribed by law is exceeded.
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 220 - PERTAINING TO THE TAKING OF FINFISH BY GILL NETS › Section 4VAC20-220-30 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A. 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.
B. The licensee or the
				master of the vessel tending such gill net shall be responsible for compliance
				with 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 230 - PERTAINING TO THE HARVESTING OF SURF CLAMS › Section 4VAC20-230-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to conserve the surf clam
				  resource in the waters of the Commonwealth and to ensure that the surf clam
				  resource within the waters of the Commonwealth and within the jurisdiction of
				  the federal government is managed as a unit stock under consistent management
				  measures.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 230 - PERTAINING TO THE HARVESTING OF SURF CLAMS › Section 4VAC20-230-20 - 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:
"Surf clam" means the species Spisula solidissima.
"Cage" means a standard unit of measure presumed to hold 32
				  bushels of surf clams or ocean quahogs in the shell. The outside dimensions of
				  a standard cage generally are three inches wide, four inches long, and five
				  inches high.
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 230 - PERTAINING TO THE HARVESTING OF SURF CLAMS › Section 4VAC20-230-30 - License

Current through Register Vol. 40, No. 24, July 15, 2024
Any person, desiring to harvest surf clams from the waters
				  under the jurisdiction of the Commonwealth shall first obtain a license from
				  the Marine Resources Commission for each boat so engaged. Such license shall be
				  for one calendar year.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 230 - PERTAINING TO THE HARVESTING OF SURF CLAMS › Section 4VAC20-230-40 - Minimum length

Current through Register Vol. 40, No. 24, July 15, 2024
A. A minimum
				size limit for surf clams of 43/4 inches in length is imposed on all surf clams
				coming from the waters of the Commonwealth, and it shall be unlawful for any
				person to possess clams less than the minimum size provided, however, that:
1. Ten percent of all full cages in
				possession, to the nearest whole cage (or at least one cage), can be withheld
				by the operator from inspection by the authorized officer.
2. As many as 240 surf clams in any full cage
				inspected by the authorized officer may be less than 43/4 inches in length. If
				any inspected cage is found to be in violation, all cages in possession and not
				withheld subject to subdivision A 1 of this section will be deemed in violation
				of the size limit.
3. To maintain
				consistency of management measures between state and federal jurisdictions, and
				when it is deemed in the best interest of the surf clam industry to do so, the
				Marine Resources Commission may by notice suspend the provisions of this
				section. Such suspension shall be on an annual basis.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 230 - PERTAINING TO THE HARVESTING OF SURF CLAMS › Section 4VAC20-230-50 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
Any marine police officer of the Marine Resources Commission,
				  and any U.S. Department of Commerce, National Marine Fisheries Service
				  law-enforcement officer, shall have and is hereby granted authority to enforce
				  the 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 230 - PERTAINING TO THE HARVESTING OF SURF CLAMS › Section 4VAC20-230-60 - 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 provisions 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 240 - PERTAINING TO THE TANGIER ISLAND CRAB SCRAPE SANCTUARY › Section 4VAC20-240-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to minimize gear conflicts
				  existing between crab pot fishermen and crab scrape fishermen in an area of
				  Chesapeake Bay north of Tangier Island.
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 240 - PERTAINING TO THE TANGIER ISLAND CRAB SCRAPE SANCTUARY › Section 4VAC20-240-20 - Gear limitation; closed area

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to place, set or fish a
				  crab pot or to harvest hard crabs by any gear in the following area: (all
				  latitudes and longitudes are based on North American Datum, 83 (1993))
				  beginning near the northernmost point of Fishbone Island, at 37° 53'
				  10.4510" north, 76° 00' 08.7703" west; thence in a northerly direction
				  approximately 0.92 miles to a point near the eastern shore of Herring Island,
				  at 37° 54' 03.4504" north, 76° 00' 27.7700" west; thence in a northerly
				  direction approximately 1.67 miles to a point near Peach Orchard Point, at
				  37° 55' 41.4491" north, 76° 00' 53.7692" west; thence following the
				  shoreline of South Point Marsh to a point on the marsh near South Point, at
				  37° 55' 19.4499" north, 76° 01' 30.7706" west; thence due west
				  approximately 0.80 miles to the remains of the overhead power cable west of the
				  westernmost point of Shanks Island at 37° 55' 20.7101" north, 76° 02'
				  31.6527" west, thence in a southeasterly direction, along the remains of the
				  overhead power cable, approximately 2.86 miles to a point near Upper Tump, at
				  37° 52' 50.5065" north, 76° 00' 45.6702" west; thence in a
				  northeasterly direction approximately 0.59 miles to a point near the
				  northernmost point of Fishbone Island, 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 240 - PERTAINING TO THE TANGIER ISLAND CRAB SCRAPE SANCTUARY › Section 4VAC20-240-25 - Bycatch allowance

Current through Register Vol. 40, No. 24, July 15, 2024
From August 1 through October 31, there shall be a limited
				  daily bycatch allowance of up to three bushels of female hard crabs for valid
				  peeler scrape licensees.
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 240 - PERTAINING TO THE TANGIER ISLAND CRAB SCRAPE SANCTUARY › Section 4VAC20-240-30 - 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 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 4VAC20-252-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to provide for the continued
				  sustained yield from the recovered striped bass stocks in Virginia and to limit
				  the growth of the number of commercial participants in this fishery. The
				  provisions pertaining to aquaculture serve to prevent the escape of cultured
				  hybrid striped bass into the natural environment and to minimize the impact of
				  cultured fish in the market place on the enforcement of other provisions of
				  this chapter.
This regulation is not intended to create any property right
				  in anyone, and the commission reserves the right to change this regulation at
				  any time it deems it necessary because of biological conditions and to change
				  the regulation in all other respects at any time it deems it necessary to carry
				  out its statutory mission.
Statutory Authority
§§ 28.2-201 and 28.2-204.1 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 4VAC20-252-30 - General prohibitions and requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person while
				aboard any boat or vessel or while fishing from shore or pier to alter any
				striped bass or to possess any altered striped bass such that its total length
				cannot be determined.
B. It shall
				be unlawful for any person to gaff or attempt to gaff any striped bass at any
				time.
C. It shall be unlawful to
				place, set, or fish any gill net within 300 feet of any bridge, bridge-tunnel,
				jetty, or pier during any open recreational striped bass season in the
				Chesapeake Bay and its tributaries, except during the period midnight Sunday
				through midnight Wednesday.
D.
				During the period April 1 through May 31, inclusive, it shall be unlawful for
				any person to set or fish any anchored gill net or staked gill net, for any
				purpose, within the spawning reaches of the James, Pamunkey, Mattaponi, and
				Rappahannock Rivers. Drift or float gill nets may be set and fished within the
				spawning reaches of these rivers during this period, provided that the person
				setting and fishing the net remains with the net during the time it is fishing
				and all striped bass that are caught shall be returned to the water
				immediately.
E. Any license or
				permit issued by the commission to fish for striped bass, recreationally or
				commercially, shall authorize any commission personnel or their designees to
				inspect, measure, weigh, or take biological samples from any striped bass in
				possession of the licensee or permittee.
F. Nothing in this chapter shall preclude any
				person, who is legally eligible to fish, from possessing any striped bass
				tagged with a Virginia Institute of Marine Science (VIMS) tag. Possession of
				VIMS-tagged striped bass shall not count towards the personal recreational
				possession limit. Permitted commercial striped bass individual transferable
				quota (ITQ) holders shall not be required to apply a tamper evident, numbered
				tag provided by the commission, in order to possess any striped bass tagged
				with a VIMS-inscribed tag. It shall be unlawful for any person to retain any
				VIMS-tagged striped bass except to provide the VIMS-tagged striped bass to a
				VIMS representative. Under no circumstance shall any VIMS-tagged striped bass
				be stored for future use or sale or delivered to any person who is not a VIMS
				representative.
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 4VAC20-252-40 - Severability

Current through Register Vol. 40, No. 24, July 15, 2024
Any provision of this chapter that is held invalid by a
				  court of competent jurisdiction shall not affect the validity of other
				  provisions of this chapter which can be given effect without the invalid
				  provision.
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 4VAC20-252-50 - Concerning recreational fishing: general

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person
				fishing recreationally to take, catch, or attempt to take or catch any striped
				bass by any gear or method other than hook-and-line, rod and reel, hand line,
				or spearing.
B. Any person fishing
				recreationally shall use non-offset, corrodible, non-stainless steel circle
				hooks when fishing with bait.
C.
				When fishing 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 persons on board legally eligible to fish
				multiplied by the applicable personal possession limit. The captain or operator
				of the boat or vessel shall be responsible for any boat or vessel possession
				limit.
D. When fishing from a boat
				or vessel where the entire catch is held in a common hold or container, the
				captain or operator of the boat or vessel shall be responsible for any minimum
				or maximum size limits.
E. It shall
				be unlawful to combine possession limits when there is more than one area or
				season open at the same time.
F. It
				shall be unlawful for any person while actively fishing pursuant to a
				recreational fishery to possess any striped bass that are smaller than the
				minimum size limit or larger than the maximum size limit for the area and
				season then open and being fished.
G. It shall be unlawful for any person
				fishing recreationally to transfer any striped bass to another person, while on
				the water or while fishing from a pier or shore.
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 4VAC20-252-55 - 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 252 - PERTAINING TO ATLANTIC STRIPED BASS › Section 4VAC20-252-80 - Chesapeake Bay and its tributaries spring/summer striped bass recreational fishery

Current through Register Vol. 40, No. 24, July 15, 2024
A. The open
				season for the Chesapeake Bay and its tributaries spring/summer striped bass
				recreational fishery shall be May 16 through June 15, inclusive.
B. The minimum size limit shall be 19 inches
				total length.
C. The maximum size
				limit shall be 24 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 4VAC20-252-90 - Chesapeake Bay and its tributaries fall striped bass recreational fishery

Current through Register Vol. 40, No. 24, July 15, 2024
A. The open season
				for the Chesapeake Bay and its tributaries fall striped bass recreational
				fishery shall be October 4 through December 31, inclusive.
B. The minimum size limit shall be 19 inches
				total length.
C. The maximum size
				limit shall be 24 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 4VAC20-252-100 - Potomac River tributaries summer/fall striped bass recreational fishery

Current through Register Vol. 40, No. 24, July 15, 2024
A. The open season
				for the Potomac River tributaries summer/fall striped bass recreational fishery
				shall correspond to the open summer/fall season as established by the Potomac
				River Fisheries Commission for the mainstem Potomac River and shall be May 16
				through July 6 and August 21 through December 31.
B. The minimum size limit shall be 19 inches
				total length.
C. The maximum size
				limit shall be 24 inches total length.
D. The daily possession limit shall be one
				fish per person.
Statutory Authority: §
											28.2-201 of the Code of
					 Virginia.