reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 890 - PERTAINING TO CHANNELED WHELK › Section 4VAC20-890-30 - Minimum size limits

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
				be unlawful for any person to possess more than 10 channeled whelk that measure
				less than 5-1/2 inches in length in any inspected basket, except as described
				in subsection D of this section.
B.
				Any police officer may fill one basket with channeled whelk for inspection from
				a single container or from within a vehicle, trailer, or the inside open part
				of the boat. The officer may inspect multiple baskets but must finish
				inspecting a basket before inspecting another. In the event the officer cannot
				fill a basket from a single container, the officer may fill the basket from any
				other single container in order to determine any violation of the possession
				limit of sublegal size channeled whelk.
C. Those undersized whelk in excess of the
				allowance level, as described in subsection A of this section, shall be
				returned immediately to the water alive.
D. Nothing in this section shall prohibit the
				possession of sublegal size channeled whelk imported from other states or
				jurisdictions, provided the following conditions are met:
1. Such imports shall have been landed in
				another state or jurisdiction and shall not have been imported into Virginia by
				waterborne transport.
2. Such
				imported channeled whelk are accompanied by a bill of sale that shall include
				the name of the seller, address and phone number of the seller, the license
				number of the seller if such license is required in the jurisdiction of
				harvest, the date of sale, and the quantity of channeled whelk purchased under
				the bill of sale.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 890 - PERTAINING TO CHANNELED WHELK › Section 4VAC20-890-35 - Possession and landing limits

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The possession and landing limits for channeled whelk shall be 60 bushels per
				licensed channeled whelk pot fishermen on board a vessel but shall not exceed
				120 bushels per vessel. Only one channeled whelk pot license per person shall
				be used to calculate the vessel limit.
B. It shall be unlawful for any person to
				possess aboard any vessel or to land more than the possession and landing limit
				for channeled whelk specified in subsection A of this section. In the
				enforcement of this provision, the vessel operator or captain shall be
				responsible for the possession and landing limit.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 890 - PERTAINING TO CHANNELED WHELK › Section 4VAC20-890-40 - Gear restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
				be unlawful for any person to possess channeled whelk harvested from Virginia
				waters by any means other than by hand, licensed conch dredge, licensed crab
				dredge, or licensed channeled whelk pot, except as described in
				4VAC20-890-50.
B. Except as provided in subsection C of this
				section, it shall be unlawful for any person to place, set, or fish, or attempt
				to place, set, or fish any channeled whelk pot that does not contain a bait
				bag.
C. Any person not utilizing
				horseshoe crabs as bait for channeled whelk shall be exempt from the provisions
				of subsection B of this section, provided that the possession of any quantity
				of horseshoe crabs on board the vessel of such person shall constitute prima
				facie evidence of a violation of this chapter. Further, the presence of any
				quantity of horseshoe crab in any channeled whelk pot not equipped with a bait
				bag shall constitute prima facie evidence of a violation of this
				chapter.
D. It shall be unlawful
				for any person to place, set, or fish or attempt to place, set, or fish any
				channeled whelk pot that exclusively contains more than either one-half of a
				female horseshoe crab or one male horseshoe crab, in whole or in
				parts.
E. It shall be unlawful for
				any person to land, attempt to land, or possess channeled whelk that were
				harvested by pots that do not meet 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 890 - PERTAINING TO CHANNELED WHELK › Section 4VAC20-890-45 - Monitoring requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
				be unlawful, for any person, firm, or corporation to buy any channeled whelk
				from any legally licensed harvester without first having obtained a Channeled
				Whelk Buyer's Permit from the Marine Resources Commission. Such permit shall be
				completed in full by the licensed seafood buyer. A copy of the Channeled Whelk
				Buyer's Permit shall be in possession of the permittee while buying or
				possessing channeled whelk.
B. Any
				licensed seafood buyer permitted to purchase channeled whelk shall provide
				written reports to the commission of daily purchases and harvest information of
				channeled whelk landed in Virginia organized by month on forms provided by the
				commission. Such information shall include the date of the purchase; the
				buyer's channeled whelk permit number and harvester's MRC ID number; the gear
				type; water area fished; city or county of landing; and number of bushels, bags
				or barrels of channeled whelk. These reports shall be completed in full and
				submitted to the commission no later than the 15th day of January for the prior
				year's purchases.
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 890 - PERTAINING TO CHANNELED WHELK › Section 4VAC20-890-50 - Bycatch exemption

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any crab pot fisherman, licensed in
				  accordance with the provisions of
				  4VAC20-610-10 et seq. and
				  4VAC20-880-10 et seq. and §
				  28.2-702 of the Code of Virginia, to possess more than five bushels of
				  channeled whelk.
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 890 - PERTAINING TO CHANNELED WHELK › Section 4VAC20-890-60 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in § 28.2-903 of the Code of Virginia, any
				  person violating any provision of this regulation shall be guilty of a Class 3
				  misdemeanor, and a second or subsequent violation of any provision of this
				  regulation 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 900 - PERTAINING TO HORSESHOE CRAB › Section 4VAC20-900-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish commercial
				  fisheries management measures and monitoring requirements in accordance with
				  the Interstate Fishery Management Plan for Horseshoe Crab.
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 900 - PERTAINING TO HORSESHOE CRAB › Section 4VAC20-900-20 - Definition

Current through Register Vol. 40, No. 24, July 15, 2024
The following words or terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"COLREGS Line" means the COLREGS Demarcation Line, as defined
				  in the Code of Federal Regulations (
				  33 CFR
				  80.510 Chesapeake Bay Entrance, VA).
"Horseshoe crab" means any crab of the species Limulus
				  polyphemus.
"Land" or "landing" means to enter port with horseshoe crabs
				  on board any boat or vessel, to begin offloading horseshoe crabs, or to offload
				  horseshoe crabs.
"Toms Cove Area" means all waters of Toms Cove and Little
				  Toms Cove located east of a line from the western most point of Assateague
				  Point to the western most point of Fishing Point and extending to the mean low
				  water line of Assateague 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 900 - PERTAINING TO HORSESHOE CRAB › Section 4VAC20-900-21 - License requirements and exemption

Current through Register Vol. 40, No. 24, July 15, 2024
A. The taking by hand of as many as five
				horseshoe crabs in any one day only for noncommercial use shall be exempt from
				the licensing requirements.
B. It
				shall be unlawful for any individual to land horseshoe crabs in Virginia for
				commercial purposes without first obtaining a horseshoe crab permit as
				described in this section. A valid horseshoe crab permit shall be required of
				each individual to land horseshoe crabs for commercial purposes. Possession of
				any quantity of horseshoe crabs that exceeds the limit described in subsection
				A of this section shall be presumed for commercial purposes.
C. It shall be unlawful for any individual to
				take, catch, possess, or land any horseshoe crab by trawl gear without first
				having obtained a Horseshoe Crab Trawl Permit. The Horseshoe Crab Trawl Permit
				shall only be issued to a Virginia registered commercial fisherman who was
				issued an unrestricted horseshoe crab endorsement license or horseshoe crab
				bycatch permit prior to the license moratorium of May 1, 2011, and meets either
				of the criteria in subdivision 1 or 2 of this subsection:
1. Shall have documentation of a minimum
				harvest amount of one horseshoe crab at any time from January 1, 1993, through
				December 31, 2010, by trawl gear in the commission's mandatory harvest
				reporting system; or
2. Shall have
				documentation of a minimum harvest amount of one horseshoe crab at any time
				from January 1, 2004, through December 31, 2010, by trawl gear in the federal
				dealer reports to the Standard Atlantic Fisheries Information System.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 900 - PERTAINING TO HORSESHOE CRAB › Section 4VAC20-900-25 - Commercial fisheries management measures

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any individual to
				harvest horseshoe crabs from any shore or tidal waters of Virginia within 1,000
				feet in any direction of the mean low water line from May 1 through June 7,
				except that pound net licensees permitted for horseshoe crab harvest may
				harvest horseshoe crabs beyond 500 feet seaward of mean low water during this
				period. The harvests of horseshoe crabs for biomedical use shall not be subject
				to this limitation.
B. From January
				1 through June 7 of each year, it shall be unlawful for any individual to land,
				in Virginia, any horseshoe crab harvested from federal waters.
C. Harvests for biomedical purposes shall
				require a special permit issued by the Commissioner of Marine Resources, and
				all crabs taken pursuant to such permit shall be returned to the same waters
				from which they were collected.
D.
				The annual commercial quota of horseshoe crab shall be 172,828 horseshoe crabs.
				Additional quantities of horseshoe crab may be transferred to Virginia by other
				jurisdictions, in accordance with the provisions of Addendum I to the Atlantic
				States Marine Fisheries Commission Fishery Management Plan for Horseshoe Crab,
				April 2000, provided that the combined total of the commercial quota and
				transfer from other jurisdictions shall not exceed 355,000 horseshoe crabs. It
				shall be unlawful for any individual to harvest from Virginia waters, or to
				land in Virginia, any horseshoe crab for commercial purposes after any
				calendar-year commercial quota of horseshoe crab has been attained and
				announced as such.
1. The horseshoe crab
				commercial trawl gear quota is equal to 12.488% of the commercial quota of
				horseshoe crabs described in this subsection or 21,583 horseshoe
				crabs.
2. The horseshoe crab
				commercial dredge gear quota is equal to 40.348% of the commercial quota of
				horseshoe crabs described in this subsection or 69,733 horseshoe
				crabs.
3. The horseshoe crab
				commercial hand harvest quota is equal to 22.095% of the commercial quota of
				horseshoe crabs described in this subsection or 38,186 horseshoe
				crabs.
4. The horseshoe crab
				commercial pound net quota is equal to 18.142% of the commercial quota of
				horseshoe crabs described in this subsection or 31,354 horseshoe
				crabs.
5. The horseshoe crab
				commercial general category quota is equal to 6.927% of the commercial quota of
				horseshoe crabs described in this subsection or 11,972 horseshoe
				crabs.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 900 - PERTAINING TO HORSESHOE CRAB › Section 4VAC20-900-26 - Commercial gear restricted area

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to harvest any horseshoe
				  crabs by dredge gear within Virginia Blue Crab Sanctuary Area 2 as described in
				  4VAC20-752-20. The Virginia Blue
				  Crab Sanctuary Area 2 consists of all tidal waters of the Chesapeake Bay that
				  are bounded by a line beginning at the mean low water line of Willoughby Spit
				  at its intersection with the center line of the Hampton Roads Bridge Tunnel
				  facility, Latitude 36° 58.0456514' N, Longitude 76° 17.8459721' W;
				  thence in a northwesterly direction to a point 200 feet offshore of mean low
				  water, Latitude 36° 58.0637717' N, Longitude 76° 17.8812821' W; thence
				  and following a line in a general easterly direction, said line being 200 feet
				  offshore of the mean low water line, to a point on Ocean View Fishing Pier
				  (formerly Harrison's Fishing Pier), Latitude 36° 57.6985477' N, Longitude
				  76° 15.5855211' W; thence northeasterly to Thimble Shoal Light, Latitude
				  37° 00.8708333' N, Longitude 76° 14.3970000' W; thence northeasterly to
				  Cape Charles Lighthouse, Latitude 37° 07.3743333' N, Longitude 75°
				  54.3898333' W; thence southwesterly along the COLREGS Line to its intersection
				  with the mean low water line of Cape Henry, Latitude 36° 55.6885268' N,
				  Longitude 76° 00.3772955' W; thence, in a general westerly direction,
				  following the mean low water line of the Chesapeake Bay, crossing the mouth of
				  the Lynnhaven River along the north side of the Lesner Bridge and the mouth of
				  Little Creek at the offshore ends of the stone breakwaters and continuing along
				  said mean low water line to a point at its intersection with the center line of
				  the Hampton Roads Bridge Tunnel facility, said point being the point of
				  beginning.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 900 - PERTAINING TO HORSESHOE CRAB › Section 4VAC20-900-36 - 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 900 - PERTAINING TO HORSESHOE CRAB › Section 4VAC20-900-37 - License moratorium

Current through Register Vol. 40, No. 24, July 15, 2024
As of May 1, 2011, the issuance of commercial licenses or
				  permits for horseshoe crab hand harvest, horseshoe crab bycatch, unrestricted
				  horseshoe crab endorsement, and restricted horseshoe crab endorsement shall be
				  prohibited except as described in this section. Only those registered
				  commercial fisherman who have been determined by the Marine Resources
				  Commission to have been issued a license or permit prior to May 1, 2011, for
				  horseshoe crab hand harvest, horseshoe crab bycatch, unrestricted horseshoe
				  crab endorsement, or restricted horseshoe crab endorsement shall be eligible to
				  purchase that license or permit after May 1, 2011.
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 900 - PERTAINING TO HORSESHOE CRAB › Section 4VAC20-900-38 - Control date

Current through Register Vol. 40, No. 24, July 15, 2024
The Marine Resources Commission hereby establishes December
				  31, 2010, as the control date for management of all horseshoe crab licenses and
				  fisheries in Virginia. Participation by any individual in a horseshoe crab
				  fishery after the control date will not be considered in the calculation of
				  horseshoe crabbing rights should further entry limitations be established. Any
				  individual entering the horseshoe crab fishery after the control date will
				  forfeit any right to future participation in the horseshoe crab 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 900 - PERTAINING TO HORSESHOE CRAB › Section 4VAC20-900-39 - Permit transfers

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				commissioner or his designee may approve transfers of a horseshoe crab permit,
				as described in
				4VAC20-900-21, to any individual
				who meets any of the following criteria:
1.
				Demonstrates a significant hardship on the basis of health and provides the
				commissioner documentation by an attending physician of the medical
				condition.
2. Demonstrates a
				significant hardship on the basis of a call to active military duty and
				provides the commissioner an explanation in writing and copy of the military
				orders for active duty.
3.
				Documents the death of an immediate family member eligible for a horseshoe crab
				license or permit and possessing a legal Commercial Fisherman Registration
				License.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 900 - PERTAINING TO HORSESHOE CRAB › Section 4VAC20-900-45 - Requirements of authorized agents

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				It shall be unlawful for any individual to serve as an agent for a horseshoe
				crab hand harvest permittee.
B. Any
				individual serving as an agent to harvest horseshoe crabs for any lawful
				licensed or permitted horseshoe crab fisherman, except as described in
				subsection A of this section, shall be limited to the use of only one
				registered commercial fisherman's horseshoe crab license or permit.
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 900 - PERTAINING TO HORSESHOE CRAB › Section 4VAC20-900-50 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in § 28.2-903 of the Code of Virginia, any
				  individual violating any provision of this chapter shall be guilty of a Class 3
				  misdemeanor, and a second or subsequent violation of any provision of this
				  chapter committed by the same individual within 12 months of a prior violation
				  is a Class 1 misdemeanor.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 900 - PERTAINING TO HORSESHOE CRAB › Form - FORMS (4VAC20-900)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia
				  Marine Mandatory Reports, MR 560001 (rev. 1/2015)
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 900 - PERTAINING TO HORSESHOE CRAB › Section - DOCUMENTS INCORPORATED BY REFERENCE (4VAC20-900)

Current through Register Vol. 40, No. 24, July 15, 2024
Addendum I to the Fisheries Management Plan for Horseshoe
				  Crab, Fishery Management Report No. 32, Atlantic States Marine Fisheries
				  Commission, April 2000.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 910 - PERTAINING TO SCUP (PORGY) › Section 4VAC20-910-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to (i) reduce fishing
				  mortality and increase the size of the scup spawning stock; (ii) improve yield
				  from the commercial and recreational fisheries; (iii) promote compatible
				  measures between the states and federal fishery jurisdictions; and (iv)
				  maintain compliance with the Interstate Fishery Management Plan for Scup as
				  required by the Atlantic Coastal Fisheries Cooperative Management Act ( 16 USC
				  § 5101 et seq.).
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 910 - PERTAINING TO SCUP (PORGY) › Section 4VAC20-910-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter
				  shall have the following meaning unless the context clearly indicates
				  otherwise.
"Scup" means any fish of the species Stenotomus chrysops,
				  commonly referred to as porgy.
"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.
"Virginia Summer period quota" means Virginia's 0.165% share
				  of the annual coastwide commercial scup Summer period quota managed by the
				  Atlantic States Marine Fisheries 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 910 - PERTAINING TO SCUP (PORGY) › Section 4VAC20-910-30 - Minimum size limits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				minimum size limit of scup harvested by commercial fishing gear shall be nine
				inches in total length.
B. The
				minimum size limit of scup harvested by recreational fishing gear including
				hook and line, rod and reel, spear, and gig shall be nine inches in total
				length.
C. It shall be unlawful for
				any person to catch and retain possession of any scup of smaller than the
				designated minimum size limit, as described, respectively, in subsections A and
				B of this section.
D. It shall be
				unlawful for any person to sell, trade, barter, or offer to sell, trade, or
				barter any scup 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 910 - PERTAINING TO SCUP (PORGY) › Section 4VAC20-910-40 - Gear restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to place, set, or fish
				  any fish pot in Virginia tidal waters for the purposes of harvesting scup or to
				  land in Virginia scup harvested by fish pots that are not constructed as
				  follows:
1. With an escape vent of
				2.25 inches square dimension or 3.1 inches diameter circular dimension;
				and
2. With hinges and fasteners on
				one panel or door made of one of the following materials:
a. Untreated hemp, jute, or cotton string of
				3/16 inches diameter or smaller;
b.
				Magnesium alloy, timed float releases or similar magnesium alloy fasteners;
				or
c. Ungalvanized or uncoated iron
				wire of 0.094 inches diameter or smaller.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 910 - PERTAINING TO SCUP (PORGY) › Section 4VAC20-910-45 - Possession limits and harvest quotas

Current through Register Vol. 40, No. 24, July 15, 2024
A. During the commercial Winter I period
				January 1 through April 30 of each year, it shall be unlawful for any person to
				do any of the following:
1. Possess aboard
				any vessel in Virginia more than 50,000 pounds of scup;
2. Land in Virginia more than a total of
				50,000 pounds of scup during each consecutive seven-day landing period, with
				the first seven-day period beginning on January 1; or
3. When it is projected and announced that
				80% of the coastwide quota for the Winter I period has been attained, possess
				aboard any vessel or land in Virginia more than a total of 1,000 pounds of
				scup.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 910 - PERTAINING TO SCUP (PORGY) › Section 4VAC20-910-50 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in § 28.2-903 of the Code of Virginia, any
				  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 920 - PERTAINING TO LANDING LICENSES › Section 4VAC20-920-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish a license for the
				  landing of seafood for commercial purposes in.
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 920 - PERTAINING TO LANDING LICENSES › Section 4VAC20-920-20 - 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:
"Land" or "landing" means to (i) enter port with finfish,
				  shellfish, crustaceans, or other marine seafood on board any boat or vessel;
				  (ii) begin offloading finfish, shellfish, crustaceans, or other marine seafood;
				  or (iii) offload finfish, shellfish, crustaceans, or other marine
				  seafood.
Statutory Authority
§§ 28.2-201 and 28.2-228.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 920 - PERTAINING TO LANDING LICENSES › Section 4VAC20-920-30 - License requirements and exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any boat or
				vessel to land seafood in Virginia for commercial purposes without a Seafood
				Landing License provided from the Virginia Marine Resources Commission or its
				agent. The license shall be required of each boat or vessel used to land
				seafood for commercial purposes. Possession of any quantity of a marine seafood
				species which exceeds the recreational possession limit for that species shall
				be presumed to be for commercial purposes. Any boat or vessel so licensed shall
				display a Seafood Landing License decal provided by the Virginia Marine
				Resources Commission. The decals shall be displayed on both the port and
				starboard sides of the pilot house.
B. It shall be unlawful for any buyer of
				seafood to receive any marine seafood from any boat or vessel which is not
				licensed for the landing of seafood unless that boat or vessel is exempt from
				the requirement to obtain a Seafood Landing License as described in this
				section.
C. Any boat or vessel
				which is both owned and operated by a person who holds a valid Virginia
				Commercial Fisherman Registration License shall be exempt from the requirement
				to obtain a Seafood Landing License.
D. Any boat or vessel operated by a person
				harvesting and landing marine seafood from the Potomac River who holds a valid
				Potomac River Fisheries Commission commercial license shall be exempt from the
				requirement to obtain a Seafood Landing License.
E. Any boat or vessel operated by a person
				harvesting and landing marine seafood from leased ground or reharvesting marine
				seafood as part of the shellfish relay process shall be exempt from the
				requirements to obtain a Seafood Landing License.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 920 - PERTAINING TO LANDING LICENSES › Section 4VAC20-920-50 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A. As set forth in
				§
									28.2-228.1
				of the Code of Virginia, the following shall constitute Class 3 misdemeanors:
(i) landing seafood without the license
				required by this chapter and
(ii)
				failure to produce or have available for inspection the license required by
				this chapter when requested by any officer. Failure to produce the license is
				prima facie evidence that the person is landing seafood without a
				license.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 950 - PERTAINING TO BLACK SEA BASS › Section 4VAC20-950-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purposes of this chapter are to (i) reduce fishing
				  mortality in the black sea bass fishery to ensure that overfishing does not
				  occur, (ii) promote the health of the spawning stock biomass, (iii) improve the
				  yield from the fishery, (iv) distribute shares of the black sea bass quota to
				  those fishermen who demonstrate a previous history of participation in the
				  fishery, and (v) encourage safe black sea bass aquaculture
				  practices.
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 950 - PERTAINING TO BLACK SEA BASS › Section 4VAC20-950-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meaning unless the context clearly indicates
				  otherwise.
"Annual quota" means Virginia's 15.88% share of the annual
				  coastwide commercial black sea bass quota managed by the Atlantic States Marine
				  Fisheries Commission.
"Black sea bass" means any fish of the species Centropristis
				  striata.
"Land" or "landing" means to (i) enter port with finfish,
				  shellfish, crustaceans, or other marine seafood on board any boat or vessel;
				  (ii) begin offloading finfish, shellfish, crustaceans, or other marine seafood;
				  or (iii) offload finfish, shellfish, crustaceans, or other marine
				  seafood.
"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, excluding the caudal fin filament,
				  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 950 - PERTAINING TO BLACK SEA BASS › Section 4VAC20-950-30 - Minimum size limit

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				minimum size for black sea bass harvested by commercial fishing gear shall be
				11 inches in total length. It shall be unlawful for any person to sell, trade,
				or barter, or offer to sell, trade, or barter any black sea bass less than 11
				inches in total length, except as described in
				4VAC20-950-70.
B. The minimum size of black sea bass
				harvested by recreational gear, including hook and line, rod and reel, spear
				and gig, shall be 13 inches in total length.
C. It shall be unlawful for any person to
				possess any black sea bass smaller than the minimum size limit, as designated
				respectively, in subsections A and B of this section, except as described in
				4VAC20-950-70.
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 950 - PERTAINING TO BLACK SEA BASS › Section 4VAC20-950-40 - Gear restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to place, set, or fish
				  any fish pot in Virginia tidal waters for the purposes of harvesting black sea
				  bass or to possess or to land in Virginia black sea bass harvested by fish pots
				  which are not constructed as follows:
1. With two escape vents of 2-1/2 inches
				diameter circular dimension, or 2 inches square dimension, or 1-3/8 inches by
				5-3/4 inches rectangular dimension.
2. With hinges or fasteners on one side panel
				or door , which measures at least 3 inches by 6 inches, made of the following
				materials:
a. Untreated hemp, jute, or cotton
				string of 3/16 inches or less diameter;
b. Magnesium alloy, timed float releases
				(pop-up devices), or similar magnesium alloy fasteners; or
c. Ungalvanized or uncoated iron wire of
				0.094 inches or less in diameter.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 950 - PERTAINING TO BLACK SEA BASS › Section 4VAC20-950-45 - Recreational possession limits and seasons

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person
				fishing with hook-and-line, rod and reel, spear, gig, or other recreational
				gear to possess more than 15 black sea bass. When fishing from a recreational
				vessel where the entire catch is held in a common hold or container, the
				possession limit shall be for that vessel and shall be equal to the number of
				persons on board legally licensed to fish, multiplied by 15. The captain or
				operator of the vessel shall be responsible for that vessel possession limit.
				Any black sea bass taken after the possession limit has been reached shall be
				returned to the water immediately.
B. Possession of any quantity of black sea
				bass that exceeds the possession limit described in subsection A of this
				section shall be presumed to be for commercial purposes.
C. The open recreational fishing season shall
				be from May 15 through July 15 and August 4 through December 31.
D. It shall be unlawful for any person
				fishing recreationally to take, catch, or possess any black sea bass, except
				during an open recreational season.
E. From February 1 through the last day of
				February, it shall be unlawful for any person to possess or land any black sea
				bass harvested from a recreational vessel, unless the captain or operator of
				that recreational vessel has obtained a Recreational Black Sea Bass Permit from
				the Marine Resources Commission (commission).
1. The captain or operator shall be
				responsible for reporting for all anglers on the recreational vessel and shall
				provide that captain's or that operator's Marine Resources Commission
				identification (MRC ID) number, the date of fishing, the number of persons on
				board, the mode of fishing, and the number of black sea bass kept or released.
				That report shall be submitted to the commission on forms provided by the
				commission or through the Virginia Saltwater Fisherman's Journal.
a. It shall be unlawful for any permittee to
				fail to report each trip where black sea bass were targeted, whether black sea
				bass were harvested, released, or not caught, by March 15 of the current
				calendar year.
b. It shall be
				unlawful for any permittee who did not take any fishing trips to target black
				sea bass in the February recreational black sea bass season to fail to report
				lack of participation by March 15 of the current calendar year.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 950 - PERTAINING TO BLACK SEA BASS › Section 4VAC20-950-46 - Directed fishery and bycatch fishery permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person to
				participate in the commercial black sea bass fishery or to possess, harvest, or
				sell black sea bass, except as described in 4VAC20-950-60 and 4VAC20-950-70,
				without first qualifying for and obtaining either a directed fishery permit or
				a bycatch fishery permit from the commission, as described, respectively, in
				subsections B, C, and D of this section, unless that person meets the
				requirements described in 4VAC20-950-48.2.
B. Any person who qualified for a directed
				commercial black sea bass fishery permit, as of January 1, 2003, by satisfying
				all the eligibility criteria listed in this subsection shall remain eligible
				for that permit, unless that person permanently transferred all that person's
				shares of the directed fishery quota.
1. That
				person shall hold either a Commercial Fisherman Registration License or a
				Seafood Landing License in addition to a federal Black Sea Bass Moratorium
				Permit; and
2. That person shall
				have landed and sold in Virginia at least 10,000 pounds of black sea bass from
				July 1, 1997, through December 31, 2001.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 950 - PERTAINING TO BLACK SEA BASS › Section 4VAC20-950-47 - Commercial harvest quotas

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				commercial black sea bass directed fishery quota shall be allocated 100% of the
				annual quota each year except the commercial directed fishery quota shall not
				include the amount of annual quota allocated to the commercial black sea bass
				bycatch fishery specified in subsection B of this section. When it has been
				announced by the commission that the directed fishery quota has been projected
				as reached and the directed fishery has been closed, it shall be unlawful for
				any commercial black sea bass directed fishery permittee to possess aboard any
				vessel or land in Virginia any black sea bass.
B. The commercial black sea bass bycatch
				fishery shall be allocated 40,000 pounds of the annual quota each calendar
				year. When it has been announced that the bycatch fishery quota has been
				projected as reached and the bycatch fishery has been closed, it shall be
				unlawful for any commercial black sea bass bycatch fishery permittee to possess
				aboard any vessel or land in Virginia any black sea bass. In the event the
				bycatch fishery quota is exceeded, the amount of the bycatch fishery quota
				overage shall be deducted from the following year's bycatch fishing
				quota.
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 950 - PERTAINING TO BLACK SEA BASS › Section 4VAC20-950-48.1 - Individual transferable quotas

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Shares of the directed fishery quota, in pounds, held by any permitted
				fisherman in the directed fishery may be transferred to another person, and
				such transfer shall allow the transferee to harvest, possess, and land black
				sea bass in Virginia in a quantity equal to the shares of the directed fishery
				quota transferred, provided that transferee satisfies the eligibility
				requirements described in 4VAC20-950-46 B 1.
B. Any transfer of black sea bass shall be
				limited by the following conditions.
1.
				Commercial black sea bass shares of the directed fishery quota shall not be
				transferred in any quantity less than 200 pounds.
2. No person permitted for the directed
				fishery may hold more than 20% of the annual directed fishery quota.
3. No transfer of shares of the black sea
				bass directed fishery quota shall be authorized unless such transfer is
				documented on a form provided by the commission and approved by the
				commissioner.
4. Any person who
				receives a permanent transfer of directed fishery quota but does not satisfy
				the eligibility requirements described in 4VAC20-950-46 B 1 shall remain
				eligible to transfer shares of that person's directed fishery quota in
				accordance with this section.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 950 - PERTAINING TO BLACK SEA BASS › Section 4VAC20-950-48.2 - Alternate vessel authorization requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person possessing a directed fishery
				permit may authorize an alternate vessel to harvest, possess, and land any
				portion of that person's individual directed fishery quota, provided the
				following conditions are met:
1. The directed
				fishery permit holder has submitted a completed and notarized alternate vessel
				authorization form to the commission.
2. The alternate vessel named on the
				authorization form holds a federal Black Sea Bass Moratorium Permit and that
				alternate vessel either holds a Virginia Seafood Landing License or that
				alternate vessel's owner and operator holds a Commercial Fisherman Registration
				License.
3. The alternate vessel
				authorization has been accepted and approved by the commissioner.
4. The alternate vessel maintains copies of
				the alternate vessel authorization form and the permit of the directed fishery
				quota owner at all times while serving as the alternate vessel.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 950 - PERTAINING TO BLACK SEA BASS › Section 4VAC20-950-49 - Reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
				be unlawful for any person permitted for the directed fishery, the bycatch
				fishery, or for an authorized alternate landing vessel to fail to contact,
				within one hour of landing, the Law Enforcement Operations to report that
				person's name and the name of the vessel, that person's permit number, the
				location where catch will be offloaded, and the estimated weight of the landing
				of black sea bass.
B. It shall be
				unlawful for any person permitted for the directed fishery, the bycatch
				fishery, or for an authorized alternate landing vessel to fail to contact,
				within 24 hours of landing, the Marine Resources Commission's Interactive Voice
				Recording System to report the name of the permit holder and the name of the
				vessel that landed the black sea bass, date of landing, the permit number, and
				the weight of black sea bass landed.
C. Any buyer of black sea bass from a
				directed fishery permittee, a bycatch fishery permittee, or an authorized
				alternate landing vessel shall maintain records of all purchases for the
				current year and prior year and make those records available to the Marine
				Resources Commission upon request.
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 950 - PERTAINING TO BLACK SEA BASS › Section 4VAC20-950-60 - Black sea bass aquaculture facility permit

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to operate an
				  aquaculture facility in which any black sea bass will be cultured, possessed,
				  offered for sale, or sold without first obtaining from the Marine Resources
				  Commission (commission) a black sea bass aquaculture facility permit for that
				  facility r. Any person in violation of any permit condition issued under this
				  section may have the permit revoked at any time upon review by the commission.
				  If the commission revokes any person's permit for an aquaculture facility, then
				  that person shall not be eligible to apply for a like permit for a period of
				  two years from the date of revocation.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 950 - PERTAINING TO BLACK SEA BASS › Section 4VAC20-950-80 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in § 28.2-903 of the Code of Virginia, any
				  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 950 - PERTAINING TO BLACK SEA BASS › Form - FORMS (4VAC20-950)

Current through Register Vol. 40, No. 24, July 15, 2024
2021
				  Recreational/Charter Reporting Form (rev. 1/2021)
Application
				  for a Permit to Propagate Finfish (rev. 4/2024)
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 960 - PERTAINING TO TAUTOG › Section 4VAC20-960-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to (i) reduce fishing
				  mortality in the tautog fishery to assure that overfishing does not occur, (ii)
				  increase the spawning stock biomass, and (iii) establish criteria for
				  monitoring commercially harvested tautog.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.