reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 10 - PERTAINING TO FISHING IN BROAD AND LINKHORN BAYS › Section 4VAC20-10-30 - Penalty

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

Current through Register Vol. 40, No. 24, July 15, 2024
The purposes of this chapter are to set forth the procedures
				  pertaining to the licensing of fixed fishing devices and the priority rights of
				  holders of fixed fishing device licenses, ensure the safety of persons fishing
				  near pound nets and staked gill nets, and reduce entanglements with sea turtles
				  and bottlenose dolphins.
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 20 - PERTAINING TO THE LICENSING OF FIXED FISHING DEVICES › Section 4VAC20-20-30 - Location, measurements, and modified pound net leader requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. A fixed fishing
				device shall be perpendicular to the shoreline insofar as possible.
B. In determining compliance with the
				requirements prescribing minimum distances between fixed fishing devices,
				measurement shall be made from the center line of each device.
C. An applicant shall state the desired
				length of the fixed fishing device, which shall not exceed the maximum limit
				prescribed by law. Such length shall be stated on any license issued by the
				officer. A licensee may apply for a new license to include a greater length
				provided such additional length does not make the device exceed the maximum
				legal length or the legal requirement of a minimum distance between successive
				fishing structures in the same row. In the event a licensee fishes a length
				less than that stated on the license, the unfished length shall be subject to
				the provisions of
				4VAC20-20-50 B.
D. Any offshore pound net, licensed and
				fished in Virginia tidal waters located within the Bottlenose Dolphin Pound Net
				Regulated Area, shall be equipped with a modified pound net leader as defined
				in 4VAC20-20-20 year-round.
E. It shall be unlawful to set, fish, or fail
				to remove a modified pound net leader, unless the pound net licensee has
				completed modified pound net leader compliance training and possesses onboard
				the vessel a valid modified pound net leader compliance training certificate
				issued by the National Marine Fisheries Service.
F. It shall be unlawful to set, fish, or fail
				to remove pound net gear in the Bottlenose Pound Net Regulated Area or Pound
				Net Regulated Area II unless it has all three continuous sections, as defined
				in 4VAC20-20-20, except that one or
				more sections may be missing for a maximum period of 10 days for purposes of
				setting, removing, or repairing pound nets.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 20 - PERTAINING TO THE LICENSING OF FIXED FISHING DEVICES › Section 4VAC20-20-35 - No-fishing zone

Current through Register Vol. 40, No. 24, July 15, 2024
A. The prohibited
				fishing zone around any pound net shall consist of that area bounded by two
				straight lines, 125 feet from the left and right sides of the centerline of the
				pound net, which extend parallel with the longest axis of the net from the
				channelward end of the head of the net to the shoreward end of the leader of
				the net.
B. It shall be unlawful
				for any person fishing from a boat or vessel to anchor, drift, troll, or
				otherwise fish within, or to cast into the prohibited fishing zone of any pound
				net which is marked according to the provisions of subsection C of this
				section. Further, it shall be unlawful for any person to take or harvest crabs
				from any part of a pound net which is marked according to the provisions of
				subsection C of this section unless such person has the written permission of
				the owner of the pound net.
C. If
				the owner of a pound net intends that the prohibited fishing zone be enforced
				around his pound net, that owner shall mark his net with flags placed at each
				end of the net, one at the channelward end of the head of the net and one at
				the shoreward end of the leader of the net. Each flag shall be of blaze-orange
				color, 12 inches high and 12 inches wide, and shall be supported by a mast of
				sufficient size to maintain the bottom of the flag at least four feet above the
				surface of the water.
D. It shall
				be unlawful for any person to tamper with any flag marking the prohibited
				fishing zone of any pound net.
E.
				It shall be unlawful for any person to tie, fasten or secure any boat or vessel
				to any pole, stake, netting or any other part of a pound net or staked gill
				net, except during the normal lawful fishing of such nets by the licensee, his
				crew or agent.
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 20 - PERTAINING TO THE LICENSING OF FIXED FISHING DEVICES › Section 4VAC20-20-40 - Priority rights; general

Current through Register Vol. 40, No. 24, July 15, 2024
Except as may be otherwise provided herein, chronological
				  order of receipt of applications shall be used to establish priority rights of
				  any applicant to any fixed fishing device location. In those instances of
				  simultaneous receipt, priority shall be determined by
				  lottery.
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 20 - PERTAINING TO THE LICENSING OF FIXED FISHING DEVICES › Section 4VAC20-20-60 - Priority rights; licensed location, request by other than current licensee

Current through Register Vol. 40, No. 24, July 15, 2024
Applications for license for currently licensed fixed
				  fishing device locations by persons other than the current licensee shall not
				  be accepted by the officer during the year any current license is
				  valid.
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 20 - PERTAINING TO THE LICENSING OF FIXED FISHING DEVICES › Section 4VAC20-20-70 - Priority rights; vacant location

Current through Register Vol. 40, No. 24, July 15, 2024
Application from any qualified applicant for any fixed
				  fishing device at a vacant and unlicensed location may be accepted by the
				  officer at any time during the year for which the license is intended, and only
				  for the year during which the license is intended, except that any application
				  received prior to noon on January 10 for any location believed to be vacant and
				  unlicensed pursuant to
				  4VAC20-20-50 B shall be considered
				  as received at noon on January 10, and in chronological order of
				  receipt.
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 20 - PERTAINING TO THE LICENSING OF FIXED FISHING DEVICES › Section 4VAC20-20-80 - Transfer and vested rights

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				A current fixed fishing device license, and the rights to renew same, may be
				transferred by the present licensee provided all parties comply with the
				existing statutes and regulations. Any transferee takes the license subject to
				all of the duties of the transferor.
B. Any rights a licensee may have, upon his
				death, shall be vested in his personal representative or lawful
				beneficiary.
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 20 - PERTAINING TO THE LICENSING OF FIXED FISHING DEVICES › Section 4VAC20-20-90 - 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 with 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 25 - PERTAINING TO POUND NET SITING PUBLIC INTEREST REVIEW › Section 4VAC20-25-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to set forth the procedures
				  for public notice and review of applications to establish a pound net at a new
				  location.
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 25 - PERTAINING TO POUND NET SITING PUBLIC INTEREST REVIEW › Section 4VAC20-25-20 - Content and publication of public notice

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner of any pound net making
				application to the commission to license that pound net at a new location shall
				advertise in the form of a public notice the proposed new location of the pound
				net and the applicant's name and address. The proposed location of the pound
				net shall be described in terms of its latitude and longitude and its position
				relative to the shoreline and landward properties, with reference to the
				nearest onshore locality.
B. The
				public notice shall be approved by the commissioner or his designee and shall
				be advertised in a newspaper of general circulation in the area where the pound
				net is proposed. The applicant shall assume the cost of publication of the
				public notice.
C. It shall be the
				responsibility of the owner of any pound net making application to the
				commission to license that pound net at a new location to provide the
				commission with names and addresses of all land owners and residents within 500
				feet of the most shoreward end of the proposed, new pound net location. Upon
				receipt of this information, the commission shall place a copy of the public
				notice on the agency's website and shall inform in writing all land owners and
				residents within 500 feet of the proposed, new pound net location of the public
				notice.
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 25 - PERTAINING TO POUND NET SITING PUBLIC INTEREST REVIEW › Section 4VAC20-25-30 - Public comment and commission review

Current through Register Vol. 40, No. 24, July 15, 2024
A. A public comment period shall extend for
				30 days from the date of advertisement of the public notice. During the comment
				period any interested citizen may offer written comment to the
				commission.
B. The receipt by the
				commissioner of any protest during the public comment period shall cause the
				application for a new pound net location to be placed on the next available
				agenda of the commission for public hearing and review by the
				commission.
C. In considering the
				licensing of a pound net at a new location, the commission shall be guided in
				its deliberation by the provisions of Article XI, Section I of the Constitution
				of Virginia and the public trust doctrine as defined by the common law of the
				Commonwealth adopted pursuant to § 1-10 of the Code of Virginia. The
				commission shall also consider the effects of placement of the pound net at the
				new location on the following:
1. Other
				reasonable and permissible uses of the state waters;
2. Marine and fishery resources of the
				Commonwealth;
3. Tidal
				wetlands;
4. Adjacent or nearby
				properties;
5. Water quality;
				and
6. Submerged aquatic
				vegetation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 25 - PERTAINING TO POUND NET SITING PUBLIC INTEREST REVIEW › Section 4VAC20-25-40 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in § 28.2-903 of the Code of Virginia, any
				  person violating any 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
				  guilty of a Class 1 misdemeanor.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 30 - PERTAINING TO THE LICENSING OF CRAB TRAPS AND POUNDS (REPEALED) › Section 4VAC20-30-10 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 28.2-201 and 28.2-701 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 30 - PERTAINING TO THE LICENSING OF CRAB TRAPS AND POUNDS (REPEALED) › Section 4VAC20-30-20 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 28.2-201 and 28.2-701 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 30 - PERTAINING TO THE LICENSING OF CRAB TRAPS AND POUNDS (REPEALED) › Section 4VAC20-30-30 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 28.2-201 and 28.2-701 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 30 - PERTAINING TO THE LICENSING OF CRAB TRAPS AND POUNDS (REPEALED) › Section 4VAC20-30-40 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 28.2-201 and 28.2-701 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 60 - PERTAINING TO THE DISPLAY OF LICENSES TO CATCH FINFISH OR CRABS › Section 4VAC20-60-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this regulation is to provide for effective
				  enforcement of the licensing requirements of the Code of Virginia and any
				  regulations requiring licenses.
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 60 - PERTAINING TO THE DISPLAY OF LICENSES TO CATCH FINFISH OR CRABS › Section 4VAC20-60-20 - Display

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				required to have a license or required to license a boat or a device for the
				purpose of taking or catching finfish or crabs shall have such license
				available for inspection during fishing and shall exhibit it whenever requested
				by any marine patrol officer.
B. If
				the license be for any type of fixed device, the holder of the license shall
				fasten the license plate securely in an upright position to one of the offshore
				stakes of the device.
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 60 - PERTAINING TO THE DISPLAY OF LICENSES TO CATCH FINFISH OR CRABS › Section 4VAC20-60-30 - Violation and penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A. Failure
				to exhibit the license upon demand of any marine patrol officer, or failure to
				display the license plate as required, shall be prima facie evidence that such
				person is fishing without a license.
B. As set forth in § 28.2-225 of the
				Code of Virginia, any person fishing without the required license shall be
				guilty of a Class 1 misdemeanor.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part I - Purpose and Definitions › Section 4VAC20-70-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to provide for the long-term
					 conservation and use of the soft shell clam and hard shell clam resources, and
					 to provide for appropriate stewardship over the public, leased, and unassigned
					 subaqueous grounds of the Commonwealth.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part I - Purpose and Definitions › Section 4VAC20-70-20 - 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.:
"Bull rake" means a device designed for use by hand for
					 the purpose of harvesting clams, and which has the following characteristics:
					 rake mouth width shall not exceed 30 inches, the teeth on the bar shall not be
					 longer than 4-1/2 inches, the holding basket shall not hold greater than 3/4 of
					 a bushel of clams and bottom material, and the handle shall not be longer than
					 30 feet. A bull rake may be equipped with skids to adjust the teeth for depth
					 of penetration into the bottom.
"Commission" means the Marine Resources Commission.
"Conventional dredge" means the type of dredge that has
					 become customarily used in Virginia to dredge oysters and crabs. It excludes
					 any type of dredge where the dredging action functions or is aided by hydraulic
					 action.
"Conventional hard clam rake" means a device designed for
					 use by hand for the purpose of harvesting clams, and which has the following
					 characteristics: rake mouth width shall not exceed 16 inches, the teeth on the
					 bar shall not be longer than seven inches, the attached holding basket shall
					 not hold greater than 1/10 of a bushel of clams and bottom material, and the
					 handle shall not be longer than 10 feet.
"Cultured clams" means hard shell clams (Mercenaria
					 mercenaria) that have been spawned in a hatchery, planted on leased ground, and
					 covered with netting or other means protected from predators until
					 harvest.
"Public ground" means the grounds defined by §§
					 28.2-551 and 28.2-639 through 28.2-649 of the Code of Virginia, and any areas
					 set aside as public ground by court order.
"Leased ground" means any grounds leased by the Marine
					 Resources Commission pursuant to the provisions of Chapter 6 (§ 28.2-600
					 et seq.) of Title 28.2 of the Code of Virginia.
"Officer" means a law-enforcement officer of the Marine
					 Resources Commission.
"Unassigned ground" means any ground outside the public
					 ground as defined by this chapter and which has not been set aside, or assigned
					 by lease, permit or easement by the Marine Resources Commission.
"Water rake" means a device for use by hand for the
					 harvesting of cultured clams on leased grounds. The mouth of the water rake
					 shall not exceed 36 inches in width, and the water rake shall be attached by a
					 hose to a single pump engine of no greater than 7.5 horsepower and shall only
					 be pulled by a single person, with no mechanical assistance.
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 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part II - Pertaining to the Taking or Catching of Soft Shell Clams from Leased Grounds › Section 4VAC20-70-30 - License required for use of a hydraulic dredge on leased ground

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				  unlawful to take or catch soft shell clams from any leased grounds in any of
				  the tidal waters of the Commonwealth by the use of a hydraulic dredge without
				  first obtaining (i) a soft shell clam dredge license for each boat used for
				  such a purpose and (ii) a permit for each boat and operator thereof.
B. Any lessee desiring to take or catch soft
				  shell clams from leased ground by the use of a hydraulic dredge shall apply to
				  the officer in charge of the district, in writing, specifying the location and
				  identity of the specific lease or leases where he desires to dredge and request
				  the privilege to dredge the specific lease or leases.
C. Each application will be reviewed by the
				  commission. The commission may conduct a public hearing on such application if,
				  in its discretion, it is deemed necessary. If the commission deems it wise to
				  permit dredging of soft shell clams within the area of such a lease, the
				  commission engineers shall first approve the existing boundaries, survey and
				  plat of each lease. Any surveying or marking of the lease which may be
				  necessary shall be at the expense of the lessee, unless such survey shows that
				  the leased ground was properly marked.
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 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part II - Pertaining to the Taking or Catching of Soft Shell Clams from Leased Grounds › Section 4VAC20-70-40 - Additional permits required for use of a hydraulic dredge on leased ground

Current through Register Vol. 40, No. 24, July 15, 2024
A. After the
				  license is issued by the officer in charge of the district and before the
				  licensee may begin to operate the hydraulic dredge, the lessee shall obtain
				  from the officer in charge of the district a separate and individual permit
				  which combines the identification of each lease, boat, and the operator
				  thereof. An additional permit shall be obtained from the officer in charge of
				  the district each time there is any change in operations which does not comply
				  with all provisions in the original permit.
B. The license and permit shall at all times
				  be on board the boat available for inspection by any inspector of the
				  commission.
Statutory Authority: § 28.2-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part II - Pertaining to the Taking or Catching of Soft Shell Clams from Leased Grounds › Section 4VAC20-70-50 - Operation of a hydraulic dredge on leased ground

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful to operate a
				  hydraulic dredge in the nighttime between the hours of sunset and sunrise or on
				  Sunday for the catching of soft shell clams from leased ground.
B. It shall be unlawful to operate a
				  hydraulic dredge on any lease for less than three acres unless adjoining other
				  leases where the combined leases total more than three acres.
C. It shall be unlawful to operate a
				  hydraulic dredge on any leased ground unless the boundaries of the lease are
				  distinctly marked between corners to the satisfaction of the officer in charge
				  of the district. All such marking shall be continually maintained during the
				  dredging operations.
Statutory Authority: § 28.2-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part III - Pertaining to the Taking or Catching of Soft Shell Clams from Public or Unassigned Grounds › Section 4VAC20-70-60 - Dredge prohibited

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to take or catch soft
					 shell clams from any unassigned ground in the tidal waters of the Commonwealth
					 by the use of a dredge.
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 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part III - Pertaining to the Taking or Catching of Soft Shell Clams from Public or Unassigned Grounds › Section 4VAC20-70-70 - License required for use of a hydraulic dredge on public ground

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				  unlawful for any person, other than an employee of the commission or the
				  Virginia Institute of Marine Science while conducting tests or experiments, to
				  take or catch soft shell clams from any public grounds in the tidal waters of
				  the Commonwealth by the use of a dredge without first obtaining (i) a soft
				  shell clam dredge license for each boat used for such purpose and (ii) a permit
				  for each boat and operator thereof.
B. Any person desiring to take or catch soft
				  shell clams from the public grounds by the use of a hydraulic dredge shall
				  apply to the officer in charge of the district, in writing, describing the area
				  and requesting the privilege to dredge the specific area.
C. Each application shall be reviewed by the
				  commission. The commission shall conduct a public hearing to determine the
				  suitability of the area for the production of oysters, and shall make such
				  further investigations and studies as in its discretion it deems necessary. If
				  the commission deems it wise to permit dredging of soft shell clams in such an
				  area, the area must be surveyed and marked by the commission before a license
				  and permit is issued.
D. If the
				  application is approved by the commission, no person shall have the exclusive
				  use of the area for taking or catching soft shell clams by hydraulic dredge.
				  The area shall be open to the general public for such a purpose provided each
				  person obtains the necessary license and permit and complies with all other
				  provisions of this chapter.
Statutory Authority: § 28.2-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part III - Pertaining to the Taking or Catching of Soft Shell Clams from Public or Unassigned Grounds › Section 4VAC20-70-80 - Additional permit required for use of a hydraulic dredge on public ground

Current through Register Vol. 40, No. 24, July 15, 2024
A. After the
				  license is issued by the officer in charge of the district, and before the
				  licensee may begin to operate the hydraulic dredge, the licensee shall obtain
				  from the officer in charge of the district a separate and individual permit
				  which combines the identification of the approved area, boat and the operator
				  thereof. An additional permit shall be obtained from the officer in charge of
				  the district each time there is any change in operations which does not comply
				  with the provisions in the original permit.
B. The license and permit shall at all times
				  be on board the boat available for inspection by any officer.
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 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part III - Pertaining to the Taking or Catching of Soft Shell Clams from Public or Unassigned Grounds › Section 4VAC20-70-90 - Operation of a hydraulic dredge on public ground

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful to operate a hydraulic dredge in the
					 nighttime between the hours of sunset and sunrise, or on Saturday or Sunday,
					 for the catching of soft shell clams from public ground.
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 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part IV - Pertaining to the Taking or Catching of Hard Shell Clams from Public, Unassigned and Leased Ground › Section 4VAC20-70-100 - Crab dredge boat not to take clams

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person in
				  charge of any boat licensed to catch crabs with a dredge to have or allow on
				  board any clams in excess of 250, except as provided in subsection B of this
				  section.
B. Any person in charge of
				  any boat licensed to catch crabs with a dredge shall be allowed to have or
				  allow on board any hard clams in excess of 250 on the seaside of Accomack and
				  Northampton counties provided he has the license and permit required to take
				  hard clams.
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 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part IV - Pertaining to the Taking or Catching of Hard Shell Clams from Public, Unassigned and Leased Ground › Section 4VAC20-70-110 - Hydraulic dredge

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in § 28.2-520 of the Code of Virginia,
					 it shall be unlawful to take or catch hard shell clams from in any of the tidal
					 waters of the Commonwealth by the use of a hydraulic dredge. The Virginia
					 Institute of Marine Science may use hydraulic dredges to take and catch hard
					 shell clams on an experimental basis.
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 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part IV - Pertaining to the Taking or Catching of Hard Shell Clams from Public, Unassigned and Leased Ground › Section 4VAC20-70-130 - Rakes

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful to take hard shell clams from any
					 public or unassigned grounds in the tidal waters of Virginia by means of a rake
					 other than by a conventional clam rake provided, however, that a bull rake may
					 be used to take hard shell clams from the public or unassigned grounds on the
					 seaside of Accomack and Northampton Counties from October 1 through April 30
					 inclusive. Further, a conventional clam rake or a bull rake may only be used by
					 hand; any other means of use, including any method of attachment to a boat
					 while the gear is harvesting, shall be unlawful.
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 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part IV - Pertaining to the Taking or Catching of Hard Shell Clams from Public, Unassigned and Leased Ground › Section 4VAC20-70-135 - Water rakes

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				  unlawful for any person to purchase a water rake permit, unless that person is
				  a valid clam aquaculture product owner permittee.
B. It shall be unlawful for any person to
				  harvest or attempt to harvest cultured clams by water rake from leased ground
				  without a water rake permit.
C. It
				  shall be unlawful for any person to pull a water rake by any means, other than
				  by hand, and it shall be unlawful for that person to use any mechanical
				  assistance while harvesting or attempting to harvest cultured clams.
D. It shall be unlawful for any person to
				  harvest or attempt to harvest cultured clams by water rake prior to sunrise or
				  after sunset. It shall be unlawful for any person to leave the dock prior to
				  one hour before sunrise, or return to the dock after sunset, on a boat with a
				  water rake on that boat.
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 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part IV - Pertaining to the Taking or Catching of Hard Shell Clams from Public, Unassigned and Leased Ground › Section 4VAC20-70-140 - License required

Current through Register Vol. 40, No. 24, July 15, 2024
The license shall at all times be on board the boat
					 available for inspection by any officer.
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 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part V - Penalty and Sanctions › Section 4VAC20-70-150 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as
				  provided in subsections B and C of this section, as set forth below 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. As set forth in § 28.2-520 of the
				  Code of Virginia, and reiterated in
				  4VAC20-70-110, any person using a
				  hydraulic dredge to take hard shell clams from any tidal waters of the
				  Commonwealth shall be guilty of a Class 1 misdemeanor.
C. As set forth in § 28.2-531 of the
				  Code of Virginia, and reiterated in part in
				  4VAC20-70-50 A,
				  4VAC20-70-90, and
				  4VAC20-70-120 C, any person taking
				  clams from public, unassigned, or leased ground during the hours from sunset to
				  sunrise or on Sunday, and not otherwise excepted by § 28.2-531 of the Code
				  of Virginia, shall be guilty of a Class 3 misdemeanor; provided, however, that
				  any person violating the additional provisions of (i) no use of a hydraulic
				  dredge on Saturday for the catching of soft shell clams from public or
				  unassigned ground imposed by 4VAC20-70-90 and(ii) no use of a conventional
				  dredge between the hours of one hour before sunset and one hour after sunrise
				  for the catching of hard shell clams from unassigned grounds imposed by
				  4VAC20-70-120 shall be subject to
				  the penalty set forth in § 28.2-903 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 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part V - Penalty and Sanctions › Section 4VAC20-70-160 - Suspension and revocation of license

Current through Register Vol. 40, No. 24, July 15, 2024
If any person is found operating a dredge in violation of
					 any of the provisions of this chapter, including operating outside of an
					 approved lease or operating outside of an approved marked area, any officer may
					 immediately suspend the permit, and the boat operator shall surrender the
					 permit to the officer upon request. Any such suspension shall continue in full
					 force and effect until reviewed by the commission in accordance with §
					 28.2-521 of the Code of Virginia. Such review shall be held not later than 40
					 days after such suspension. After such review, the commission shall determine
					 whether or not to revoke the permit as provided by § 28.2-521 of the Code
					 of Virginia or reinstate the 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 80 - PERTAINING TO THE SETTING OF FISHING DEVICES PROXIMATE TO CHESAPEAKE BAY BRIDGE-TUNNEL › Section 4VAC20-80-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote the general
				  welfare of the seafood industry by avoiding gear conflicts proximate to the
				  Chesapeake Bay Bridge-Tunnel.
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 80 - PERTAINING TO THE SETTING OF FISHING DEVICES PROXIMATE TO CHESAPEAKE BAY BRIDGE-TUNNEL › Section 4VAC20-80-20 - Gill nets

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to set, place, or fish a
				  gill net of any type in an area extending 250 yards from either span of the
				  Chesapeake Bay Bridge-Tunnel. For purposes of this section, the distance shall
				  be measured from the outer edges of each span and shall extend from the low
				  water mark on Fishermans Island to the one-mile marker on the south end of the
				  bridge-tunnel.
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 80 - PERTAINING TO THE SETTING OF FISHING DEVICES PROXIMATE TO CHESAPEAKE BAY BRIDGE-TUNNEL › Section 4VAC20-80-30 - Fixed fishing devices

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to set, place, or fish a
				  fixed fishing device, fish pot or eel pot of any type in an area extending 250
				  yards from either span of Chesapeake Bay Bridge-Tunnel. For purposes of this
				  section, the distance shall be measured from the outer edges of each span and
				  shall apply anywhere along the bridge-tunnel and its
				  causeways.
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 80 - PERTAINING TO THE SETTING OF FISHING DEVICES PROXIMATE TO CHESAPEAKE BAY BRIDGE-TUNNEL › Section 4VAC20-80-40 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in § 28.2-903 of the Code of Virginia, any
				  person violating any provision of this chapter shall be guilty of a Class 3
				  misdemeanor, and a second or subsequent violation of any provision of this
				  chapter committed by the same person within 12 months of a prior violation is a
				  Class 1 misdemeanor.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 100 - PERTAINING TO THE TAKING OF CLAMS ON SEASIDE OF EASTERN SHORE › Section 4VAC20-100-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote the welfare of the
				  seafood industry by conserving the hard clam resource and the habitat necessary
				  for continued health and productivity of the hard clam and other marine
				  resources.
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 100 - PERTAINING TO THE TAKING OF CLAMS ON SEASIDE OF EASTERN SHORE › Section 4VAC20-100-20 - Hydraulic method prohibited

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to dig, take, catch or
				  harvest hard clams from the subaqueous soil owned by the Commonwealth of
				  Virginia on the seaside of Accomack and Northampton Counties by hydraulic
				  methods, or by the operation of a motor boat in such a manner that the hard
				  clams are dug, or washed, from the bottom by the action of the propeller of
				  such motor boat; but this chapter shall not apply to privately-owned oyster
				  leases.
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 100 - PERTAINING TO THE TAKING OF CLAMS ON SEASIDE OF EASTERN SHORE › Section 4VAC20-100-30 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
As set forth in § 28.2-903 of the Code of Virginia, any
				  person violating any provision of this chapter shall be guilty of a Class 3
				  misdemeanor, and a second or subsequent violation of any provision of this
				  chapter committed by the same person within 12 months of a prior violation is a
				  Class 1 misdemeanor.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 110 - PERTAINING TO LOBSTERS › Section 4VAC20-110-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to conserve and protect
				  lobster from overfishing and to provide consistency among federal and
				  interstate laws and regulations.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 110 - PERTAINING TO LOBSTERS › Section 4VAC20-110-15 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context indicates otherwise:
"Berried female" means a female lobster bearing eggs attached
				  to the abdominal appendages.
"Carapace" means the unsegmented body shell of the
				  lobster.
"Carapace length" means the straight line measurement from
				  the rear of the eye socket parallel to the center line of the carapace to the
				  posterior edge of the carapace.
"Escape vent" means an opening in a lobster pot designed to
				  allow for the escapement of undersized lobster.
"Ghost panel" means a panel or other mechanism in a lobster
				  trap designed to allow for the escapement of lobster after a period of time if
				  the trap has been abandoned or lost.
"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.
"Lobster" means any crustacean of the species Homarus
				  americanus.
"V-notched female lobster" means any female lobster bearing a
				  V-shaped notch (i.e., a straight-sided triangular cut without setal hairs, at
				  least 1/4 inch in depth and not greater than 1/2 inch in depth and tapering to
				  a sharp point) in the flipper next to the right of the center flipper as viewed
				  from the rear of the female lobster. V-notched female lobster also means any
				  female that is mutilated in a manner that could hide, obscure, or obliterate
				  such a mark.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 110 - PERTAINING TO LOBSTERS › Section 4VAC20-110-20 - Minimum and maximum size limit

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to possess any lobster
				  less than 3-17/32 inches in carapace length or any lobster greater than 5-1/4
				  inches in carapace length, except for scientific purposes and with the express
				  written consent of the Commissioner of Marine Resources.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 110 - PERTAINING TO LOBSTERS › Section 4VAC20-110-30 - Possession prohibitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
				be unlawful for any person to possess any berried female lobster, except for
				scientific purposes and with the express written consent of the Commissioner of
				Marine Resources.
B. It shall be
				unlawful for any person to possess a lobster that has had eggs removed
				unnaturally.
C. It shall be
				unlawful for any person, including fishermen, dealers, shippers, and
				restaurants, to possess a V-notched female lobster.
D. It shall be unlawful to possess a lobster
				that has an outer shell that has been speared.
E. It shall be unlawful to land lobster from
				February 1 through March 31.
F. It
				shall be unlawful for any person to possess aboard any vessel or to land
				lobster meat, detached tails or claws, or any other part of a lobster that has
				been separated.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 110 - PERTAINING TO LOBSTERS › Section 4VAC20-110-40 - Marking of lobsters

Current through Register Vol. 40, No. 24, July 15, 2024
All berried females from Virginia waters shall be V-notched
				  before being returned to the water immediately.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 110 - PERTAINING TO LOBSTERS › Section 4VAC20-110-55 - Gear requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				lobster traps not constructed entirely of wood (excluding heading or parlor
				twine and the escape vent) shall contain a ghost panel that complies with
				subdivisions 1 through 4 of this subsection.
1. The rectangular ghost panel shall not be
				less than 3-3/4 inches (9.53 cm) by 3-3/4 inches (9.53 cm).
2. The ghost panel shall be constructed of or
				fastened to the trap with one of the following untreated materials: wood lath;
				cotton; hemp; sisal or jute twine not greater than 3/16 inch (0.48 cm) in
				diameter; or nonstainless, uncoated ferrous metal not greater than 3/32 inch
				(0.24 cm) in diameter.
3. The door
				of the trap may serve as the ghost panel if fastened with a material specified
				in subdivision 2 of this subsection.
4. The ghost panel shall be located in the
				outer parlor of the trap and not the bottom of the trap.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 110 - PERTAINING TO LOBSTERS › Section 4VAC20-110-60 - Commercial fishery permit requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person to
				take, catch, possess, or land lobster by lobster trap in Virginia unless that
				person possesses a Lobster Under 200 Permit or a Lobster Over 200
				Permit.
B. It shall be unlawful for
				any person to take, catch, possess, or land lobster from gear other than
				lobster traps in Virginia unless that person possesses a Lobster Incidental
				Harvest Permit.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.