Chapter 360. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish
4VAC15-360-10. Taking aquatic invertebrates, amphibians, reptiles, and nongame fish for private use.
A. Possession limits. Except as otherwise provided for in § 29.1-418 of the Code of Virginia, 4VAC15-20-130, 4VAC15-320-40, and the sections of this chapter, it shall be lawful to capture and possess live for private use and not for sale or export no more than one individual of any native or naturalized, as defined in 4VAC15-20-50, species of amphibian or reptile per physical address, and 20 individuals of any single native or naturalized (as defined in 4VAC15-20-50) species of aquatic invertebrate and nongame fish unless specifically listed in this subsection:
1. The following species may be taken in unlimited numbers from inland waters statewide: carp, mullet, yellow bullhead, brown bullhead, black bullhead, flat bullhead, snail bullhead, white sucker, northern hogsucker, gizzard shad, threadfin shad, blueback herring (see 4VAC15-320-25 for anadromous blueback herring limits), white perch, yellow perch, alewife (see 4VAC15-320-25 for anadromous alewife limits), stoneroller (hornyhead), fathead minnow, golden shiner, goldfish, and Asian clams. Grass carp may only be harvested in unlimited numbers from public inland rivers and streams of the Commonwealth. It is unlawful to harvest grass carp from any public inland lake and reservoir. Anglers taking grass carp must ensure that all harvested grass carp are dead.
2. See 4VAC15-320-25 for American shad, hickory shad, channel catfish, white catfish, flathead catfish, and blue catfish limits.
3. For the purpose of this chapter, "fish bait" shall be defined as native or naturalized species of minnows and chubs (Cyprinidae), crayfish, and hellgrammites. The possession limit for taking "fish bait" shall be 50 individuals in aggregate, of which no more than 20 individuals may be crayfish, unless said person has purchased "fish bait" and has a receipt specifying the number of individuals purchased by species, except salamanders and crayfish which cannot be sold pursuant to the provisions of 4VAC15-360-60 and 4VAC15-360-70. However, stonerollers (hornyheads), fathead minnows, golden shiners, and goldfish may be taken and possessed in unlimited numbers as provided for in subdivision 1 of this subsection.
4. Any crayfish collected for use as fish bait may only be used as fish bait in the water body of capture.
5. The daily limit for bullfrogs shall be 15 and for snapping turtles shall be five. Snapping turtles shall only be taken from June 1 to September 30 and must have a minimum curved-line carapace length of 13 inches. Bullfrogs and snapping turtles may not be taken from the banks or waters of designated stocked trout waters.
6. The following species may not be taken or possessed in any number for private use: red-eared slider and all reptile and amphibian Species of Greatest Conservation Need designated in Virginia's 2015 Wildlife Action Plan.
7. Native amphibians and reptiles, as defined in 4VAC15-20-50, that are captured within the Commonwealth and possessed live for private use and not for sale may be liberated under the following conditions:
a. Period of captivity does not exceed 30 days;
b. Animals must be liberated at the site of capture;
c. Animals must have been housed separately from other wild-caught and domestic animals; and
d. Animals that demonstrate symptoms of disease or illness or that have sustained injury during their captivity may not be released.
8. Native or naturalized amphibians and reptiles, as defined in 4VAC15-20-50, may not be taken or possessed in any number from state or federal land without an appropriate permit or license.
B. Methods of taking species in subsection A of this section. Except as otherwise provided for in the Code of Virginia, 4VAC15-20-130, 4VAC15-320-40, and other regulations of the board, and except in any waters where the use of nets is prohibited, the species listed in subsection A of this section may only be taken (i) by hand, hook, and line; (ii) with a seine not exceeding four feet in depth by 10 feet in length; (iii) with an umbrella type net not exceeding five by five feet square; (iv) by small minnow traps with throat openings no larger than one inch in diameter; (v) with cast nets; and (vi) with hand-held bow nets with diameter not to exceed 20 inches and handle length not to exceed eight feet (such cast net and hand-held bow nets when so used shall not be deemed dip nets under the provisions of § 29.1-416 of the Code of Virginia). Gizzard shad and white perch may also be taken from below the fall line in all tidal rivers of the Chesapeake Bay using a gill net in accordance with Virginia Marine Resources Commission recreational fishing regulations. Bullfrogs may also be taken by gigging or bow and arrow and, from private waters, by firearms no larger than.22 caliber rimfire. Snapping turtles may be taken for personal use with hoop nets not exceeding six feet in length with a throat opening not exceeding 36 inches.
C. Areas restricted from taking mollusks. Except as provided for in §§ 29.1-418 and 29.1-568 of the Code of Virginia, it shall be unlawful to take the spiny riversnail (Io fluvialis) in the Tennessee drainage in Virginia (Clinch, Powell, and the North, South, and Middle Forks of the Holston Rivers and tributaries). It shall be unlawful to take mussels from any inland waters of the Commonwealth.
D. Areas restricted from taking crustaceans. Except for the permitted collection of specimens as provided for in § 29.1-418 of the Code of Virginia or the permitted taking for zoological, educational, or scientific purposes as provided for in § 29.1-568 of the Code of Virginia, it shall be unlawful to take any species of crayfish in the Big Sandy River Basin in Virginia (Russell Fork, Pound River, Cranes Nest River, McClure River, Levisa Fork, Dismal Creek, Knox Creek, and tributaries).
E. Reduction of possession limits for native and naturalized amphibians and reptiles. Any person in possession of legally-obtained native and naturalized amphibians and reptiles, as defined in 4VAC15-20-50, prior to the change in personal possession allowances in subsection A of this section, effective July 1, 2021, must declare such possession to the department by January 1, 2022, in a manner prescribed by the department. This declaration shall serve as authorization for possession only and is not transferable.
Statutory Authority
§§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes
Derived from VR325-03-5 § 1, eff. January 1, 1992; amended, Virginia Register Volume 9, Issue 4, eff. January 1, 1993; Volume 11, Issue 5, eff. January 1, 1995; Volume 13, Issue 5, eff. January 1, 1997; Volume 15, Issue 5, eff. January 1, 1999; Volume 17, Issue 6, eff. January 1, 2001; Volume 19, Issue 5, eff. January 1, 2003; Volume 22, Issue 19, eff. July 1, 2006; Volume 23, Issue 9, eff. January 15, 2007; Volume 24, Issue 10, eff. January 1, 2008; Volume 27, Issue 10, eff. January 1, 2011; Volume 31, Issue 9, eff. January 1, 2015; Volume 33, Issue 10, eff. January 1, 2017; Volume 37, Issue 7, eff. January 1, 2021; Volume 37, Issue 22, eff. July 1, 2021; Volume 39, Issue 9, eff. January 1, 2023.
4VAC15-360-20. Taking minnows and chubs for sale.
A. "Haul seine," as used in this section, when used in the inland waters of the Commonwealth above where the tide ebbs and flows shall mean a haul seine not exceeding four feet in depth by 15 feet in length and when used in the public inland waters below where the tide ebbs and flows shall mean a haul seine not exceeding four feet in depth by 100 feet in length. Such a term shall be construed also to include umbrella type nets without limit as to size and also small minnow traps with throat openings no larger than one inch in diameter.
B. It shall be unlawful to take minnows and chubs (Cyprinidae) for sale from the inland waters of the Commonwealth.
C. Commercial bait operations must have a Permit to Hold or Sell Certain Wildlife or a Permit to Propagate and Sell Certain Wildlife. With the exception of those species listed in 4VAC15-20-130, these operations may possess and sell unlimited quantities of minnows and chubs (Cyprinidae), when possession is accompanied by a valid invoice or bill of sale from an individual permitted under subsection B of this section or from a properly permitted aquaculture facility in Virginia or out-of-state.
Statutory Authority
§§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes
Derived from VR325-03-5 § 2, eff. January 1, 1992; amended, Virginia Register Volume 11, Issue 5, eff. January 1, 1995; Volume 39, Issue 9, eff. January 1, 2023.
4VAC15-360-30. Taking of snapping turtles, crayfish and hellgrammites for sale.
A. It shall only be lawful to take and sell snapping turtles with a Permit to Collect and Sell Snapping Turtles and Hellgrammites. The director may issue, deny, modify, suspend, or revoke a Permit to Collect and Sell Snapping Turtles and Hellgrammites. Such permits shall be valid provided that the harvest of snapping turtles is not otherwise prohibited by state or federal law or regulation. To be eligible to harvest snapping turtles, an applicant must be a Virginia resident and submit an annual report.
1. It shall be unlawful to harvest any snapping turtle with less than a 13-inch curved carapace length.
2. It shall be unlawful to harvest snapping turtles from October 1 through May 31.
3. It shall be unlawful for permit holders to take any species other than snapping turtles.
4. The department will issue a maximum of 25 permits per year. No more than one individual residing at a single address may be issued a permit. Permits are not transferable.
5. It shall be unlawful to operate more than 20 traps per permit. The permit number or name and address of the permit holder shall be marked on all traps.
6. Hoop nets or similar homemade traps shall be the only lawful form of trapping snapping turtles. Hoop nets or other traps shall not exceed six feet in length with a throat opening that does not exceed 36 inches.
7. Permit holders must check all traps at least once each day and remove all captured animals.
8. Permit applications will be issued in the order received, to the maximum annual number.
9. Failure to comply with the harvest and sales reporting requirements as detailed in conditions of the permit shall be unlawful and may result in immediate permit revocation and loss of harvest privileges for a minimum of one year.
10. It shall be the permit holder's responsibility to report "no activity" when no activity occurs during the permit period.
B. It shall only be lawful to take and sell hellgrammites with a Permit to Collect and Sell Snapping Turtles and Hellgrammites or a Permit to Hold and Sell Certain Wildlife under such restrictions and conditions as the board may prescribe.
C. It shall be lawful to hold and sell crayfish with a Permit to Hold and Sell Certain Wildlife under such restrictions as the board may prescribe.
Statutory Authority
§§ 29.1-103, 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes
Derived from VR325-03-5 § 3, eff. October 15, 1990; amended, Virginia Register Volume 9, Issue 4, eff. January 1, 1993; Volume 11, Issue 5, eff. January 1, 1995; Volume 22, Issue 19, eff. July 1, 2006; Volume 35, Issue 13, eff. March 1, 2019.
4VAC15-360-40. Releasing game fish from nets, traps, etc.
It shall be unlawful in the inland waters of the Commonwealth to take game fish in a seine, net pot or trap, and all game fish caught in such seines, nets, pots or traps shall immediately be returned without injury to the waters from which taken.
Statutory Authority
§§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes
Derived from VR325-03-5 § 4, eff. October 15, 1990.
4VAC15-360-50. Propagation and sale of certain amphibians and reptiles.
It shall be lawful to propagate and sell certain native species of captive bred amphibians and reptiles with a Permit to Propagate and Sell Certain Wildlife or a Permit to Hold and Sell Certain Wildlife under such restrictions and conditions as the board may prescribe.
Statutory Authority
§§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes
Derived from VR325-03-5 § 5, eff. January 1, 1995.
4VAC15-360-60. Prohibit the sale of salamander and madtom species.
It shall be unlawful to sell any species of madtom (Noturus sp.) and any species of salamander with the exception of nonnative newts (Salamandridae) and Mexican axolotls (Ambystoma mexicanum).
Statutory Authority
§§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Historical Notes
Derived from VR325-03-5 § 6, eff. January 1, 1995; amended, Virginia Register Volume 17, Issue 6, eff. January 1, 2001; Volume 37, Issue 22, eff. July 1, 2021.
4VAC15-360-70. Prohibit the sale of crayfish species.
It shall be unlawful to sell any species of crayfish (Superfamily Astacoidea) live as bait or for personal use, except for personal consumption.
Statutory Authority
§§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 22, Issue 19, eff. July 1, 2006.
Forms (4VAC15-360)
Application/Permit to Collect Snapping Turtles, Crayfish, and Hellgrammites for Sale.
Conditions of Permit - Criteria for the Collection of Snapping Turtles, Crayfish, and Hellgrammites.
Annual Reporting form for Collection and Sale of Snapping Turtles, Crayfish and Hellgrammites (11/5/96).
Application/Permit for Haul Seine Permit to Catch Minnows and Chubs for Sale (11/5/96).
Conditions of Permit - Haul Seine Permit to Catch Minnows and Chubs for Sales (11/5/96).
Annual Reporting form for Collection and Sale of Minnows and Chubs (11/5/96).
Application/permit to hold and sell certain fish, snakes, snapping turtles, crayfish, and hellgrammites for sale.