Administrative Code

Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 20. Marine Resources Commission
4/1/2020

Chapter 1260. Pertaining to River Herring

4VAC20-1260-10. Purpose.

The purposes of this chapter are to rebuild the Virginia stocks of river herring and to comply with the requirements of the Interstate Fishery Management Plan for Shad and River Herring.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 24, eff. January 2, 2012.

4VAC20-1260-20. Definition.

The following terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"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.

"River herring" means any fish of the species Alosa aestivalis or Alosa pseudoharengus.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 24, eff. January 1, 2012; amended, Virginia Register Volume 28, Issue 16, eff. March 29, 2012.

4VAC20-1260-30. Moratorium.

A. It shall be unlawful for any person to catch and retain possession of any river herring from Virginia tidal waters.

B. It shall be unlawful for any person to possess aboard a vessel on Virginia tidal waters or to land in Virginia any river herring.

C. Any river herring or its byproduct imported into Virginia from another state or country shall be accompanied by a bill of lading or commercial invoice that shall include the name of the seller, the date of sale, and the pounds of river herring product.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 24, eff. January 1, 2012; amended, Virginia Register Volume 28, Issue 16, eff. March 29, 2012.

4VAC20-1260-40. Penalty.

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.

Historical Notes

Derived from Virginia Register Volume 27, Issue 24, eff. January 1, 2012.



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