reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 600 - PERTAINING TO POUND NET LICENSE SALES › Section 4VAC20-600-30 - Limit on sale of licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Except as provided in
				4VAC20-600-40, the total number of
				pound net licenses issued for any calendar year shall be limited to the number
				of pound net licenses sold on or before August 5, 1994, for calendar year 1994.
				No additional pound net licenses shall be sold for any calendar year.
B. All eligible license renewals by those
				licensees who meet the requirements of subsection A of this section,
				applications for vacant locations, if available, and requests for transfer of
				license shall be made in accordance with
				4VAC20-20-10 et seq.
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 600 - PERTAINING TO POUND NET LICENSE SALES › Section 4VAC20-600-40 - Exceptions to limit on pound net licenses

Current through Register Vol. 40, No. 24, July 15, 2024
Licenses issued for pound nets to be set in the following
				  areas shall not be limited in number:
1. In the James River, upstream of a line
				connecting Scotland Wharf with Jamestown Wharf.
2. In the Mattaponi and Pamunkey Rivers,
				upstream of the Route 33 bridges at West Point.
3. In the Rappahannock River, upstream of the
				Route 360 bridge at Tappahannock.
4. In the Virginia Potomac River tributaries,
				upstream of the Route 301 bridge.
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 600 - PERTAINING TO POUND NET LICENSE SALES › Section 4VAC20-600-50 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As provided 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 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 610 - PERTAINING TO COMMERCIAL FISHING AND MANDATORY HARVEST REPORTING › Section 4VAC20-610-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish the procedures
				  for the registration of commercial fishermen and the manner and form of
				  mandatory harvest reports from fishermen and others.
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 610 - PERTAINING TO COMMERCIAL FISHING AND MANDATORY HARVEST REPORTING › Section 4VAC20-610-25 - Oyster aquaculture permit requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purposes of collecting oyster
				fisheries statistics from the Virginia aquaculture industry, as authorized by
				§ 28.2-204 of the Code of Virginia and in accordance with § 28.2-613
				of the Code of Virginia, which describes conditions that determine the duration
				of a lease, any oyster aquaculture product owner shall obtain an oyster
				aquaculture product owner's permit and shall report harvest of any oysters from
				leased, subleased, or fee simple ground or any aquaculture growing area within
				or adjacent to Virginia tidal waters in accordance with
				4VAC20-610-60.
B. It shall be unlawful for any person,
				except an oyster aquaculture product owner permittee, oyster aquaculture
				harvester permittee, or a harvester designated for harvest by an oyster
				aquaculture product owner vessel permit, to harvest oysters from leased,
				subleased, or fee simple ground or any aquaculture growing area, within or
				adjacent to Virginia tidal waters, unless that person is authorized to harvest
				oysters from areas described in this subsection by an oyster aquaculture
				product owner.
C. It shall be
				unlawful for any person permitted as an oyster aquaculture harvester to fail to
				possess that permit on his person while harvesting unless that person is on a
				permitted oyster aquaculture product owner vessel and is harvesting oysters of
				that oyster aquaculture product owner.
D. Minor persons younger than 18 years of age
				shall be exempt from the requirements to obtain an oyster aquaculture
				harvester's permit provided that minor person is harvesting oysters under the
				supervision of a legally permitted oyster aquaculture product owner.
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 610 - PERTAINING TO COMMERCIAL FISHING AND MANDATORY HARVEST REPORTING › Section 4VAC20-610-26 - Clam aquaculture permit requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purposes of collecting clam
				fisheries statistics from the Virginia aquaculture industry, as authorized by
				§ 28.2-204 of the Code of Virginia and in accordance with § 28.2-613
				of the Code of Virginia, which describes conditions that determine the duration
				of a lease, any clam aquaculture product owner shall obtain a clam aquaculture
				product owner's permit and shall report harvest of any clams from leased,
				subleased, or fee simple ground or any aquaculture growing area, within or
				adjacent to Virginia tidal waters, in accordance with
				4VAC20-610-60.
B. It shall be unlawful for any person,
				except a clam aquaculture product owner permittee, clam aquaculture harvester
				permittee, or a harvester designated for harvest by a clam aquaculture product
				owner vessel permit, to harvest clams from leased, subleased, or fee simple
				ground or any aquaculture growing area, within or adjacent to Virginia tidal
				waters, unless that person is authorized to harvest clams from areas described
				in this subsection by a clam aquaculture product owner.
C. It shall be unlawful for any person
				permitted as an clam aquaculture harvester to fail to possess that permit on
				his person while harvesting unless that person is on a permitted clam
				aquaculture product owner vessel and is harvesting clams of that clam
				aquaculture product owner.
D. Minor
				persons younger than 18 years of age shall be exempt from the requirements to
				obtain a clam aquaculture harvester's permit provided that minor person is
				harvesting clams under the supervision of a legally permitted clam aquaculture
				product owner.
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 610 - PERTAINING TO COMMERCIAL FISHING AND MANDATORY HARVEST REPORTING › Section 4VAC20-610-30 - Commercial Fisherman Registration License; exceptions and requirements of authorized agents

Current through Register Vol. 40, No. 24, July 15, 2024
A. In accordance
				with § 28.2-241C of the Code of Virginia, only persons who hold a valid
				Commercial Fisherman Registration License may sell, trade, or barter their
				harvest, or give their harvest to another, in order that it may be sold,
				traded, or bartered. Only these licensees may sell their harvests from Virginia
				tidal waters, regardless of the method or manner in which caught. Exceptions to
				the requirement to register as a commercial fisherman for selling harvest are
				authorized for the following persons or firms only:
1. Persons taking menhaden under the
				authority of licenses issued pursuant to § 28.2-402 of the Code of
				Virginia.
2. Persons independently
				harvesting and selling, trading, or bartering no more than three gallons of
				minnows per day who are not part of, hired by, or engaged in a continuing
				business enterprise.
a. Only minnow pots, a
				cast net or a minnow seine less than 25 feet in length may be used by persons
				independently harvesting minnows.
b. All other marine species taken during the
				process of harvesting minnows shall be returned to the water
				immediately.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 610 - PERTAINING TO COMMERCIAL FISHING AND MANDATORY HARVEST REPORTING › Section 4VAC20-610-40 - Registration procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				applicant may renew his Commercial Fisherman Registration License by
				registering during the months of December through April as commercial fishermen
				as follows:
1. The applicant shall complete
				an application for a Commercial Fisherman Registration License.
2. The applicant shall mail the completed
				application to the Virginia Marine Resources Commission, 380 Fenwick Road,
				Building 96, Fort Monroe, VA 23651.
3. The Commercial Fisherman Registration
				License will be returned to the applicant by mail upon validation of his
				application.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 610 - PERTAINING TO COMMERCIAL FISHING AND MANDATORY HARVEST REPORTING › Section 4VAC20-610-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 28.201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 610 - PERTAINING TO COMMERCIAL FISHING AND MANDATORY HARVEST REPORTING › Section 4VAC20-610-65 - Noncompliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any initial
				violation of
				4VAC20-610-60 by any registered
				commercial fisherman, oyster aquaculture product owner permittee, clam
				aquaculture product owner permittee, or seafood landing licensee shall be
				subject to penalties as described in subdivisions 1 through 4 of this
				subsection.
1. Any failure to report harvest
				or no harvest activity or no landing in Virginia within one to three months
				after that report was due shall result in a minimum of one year of
				probation.
2. Any failure to report
				harvest or no harvest activity or no landing in Virginia within four to six
				months after that report was due shall result in a minimum of two years of
				probation.
3. Any failure to report
				harvest or no harvest activity or no landing in Virginia within seven to 12
				months after that report was due shall result in a minimum of six months of
				suspension of all commercial licenses and permits.
4. Any failure to report harvest or no
				harvest activity or no landing in Virginia more than 12 months after that
				report was due shall result in a minimum of one year of suspension of all
				commercial licenses and permits.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 610 - PERTAINING TO COMMERCIAL FISHING AND MANDATORY HARVEST REPORTING › Section 4VAC20-610-70 - 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. In addition to the
				penalties described by law, any person violating any provision of this chapter
				may be subject to license suspension or revocation.
Statutory Authority
§§ 28.2-201, 28.2-204, 28.2-242 and 28.2-243 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 610 - PERTAINING TO COMMERCIAL FISHING AND MANDATORY HARVEST REPORTING › Form - FORMS (4VAC20-610)

Current through Register Vol. 40, No. 24, July 15, 2024
Captain's Daily Fishing Report (eff. 8/02).
Monthly
				  Harvest Reporting Form, MR027540 (rev. 2/10)
.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 610 - PERTAINING TO COMMERCIAL FISHING AND MANDATORY HARVEST REPORTING › Section - DOCUMENTS INCORPORATED BY REFERENCE (4VAC20-610)

Current through Register Vol. 40, No. 24, July 15, 2024
Amendment 1 to the Interstate Fishery Management Plan for
				  Atlantic Menhaden, Atlantic States Marine Fisheries Commission, July
				  2001.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 620 - PERTAINING TO SUMMER FLOUNDER › Section 4VAC20-620-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to manage commercial and
				  recreational fishing mortality in order to maintain healthy stocks of summer
				  flounder and to establish a license for commercial fishing vessels to land
				  summer flounder in 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 620 - PERTAINING TO SUMMER FLOUNDER › Section 4VAC20-620-20 - 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 indicates otherwise:
"Chesapeake Bay and its tributaries" means all tidal waters
				  of Virginia, excluding the Potomac River tributaries and the coastal area as
				  defined in this section.
"Coastal area" means the area that includes Virginia's
				  portion of the Territorial Sea and all of the creeks, bays, inlets, and
				  tributaries on the seaside of Accomack County, Northampton County, including
				  areas east of the causeway from Fisherman Island to the mainland and the City
				  of Virginia Beach, including federal areas and state parks fronting on the
				  Atlantic Ocean and east and south of the point where the shoreward boundary of
				  the Territorial Sea joins the mainland at Cape Henry.
"Land" or "landing" means to (i) enter port with finfish,
				  shellfish, crustaceans, or other marine seafood on board any boat or vessel;
				  (ii) begin off loading finfish, shellfish, crustaceans, or other marine
				  seafood; or (iii) off load finfish, shellfish, crustaceans, or other marine
				  seafood.
"Potomac River tributaries" means all the tributaries of the
				  Potomac River that are within Virginia's jurisdiction beginning with, and
				  including, Flag Pond, thence upstream to the District of Columbia
				  boundary.
"Safe harbor" means that a vessel has been authorized by the
				  commissioner to enter Virginia waters from federal waters solely to either dock
				  temporarily at a Virginia seafood buyer's place of business or traverse the
				  Intracoastal Waterway from Virginia to North Carolina.
"Snout" means the most forward projection from a fish's head
				  that includes the upper and lower jaw.
"Total length" means the length of a fish measured from the
				  most forward projection of the snout, with the mouth closed, to the tip of the
				  longer lobe of the tail (caudal) fin, measured with the tail compressed along
				  the midline, using a straight-line measure, not measured over the curve of the
				  body.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 620 - PERTAINING TO SUMMER FLOUNDER › Section 4VAC20-620-30 - Commercial harvest quota and allowable landings

Current through Register Vol. 40, No. 24, July 15, 2024
A. During each calendar year, allowable
				commercial landings of summer flounder shall be limited to a quota in total
				pounds calculated pursuant to the joint Mid-Atlantic Fishery Management
				Council/Atlantic States Marine Fisheries Commission Summer Flounder Fishery
				Management Plan.
B. The commercial
				harvest of summer flounder from Virginia tidal waters for each calendar year
				shall be limited to 100,000 pounds of the annual quota described in subsection
				A of this section.
C. It shall be
				unlawful for any person to harvest or to land summer flounder for commercial
				purposes after the commercial harvest limit or any allowable commercial
				landings as described in this section have been attained and announced as such.
				If any person lands summer flounder after the commercial harvest limit or any
				allowable commercial landing have been attained and announced as such, the
				entire amount of summer flounder in that person's possession shall be
				confiscated.
D. It shall be
				unlawful for any buyer of seafood to receive any summer flounder after any
				commercial harvest limit or allowable commercial landings as described in this
				section has been attained and announced as such.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 620 - PERTAINING TO SUMMER FLOUNDER › Section 4VAC20-620-40 - Commercial vessel possession and landing limitations

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person
				harvesting summer flounder outside of Virginia's waters to do any of the
				following, except as described in subsections B, C, and D of this section:
1. Possess aboard any vessel in Virginia
				waters any amount of summer flounder in excess of 10% by weight of Atlantic
				croaker or the combined landings, on board a vessel, of black sea bass, scup,
				squid, scallops, and Atlantic mackerel.
2. Possess aboard any vessel in Virginia
				waters any amount of summer flounder in excess of 1,500 pounds landed in
				combination with Atlantic croaker.
3. Fail to sell the vessel's entire harvest
				of all species at the point of landing.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 620 - PERTAINING TO SUMMER FLOUNDER › Section 4VAC20-620-41 - Summer flounder endorsement license, restricted summer flounder endorsement license, and exemption

Current through Register Vol. 40, No. 24, July 15, 2024
A. It
				shall be unlawful for any boat or vessel to land summer flounder in Virginia,
				for commercial purposes, without first obtaining a Seafood Landing License as
				described in
				4VAC20-920-30
				and a Summer Flounder Endorsement License or possessing a Restricted Summer
				Flounder Endorsement License. The Summer Flounder Endorsement License shall be
				required of each boat or vessel used to land summer flounder for commercial
				purposes. Possession of any quantity of summer flounder that exceeds the
				possession limit, described in
				4VAC20-620-60,
				shall be presumed to be for commercial purposes. Any boat or vessel so licensed
				shall display a Summer Flounder Endorsement 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 summer flounder from any boat or vessel that is not
				licensed for the landing of summer flounder unless that boat or vessel is
				exempt from the requirement to obtain a Seafood Landing License and a Summer
				Flounder Endorsement License as described in
				4VAC20-920-30
				and this section.
C. Any boat or
				vessel that is both owned and operated by a person who holds a valid Virginia
				Commercial Fisherman Registration License and is used solely for fishing for
				summer flounder only in Virginia waters shall be exempt from the requirement to
				obtain a Summer Flounder Endorsement 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 Summer Flounder Endorsement 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 relay process shall be exempt from the requirements to
				obtain a Summer Flounder Endorsement License.
F. To be eligible for a Summer Flounder
				Endorsement License the boat or vessel shall have landed and sold at least 500
				pounds of summer flounder in Virginia in at least one year during the period of
				1993 through 1995.
1. The owner shall
				complete an application for each boat or vessel by providing to the commission
				a notarized and signed statement of applicant's name, address, telephone
				number, boat or vessel name, and registration or documentation number and a
				copy of the vessel's federal summer flounder moratorium permit.
2. The owner shall complete a notarized
				authorization to allow the commission to obtain copies of landings data from
				the National Marine Fisheries Service.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 620 - PERTAINING TO SUMMER FLOUNDER › Section 4VAC20-620-42 - Summer flounder endorsement license and hardship exception

Current through Register Vol. 40, No. 24, July 15, 2024
Any licensed fisherman who provides to the commissioner an
				  opinion and supporting documentation from an attending physician of an existing
				  medical condition, proof of active military service, documentation that
				  indicates substantial vessel damage, or other significant extenuating
				  circumstances that prevented that licensed fisherman from satisfying the
				  eligibility criteria described in 4VAC20-620-41 F and can provide documentation
				  of having landed at least 500 pounds of summer flounder during any one year of
				  the 1990 through 1992 period may be authorized for an exception to the
				  requirements to be eligible for a Summer Flounder Endorsement License as
				  described in 4VAC20-620-41 F.
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 620 - PERTAINING TO SUMMER FLOUNDER › Section 4VAC20-620-50 - Minimum size limits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				minimum size for summer flounder harvested by commercial fishing gear shall be
				14 inches in total length.
B. The
				minimum size of summer flounder harvested by recreational fishing gear,
				including hook and line, rod and reel, spear, and gig, shall be 16 inches in
				total length January 1 through May 31 and 17.5 inches in total length June 1
				through December 31, except that the minimum size of summer flounder harvested
				in the Potomac River tributaries shall be the same as established by the
				Potomac River Fisheries Commission for the mainstem Potomac River.
C. It shall be unlawful for any person to
				possess any summer flounder smaller than the designated minimum size
				limit.
D. Nothing in this chapter
				shall prohibit the landing of summer flounder in Virginia that were legally
				harvested in the Potomac River.
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 620 - PERTAINING TO SUMMER FLOUNDER › Section 4VAC20-620-60 - Recreational possession limit

Current through Register Vol. 40, No. 24, July 15, 2024
A. It
				shall be unlawful for any person fishing in any tidal waters of Virginia,
				except the Potomac River tributaries, with recreational hook and line, rod and
				reel, spear, gig or other recreational gear to possess more than four summer
				flounder. When fishing is from a boat or vessel where the entire catch is held
				in a common hold or container, the possession limit shall be for the boat or
				vessel and shall be equal to the number of persons on board legally eligible to
				fish multiplied by four. The captain or operator of the boat or vessel shall be
				responsible for any boat or vessel possession limit. Any summer flounder taken
				after the possession limit has been reached shall be returned to the water
				immediately.
B. It shall be
				unlawful for any person fishing in the Potomac River tributaries with
				recreational hook and line, rod and reel, spear, gig or other recreational gear
				to possess more summer flounder than the possession limit established by the
				Potomac River Fisheries Commission for the mainstem Potomac River. When fishing
				is from a boat or vessel where the entire catch is held in a common hold or
				container, the possession limit shall be for the boat or vessel and shall be
				equal to the number of persons on board legally eligible to fish multiplied by
				the possession limit established by the Potomac River Fisheries Commission for
				the mainstem Potomac River. The captain or operator of the boat or vessel shall
				be responsible for any boat or vessel possession limit. Any summer flounder
				taken after the possession limit has been reached shall be returned to the
				water immediately.
C. Possession of
				any quantity of summer flounder that exceeds the possession limit described in
				subsections A and B of this section shall be presumed to be for commercial
				purposes.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 620 - PERTAINING TO SUMMER FLOUNDER › Section 4VAC20-620-70 - Recreational fishing season

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				recreational fishing season for any tidal waters of Virginia, except the
				Potomac River tributaries, shall be open year-round.
B. The recreational fishing season for the
				Potomac River tributaries shall be the same as established by the Potomac River
				Fisheries Commission for the mainstem Potomac River.
C. It shall be unlawful for any person
				fishing recreationally to take, catch, or possess any summer flounder during
				any closed recreational fishing season.
D. Nothing in this chapter shall prohibit the
				landing of summer flounder in Virginia that were legally harvested in the
				Potomac River.
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 620 - PERTAINING TO SUMMER FLOUNDER › Section 4VAC20-620-80 - 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. Any person found guilty of violating any
				of the seafood laws or regulations of Virginia may have that person's Summer
				Flounder Endorsement License revoked upon review by the commission as provided
				for in §
									28.2-232
				of the Code 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 650 - ESTABLISHMENT OF OYSTER SANCTUARY AREAS › Section 4VAC20-650-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to protect and promote the
				  oyster resources within the designated sanctuary areas and to protect oyster
				  replenishment efforts.
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 650 - ESTABLISHMENT OF OYSTER SANCTUARY AREAS › Section 4VAC20-650-30 - Closure of sanctuary areas

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				All Oyster Sanctuary Areas shall be closed to the harvest of oysters, except
				that Seaside of the Eastern Shore Oyster Sanctuary Areas shall be closed to the
				harvest of all shellfish. Any person harvesting oysters or shellfish from the
				specified areas shall be guilty of a violation of this chapter.
B. It shall be unlawful for any person to
				possess any hand scrape, dredge, or patent tong gear that could be used to
				harvest shellfish on public or unassigned oyster grounds within 100 feet of any
				oyster sanctuary area, and such possession shall be considered as prima facie
				evidence of a 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 650 - ESTABLISHMENT OF OYSTER SANCTUARY AREAS › Section 4VAC20-650-40 - 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. In addition to the
				penalty prescribed by law, any person violating any provision of this chapter
				shall destroy, in the presence of a marine police officer, all shellfish in his
				possession, or, at the direction of the marine police officer, shall place the
				shellfish overboard on the nearest oyster sanctuary or closed shellfish area,
				and shall cease harvesting on that day. All harvesting apparatus may be subject
				to seizure, and, pursuant to § 28.2-232 of the Code of Virginia, all
				licenses and permits may be subject to revocation following a hearing before
				the Virginia 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 670 - PERTAINING TO RECREATIONAL GEAR LICENSES › Section 4VAC20-670-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish licenses for the
				  recreational and personal use of certain fishing and crabbing gear. Limits are
				  established on the amount of gear which may be used and the amount of catch
				  which may be taken. Gear identification requirements and harvest reporting
				  requirements are established to reduce the possibilities of gear conflicts and
				  to assess the levels of harvest made by recreational users of commercial
				  gear.
Statutory Authority
§§ 28.2-226.1 and 28.2-226.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 670 - PERTAINING TO RECREATIONAL GEAR LICENSES › Section 4VAC20-670-15 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
"Saltwater-freshwater boundary" means those lines on the
				  James, York and Rappahannock rivers, specified as follows:
1. For the James River and its tributaries: a
				line connecting Hog Point and the downstream point of the mouth of College
				Creek;
2. For the York River and
				its tributaries: the Route 33 bridges; and
3. For the Rappahannock River and its
				tributaries: the Route 360 Bridge.
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 670 - PERTAINING TO RECREATIONAL GEAR LICENSES › Section 4VAC20-670-20 - Recreational gear licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				person desiring to take or catch finfish or shellfish for recreational purposes
				in the tidal waters of Virginia using commercial gear authorized under §
				28.2-226.1 of the Code of Virginia shall first obtain the license for the
				appropriate gear.
B. Any license to
				use fishing gear for recreational purposes shall be issued to an individual for
				his exclusive use and shall not be transferable.
C. No person shall be issued more than one
				recreational gill net license, more than one recreational crab pot license,
				more than one crab trap license, nor more than one recreational eel pot
				license.
D. No license shall be
				required of any person taking minnows, menhaden, or mullet with a cast net for
				personal use as bait which is not to be sold, traded, or bartered.
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 670 - PERTAINING TO RECREATIONAL GEAR LICENSES › Section 4VAC20-670-25 - Harvest limits

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person licensed to use
				  recreational crab pots, recreational crab trap, or recreational ordinary crab
				  trotline, as described in
				  4VAC20-670-20, to take or possess
				  more than one bushel of hard crabs and two dozen peeler crabs, in any one day,
				  for personal use.
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 670 - PERTAINING TO RECREATIONAL GEAR LICENSES › Section 4VAC20-670-40 - Gear marking requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Buoys of any crab pot, eel pot, gill net or ordinary crab trot line used for
				recreational purposes shall be marked with the licensee's last four numbers of
				his social security number or driver's license number, preceded by the letter
				"R."
B. An offshore stake of any
				crab trap used for recreational purposes shall be marked with the licensee's
				last four numbers of his social security number or driver's license number,
				preceded by the letter "R."
C. In
				accordance with subsections A and B of this section, licensees shall mark their
				gear in a legible and visible manner and in figures of not less 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 670 - PERTAINING TO RECREATIONAL GEAR LICENSES › Section 4VAC20-670-50 - Reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Any person using recreational gear, other than recreational
				  cast net, recreational fish dip net or recreational eel pot, described in
				  4VAC20-670-20 shall report
				  annually, on forms provided by the commission, the weight and species
				  harvested, location of harvest, days fished, and amount of gear
				  used.
Statutory Authority
§§ 28.2-201, 28.2-226.1 and 28.2-226.2 of the
					 Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 670 - PERTAINING TO RECREATIONAL GEAR LICENSES › Section 4VAC20-670-60 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in § 28.2-903 of the Code of Virginia, any
				  person violating any provision of this chapter shall be guilty of a Class 3
				  misdemeanor and a second or subsequent violation of any provision of this
				  chapter committed by the same person within 12 months of a prior violation is a
				  Class 1 misdemeanor.
Statutory Authority
§§ 28.2-226.1 and 28.2-226.2 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 680 - PERTAINING TO GILL NETS › Section 4VAC20-680-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to preserve public safety and
				  reduce conflicts between gill net fishermen and others in this
				  area.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 680 - PERTAINING TO GILL NETS › Section 4VAC20-680-20 - Rescission

Current through Register Vol. 40, No. 24, July 15, 2024
VR 450-01-0092 is rescinded, and its provisions are
				  reenacted in
				  4VAC20-680-30 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 680 - PERTAINING TO GILL NETS › Section 4VAC20-680-30 - Gill net closed season and area

Current through Register Vol. 40, No. 24, July 15, 2024
From May 15 through September 15 of each year, it shall be
				  unlawful for any person to place, set, or fish any gill net within 400 feet of
				  the shoreline in the area bounded by the Hampton Roads Bridge-Tunnel eastward
				  to Cape Henry and south to the southern ocean front boundary of the United
				  States Dam Neck Military Base.
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 680 - PERTAINING TO GILL NETS › Section 4VAC20-680-40 - 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 the 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 700 - PERTAINING TO CRAB POTS › Section 4VAC20-700-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to conserve the blue crab
				  resource by promoting the escape of small crabs from crab pots through the use
				  of cull rings.
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 700 - PERTAINING TO CRAB POTS › Section 4VAC20-700-15 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
"Mainstem Chesapeake Bay" means all tidal waters westward of
				  the shoreward boundary of Virginia's portion of the federal territorial sea,
				  exclusive of the tributaries of the Chesapeake Bay and Potomac River.
"Seaside area" means any Virginia tidal waters on the ocean
				  side of Accomack and Northampton counties, including any bays, inlets or other
				  waters that have an open connection to ocean waters.
"Tributaries of the mainstem Chesapeake Bay" means those
				  waters outside of the mainstem of the Chesapeake Bay but westward of the
				  shoreward boundary of Virginia's portion of the federal territorial
				  sea.
Statutory Authority
§§ 28.2-201 and 28.2-210 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 700 - PERTAINING TO CRAB POTS › Section 4VAC20-700-20 - Cull ring requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				It shall be unlawful for any person to place, set or fish any crab pot, in
				Virginia's seaside area, that does not contain at least two unobstructed cull
				rings of size and location within the pot, as described in this subsection,
				except as provided in subsection C of this section. One cull ring shall be at
				least 2-5/16 inches inside diameter, and the other cull ring shall be at least
				2-3/16 inches inside diameter. These cull rings shall be located one each in
				opposite exterior side panels of the upper chamber of the pot.
B. It shall be unlawful for any person to
				place, set or fish any crab pot, in any Virginia waters, except as described in
				subsection A of this section, that does not contain at least two unobstructed
				cull rings. The two cull rings shall be at least 2-3/8 inches inside diameter
				and shall be located, one each, in opposite exterior side panels of the upper
				chamber of the pot.
C. Peeler pots
				with a mesh size less than 1-1/2 inches shall be exempt from the cull ring
				requirement.
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 700 - PERTAINING TO CRAB POTS › Section 4VAC20-700-30 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to § 28.2-903 of the Code of Virginia, any
				  person violating any provision of this chapter shall be guilty of a Class 3
				  misdemeanor, and a second or subsequent violation of any provision of this
				  chapter committed by the same person within 12 months of a prior violation is a
				  Class 1 misdemeanor.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 720 - PERTAINING TO RESTRICTIONS ON OYSTER HARVEST › Section 4VAC20-720-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to conserve Virginia's oyster
				  resources, especially oyster broodstock.
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 720 - PERTAINING TO RESTRICTIONS ON OYSTER HARVEST › Section 4VAC20-720-30 - Standing stock criteria

Current through Register Vol. 40, No. 24, July 15, 2024
Any public oyster ground or unassigned ground may be closed
				  to harvest by the Commissioner of the Marine Resources Commission, when it is
				  determined by the Oyster Replenishment Department that the standing stock of
				  oysters has been depleted by 50% or more. The initial estimate of standing
				  stock for each area shall be the volume of oysters as of October 1 of the
				  current year as determined by the Oyster Replenishment
				  Department.
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 720 - PERTAINING TO RESTRICTIONS ON OYSTER HARVEST › Section 4VAC20-720-35 - Public oyster ground harvest season

Current through Register Vol. 40, No. 24, July 15, 2024
The Marine Resources Commission shall be authorized to extend
				  the public oyster harvest season in the James River Seed Area, including the
				  Deep Water Shoal State Replenishment Area, but the extension shall not be
				  established to go beyond June 30.
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 720 - PERTAINING TO RESTRICTIONS ON OYSTER HARVEST › Section 4VAC20-720-50 - 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 720 - PERTAINING TO RESTRICTIONS ON OYSTER HARVEST › Section 4VAC20-720-60 - Day and time limit

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
				be unlawful to take, catch, or possess oysters on Saturday and Sunday from the
				public oyster grounds or unassigned grounds in the waters of the Commonwealth
				of Virginia for commercial purposes, except that this provision shall not apply
				to any person harvesting no more than one bushel per day by hand or ordinary
				tong for household use only during the season when the public oyster grounds or
				unassigned grounds are legally open for harvest.
B. It shall be unlawful to do any of the
				following from the harvest areas described in Table 1 or Table 2 of
				4VAC20-720-40:
1. Harvest or attempt to harvest oysters
				prior to sunrise or after sunset.
2. For any vessel to leave the dock until one hour before sunrise
				or return to the dock after sunset if the vessel has an oyster dredge or hand
				scrape aboard.
3. From October 1,
				2023, through October 31, 2023, for any person to harvest or attempt to harvest
				clean cull oysters after 11 a.m.
4.
				Beginning November 1, 2023, for any person to harvest or attempt to harvest
				clean cull oysters after noon with patent tongs, hand scrapes, or oyster
				dredges.
5. Beginning November 1,
				2023, for any person to harvest or attempt to harvest oysters after 2 p.m. with
				hand tongs.
In addition, it shall be unlawful for any vessel to leave the
				  dock until one hour before sunrise or return to the dock after sunset if the
				  vessel has an oyster dredge or hand scrape aboard.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 720 - PERTAINING TO RESTRICTIONS ON OYSTER HARVEST › Section 4VAC20-720-70 - Gear restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful for any person to harvest oysters in the James River Seed Area,
				including the Deep Water Shoal State Replenishment Seed Area, except by hand
				tong. It shall be unlawful for any person to have a hand scrape or oyster
				dredge on board a boat that is harvesting or attempting to harvest oysters from
				public grounds by hand tong.
B. It
				shall be unlawful to harvest oysters by any gear from the seaside of the
				Eastern Shore except by hand or hand tong. It shall be unlawful to harvest
				oysters that are not submerged at mean low water by any gear other than by
				hand.
C. It shall be unlawful for
				any person to have more than one hand scrape on board his vessel while he is
				harvesting oysters or attempting to harvest oysters from public grounds. It
				shall be unlawful for any person to have a hand tong on board his vessel while
				he is harvesting or attempting to harvest oysters from public grounds by hand
				scrape.
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 720 - PERTAINING TO RESTRICTIONS ON OYSTER HARVEST › Section 4VAC20-720-75 - Gear license

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any vessel or individual to harvest
				  shellfish for commercial purposes from the public oyster grounds as described
				  in 4VAC20-720-40 unless the individual
				  or an individual on board the harvesting vessel has been issued a valid
				  commercial fisherman's registration license, a valid gear license required for
				  the harvest area, and has paid the current year's oyster resource user fee to
				  harvest or possess any oysters for commercial purposes.
Statutory Authority: §
											28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 720 - PERTAINING TO RESTRICTIONS ON OYSTER HARVEST › Section 4VAC20-720-80

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											28.2-201 of the Code of
					 Virginia.