Administrative Code

Virginia Administrative Code
6/15/2024

Chapter 170. Pertaining to the Removal of Nets

4VAC20-170-10. Purpose.

The purpose of this chapter is to prevent waste and provide for the conservation of fisheries resources by preventing ghost fishing by unattended nets.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0023 § 1, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.

4VAC20-170-20. General.

It shall be unlawful for any person to set nets on a fixed fishing device and let said device or nets remain unfished.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0023 § 2, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.

4VAC20-170-30. Violation.

A. If, upon visual observation, any marine police officer determines that a device or net, other than a staked gill net set west of the COLREGS Line and north of the North-Carolina-Virginia border and south of the Maryland-Virginia border, in Virginia waters, has not been fished for at least a five-day period, he shall notify the licensee, and if the licensee fails to fish said device or remove the net within seven days after notification the licensee shall be guilty of violation of this chapter.

B. If, upon visual observation, any marine police officer determines that any staked gill net has not been fished for at least a 24-hour period, he shall notify the licensee, and if the licensee fails to fish the staked gill net or remove the net within 24 hours after notification the licensee shall be guilty of a violation of this chapter.

C. If upon visual observation, any marine police officer determines that any gill net set in Virginia waters east of the COLREGS Line and north of the North Carolina-Virginia border and south of the Maryland-Virginia border, has not been fished for at least a 24-hour period, the officer shall notify the licensee, and if the licensee fails to fish the gill net or remove the net within 24 hours after notification, the licensee shall be guilty of a violation of this chapter.

Statutory Authority

§§ 28.2-201 and 28.2-236 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0023 § 3, Virginia Register Volume 11, Issue 25, eff. August 3, 1995; amended, Virginia Register Volume 21, Issue 18, eff. May 1, 2005; Errata, 26:24 VA.R. 2809 August 2, 2010.

4VAC20-170-40. 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 VR450-01-0023 § 4, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.