4VAC20-20-35. No-fishing zone.
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.
Historical Notes
Derived from Virginia Register Volume 15, Issue 5, eff. October 28, 1998; amended, Virginia Register Volume 15, Issue 14, eff. March 1, 1999.