Administrative Code

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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 890. Pertaining to Channeled Whelk

4VAC20-890-30. Minimum size limits.

A. It shall be unlawful for any person to possess more than 10 channeled whelk that measure less than 5-1/2 inches in length in any inspected basket, except as described in subsection D of this section.

B. Any police officer may fill one basket with channeled whelk for inspection from a single container or from within a vehicle, trailer, or the inside open part of the boat. The officer may inspect multiple baskets but must finish inspecting a basket before inspecting another. In the event the officer cannot fill a basket from a single container, the officer may fill the basket from any other single container in order to determine any violation of the possession limit of sublegal size channeled whelk.

C. Those undersized whelk in excess of the allowance level, as described in subsection A of this section, shall be returned immediately to the water alive.

D. Nothing in this section shall prohibit the possession of sublegal size channeled whelk imported from other states or jurisdictions, provided the following conditions are met:

1. Such imports shall have been landed in another state or jurisdiction and shall not have been imported into Virginia by waterborne transport.

2. Such imported channeled whelk are accompanied by a bill of sale that shall include the name of the seller, address and phone number of the seller, the license number of the seller if such license is required in the jurisdiction of harvest, the date of sale, and the quantity of channeled whelk purchased under the bill of sale.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 18, eff. April 30, 1996; amended, Virginia Register Volume 13, Issue 18, eff. May 1, 1997; Virginia Register Volume 13, Issue 24, eff. August 1, 1997; Volume 14, Issue 25, eff. August 5, 1998; Volume 17, Issue 1, eff. September 21, 2000; Volume 17, Issue 16, eff. April 1, 2001; Volume 35, Issue 17, eff. April 1, 2019.

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