Chapter 270. Pertaining to Blue Crab Fishery
4VAC20-270-10. Purpose.
The purpose of this chapter is to allow for the conservation and rebuilding of the crab resource and to improve the enforceability of other laws pertaining to crabbing.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0036 § 1, eff. December 1, 1985; amended, Virginia Register Volume 4, Issue 20, eff. May 23, 1988; Volume 5, Issue 8, eff. January 1, 1989; Volume 5, Issue 19, eff. May 4, 1989; Volume 5, Issue 22, eff. July 1, 1989; Volume 11, Issue 7, eff. January 1, 1995; Volume 11, Issue 14, eff. March 2, 1995; Volume 24, Issue 21, eff. June 1, 2008.
4VAC20-270-15. Definitions.
The following word or term when used in this chapter shall have the following meaning unless the context indicates otherwise:
"Crab" as described in this chapter refers solely to the crustacean Callinectes sapidus.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volue 29, Issue 8, eff. November 26, 2012; amended, Virginia Register Volume 36, Issue 23, eff. July 5, 2020.
4VAC20-270-20. Sunday prohibition and limited exception for possession of male hard crabs.
It shall be unlawful to take or harvest crabs for commercial purposes on Sunday. This section shall not apply to the baiting and setting of any hard crab pot or peeler pot, the harvest of peeler crabs by crab traps or peeler pots, or to the working of floats, pens, or onshore facilities for soft crab shedding operations. Any person licensed to harvest peeler crabs by peeler pot may harvest one bushel of male crabs from his peeler pots on Sunday strictly for the purpose of baiting that person's peeler pots, and such crabs may not be sold.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0036 § 2, eff. December 1, 1985; amended, Virginia Register Volume 4, Issue 20, eff. May 23, 1988; Volume 5, Issue 8, eff. January 1, 1989; Volume 5, Issue 19, eff. May 4, 1989; Volume 5, Issue 22, eff. July 1, 1989; Volume 11, Issue 7, eff. January 1, 1995; Volume 11, Issue 14, eff. March 2, 1995; Volume 20, Issue 19, eff. May 1, 2004; Volume 40, Issue 24, eff. July 5, 2024.
4VAC20-270-25. Lawful commercial harvest gears.
It shall be unlawful to possess or sell crabs harvested for commercial purposes by any means other than by hard crab pot, peeler pot, dip net, ordinary or patent trotline, crab dredge, crab scrape, or crab trap or pound.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 38, Issue 24, eff. July 5, 2022.
4VAC20-270-30. Daily time limits for commercial harvest.
A. It shall be unlawful for any person licensed to catch and sell crabs taken by hard crab pot or peeler pot to take and harvest crabs from any hard crab pot or peeler pot, or to retrieve, bait, or set any hard crab pot or peeler pot, except between 3 a.m. to 5 p.m. during the lawful season as described in 4VAC20-270-40 A.
B. The lawful daily time periods for the commercial harvest of crabs by hard crab pot or peeler pot may be rescinded by the Commissioner of Marine Resources when the commissioner determines that a pending weather event is sufficient cause for the removal of hard crab pots from the tidal waters of the Commonwealth.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0036 § 3, eff. December 1, 1985; amended, Virginia Register Volume 4, Issue 20, eff. May 23, 1988; Volume 5, Issue 8, eff. January 1, 1989; Volume 5, Issue 19, eff. May 4, 1989; Volume 5, Issue 22, eff. July 1, 1989; Volume 11, Issue 7, eff. January 1, 1995; Volume 11, Issue 14, eff. March 2, 1995; Volume 18, Issue 14, eff. March 5, 2002; Volume 20, Issue 19, eff. May 1, 2004; Volume 20, Issue 26, eff. August 6, 2004; Volume 21, Issue 25, eff. July 29, 2005; Volume 23, Issue 17, eff. March 30, 2007; Volume 24, Issue 19, eff. April 30, 2008; Volume 25, Issue 16, eff. March 26, 2009; Volume 27, Issue 21, eff. June 1, 2011; Volume 29, Issue 8, eff. November 26, 2012; Volume 30, Issue 7, eff. November 21, 2013; Volume 30, Issue 24, eff. July 1, 2014; Volume 36, Issue 23, eff. July 5, 2020; Volume 37, Issue 7, eff. November 1, 2020; Volume 37, Issue 24, eff. July 5, 2021; Volume 40, Issue 24, eff. July 5, 2024.
4VAC20-270-40. Season limits.
A. In 2024, the lawful season for the commercial harvest of crabs by hard crab pot shall be March 17 through December 16. In 2025, the lawful season for the commercial harvest of crabs by hard crab pot shall be March 17 through November 30. For all other lawful commercial gear used to harvest crabs, as described in 4VAC20-1040, the lawful seasons for the harvest of crabs shall be April 15 through October 15.
B. It shall be unlawful for any person to harvest crabs or to possess crabs on board a vessel, except during the lawful season as described in subsection A of this section.
C. It shall be unlawful for any person to knowingly place, set, fish, or leave any hard crab pot in any tidal waters of Virginia from December 17, 2024, through March 16, 2025. It shall be unlawful for any person to knowingly place, set, fish, or leave any lawful commercial gear used to harvest crabs, except any hard crab pot or any gear as described in 4VAC20-460-25, in any tidal waters of Virginia from October 16, 2024, through April 14, 2025.
D. It shall be unlawful for any person to place, set, or fish any number of fish pots in excess of 10% of the amount allowed by the gear license limit, up to a maximum of 30 fish pots per vessel, when any person on that vessel has set any crab pots.
1. This subsection shall not apply to fish pots set in those Virginia waters located upriver of the following boundary lines:
a. In the James River the boundary shall be a line connecting Hog Point and the downstream point at the mouth of College Creek.
b. In the York River the boundary lines shall be the Route 33 bridges at West Point.
c. In the Rappahannock River the boundary line shall be the Route 360 bridge at Tappahannock.
2. This subsection shall not apply to legally licensed eel pots as described in 4VAC20-500.
3. This subsection shall not apply to fish pots constructed of a mesh less than one-inch square or hexagonal mesh.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR 450-01-0036 § 4, eff. December 1, 1985; amended, Virginia Register Volume 4, Issue 20, eff. May 23, 1988; Volume 5, Issue 8, eff. January 1, 1989; Volume 5, Issue 19, eff. May 4, 1989; Volume 5, Issue 22, eff. July 1, 1989; Volume 11, Issue 7, eff. January 1, 1995; Volume 11, Issue 14, eff. March 2, 1995; Volume 13, Issue 22, eff. July 1, 1997; Volume 16, Issue 16, eff. March 30, 2000; Volume 17, Issue 14, eff. March 1, 2001; Volume 17, Issue 18, eff. May 1, 2001; Volume 18, Issue 14, eff. March 5, 2002; Volume 23, Issue 17, eff. March 30, 2007; Volume 24, Issue 19, eff. April 30, 2008; Volume 25, Issue 12, eff. February 1, 2009; Volume 25, Issue 16, eff. March 26, 2009; Volume 25, Issue 21, eff. June 1, 2009; Volume 29, Issue 8, eff. November 26, 2012; Volume 30, Issue 7, eff. November 21, 2013; Volume 30, Issue 24, eff. July 1, 2014; Volume 31, Issue 15, eff. March 1, 2015; Volume 31, Issue 21, eff. July 5, 2015; Volume 32, Issue 24, eff. July 5, 2016; Volume 33, Issue 26, eff. August 1, 2017; Volume 34, Issue 23, eff. July 5, 2018; Volume 35, Issue 23, eff. July 5, 2019; Volume 36, Issue 23, eff. July 5, 2020; Volume 37, Issue 7, eff. November 1, 2020; Volume 37, Issue 24, eff. July 5, 2021; Volume 38, Issue 24, eff. July 5, 2022; Volume 39, Issue 24, eff. July 5, 2023; Volume 40, Issue 4, eff. October 1, 2023; Volume 40, Issue 24, eff. July 5, 2024.
4VAC20-270-50. Peeler crab pot and hard crab pot limits.
A. It shall be unlawful for any person to place, set or fish or attempt to place, set or fish more than 210 peeler crab pots in Virginia tidal waters.
B. The lawful hard crab pot license categories and hard crab pot limits are as follows:
1. Up to 85 crab pots.
2. Up to 127 crab pots.
3. Up to 170 crab pots.
4. Up to 255 crab pots.
5. Up to 425 crab pots.
C. It shall be unlawful for any person to knowingly place, set or fish any amount of crab pots that exceeds that person's crab pot limit, as described in subsection B of this section.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR 450-01-0036 § 5, eff. December 1, 1985; amended, Virginia Register Volume 4, Issue 20, eff. May 23, 1988; Volume 5, Issue 8, eff. January 1, 1989; Volume 5, Issue 19, eff. May 4, 1989; Volume 5, Issue 22, eff. July 1, 1989; Volume 11, Issue 7, eff. January 1, 1995; Volume 11, Issue 14, eff. March 2, 1995; Volume 16, Issue 7, eff. January 1, 2000; Volume 24, Issue 19, eff. April 30, 2008; Volume 24, Issue 21, eff. June 1, 2008; Volume 25, Issue 21, eff. June 1, 2009; Volume 37, Issue 24, eff. July 5, 2021.
4VAC20-270-51. Daily commercial harvester, vessel, and harvest and possession limits.
A. Any barrel used by a harvester to contain or possess any amount of crabs will be equivalent in volume to no more than three bushels of crabs.
B. From July 5, 2024, through October 31, 2024, and May 16, 2025, through July 4, 2025, any commercial fisherman registration licensee legally licensed for any hard crab pot license, as described in 4VAC20-270-50 B, shall be limited to the following maximum daily harvest and possession limits for any of the following hard crab pot license categories:
1. 10 bushels, or three barrels and one bushel, of crabs if licensed for up to 85 crab pots.
2. 14 bushels, or four barrels and two bushels, of crabs if licensed for up to 127 crab pots.
3. 18 bushels, or six barrels, of crabs if licensed for up to 170 crab pots.
4. 29 bushels, or nine barrels and two bushels, of crabs if licensed for up to 255 crab pots.
5. 47 bushels, or 15 barrels and two bushels, of crabs if licensed for up to 425 crab pots.
C. From November 1, 2024, through December 16, 2024, and March 17, 2025, through May 15, 2025, any commercial fisherman registration licensee legally licensed for any hard crab pot license, as described in 4VAC20-270-50 B, shall be limited to the following maximum daily harvest and possession limits for any of the following crab pot license categories:
1. Eight bushels, or two barrels and two bushels, of crabs if licensed for up to 85 crab pots.
2. 11 bushels, or three barrels and two bushels, of crabs if licensed for up to 127 crab pots.
3. 14 bushels, or four barrels and two bushels, of crabs if licensed for up to 170 crab pots.
4. 22 bushels, or seven barrels and one bushel, of crabs if licensed for up to 255 crab pots.
5. 36 bushels, or 12 barrels, of crabs if licensed for up to 425 crab pots.
D. When a single harvester or multiple harvesters are on board any vessel, that vessel's daily harvest and possession limit shall be equal to only one daily harvest and possession limit, as described in subsections B and C of this section, and that daily limit shall correspond to the highest harvest and possession limit of only one licensee on board that vessel.
E. When transporting or selling one or more legal crab pot licensee's crab harvest in bushels or barrels, any agent shall possess either the crab pot license of that one or more crab pot licensee or a bill of lading indicating each crab pot licensee's name, address, commercial fisherman registration license number, date, and amount of bushels or barrels of crabs to be sold.
F. If any police officer finds crabs in excess of any lawful daily bushel, barrel, or vessel limit, as described in this section, that excess quantity of crabs shall be returned immediately to the water by the licensee who possesses that excess over lawful daily harvest or possession limit. The refusal to return crabs, in excess of any lawful daily harvest or possession limit, to the water shall constitute a separate violation of this chapter.
G. When any person on board any boat or vessel possesses a crab pot license, it shall be unlawful for that person or any other person aboard that boat or vessel to possess a seafood buyer's boat license and buy any crabs on any day.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 29, Issue 8, eff. November 26, 2012; amended, Virginia Register Volume 29, Issue 15, eff. March 1, 2013; Volume 29, Issue 23, eff. June 26, 2013; Volume 30, Issue 7, eff. November 21, 2013; Volume 30, Issue 24, eff. July 1, 2014; Volume 31, Issue 21, eff. July 5, 2015; Volume 32, Issue 24, eff. July 5, 2016; Volume 33, Issue 26, eff. August 1, 2017; Volume 34, Issue 23, eff. July 5, 2018; Volume 35, Issue 23, eff. July 5, 2019; Volume 36, Issue 23, eff. July 5, 2020; Volume 37, Issue 7, eff. November 1, 2020; Volume 37, Issue 24, eff. July 5, 2021; Volume 38, Issue 24, eff. July 5, 2022; Volume 39, Issue 24, eff. July 5, 2023; Volume 40, Issue 4, eff. October 1, 2023; Volume 40, Issue 24, eff. July 5, 2024.
4VAC20-270-52. Area restriction.
A. It shall be unlawful for any person to use any gear, except hard crab pots or peeler pots, to harvest crabs from the waters of Back Bay and North Landing River or within the jurisdiction of the Albemarle and Currituck watersheds as described in § 28.2-101 of the Code of Virginia.
B. It shall be unlawful to possess, sell, or offer for sale crabs taken by any means other than hard crab pot or peeler pot from the waters described in this section.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 29, Issue 8, eff. November 26, 2012; amended, Virginia Register Volume 37, Issue 24, eff. July 5, 2021.
4VAC20-270-55. Minimum size limits.
A. From the beginning of the season as described in 4VAC20-270-40 through July 15, it shall be unlawful for any person to harvest, possess, sell, or offer for sale more than 10 peeler crabs, per United States standard bushel, or 5.0% of peeler crabs in any other container, that measure less than 3-1/4 inches across the shell from tip to tip of the longest spikes. From July 16 through the end of the season as described in 4VAC20-270-40, it shall be unlawful for any person to harvest, possess, sell, or offer for sale more than 10 peeler crabs, per United States standard bushel, or 5.0% of peeler crabs in any other container, that measure less than 3-1/2 inches across the shell from tip to tip of the longest spikes, except as described in subsections B and C of this section.
B. From July 16 through the end of the season as described in 4VAC20-270-40, it shall be unlawful for any person to harvest, possess, sell, or offer for sale more than 10 peeler crabs, per United States standard bushel, or 5.0% of peeler crabs in any other container, that are harvested from waters on the ocean side of Accomack and Northampton Counties and measure less than 3-1/4 inches across the shell from tip to tip of the longest spikes, except as described in subsection C of this section.
C. In the enforcement of these peeler crab minimum size limits aboard a vessel, the marine police officer shall select a single container of peeler crabs of the officer's choosing to determine if the contents of that container violate the minimum size and tolerance described in this section. If the officer determines the contents of the container are in violation, then the officer shall return all peeler crabs on board the vessel to the water alive.
D. It shall be unlawful for any person to take, catch, harvest, possess, sell or offer for sale, or to destroy in any manner any soft crab that measures less than 3-1/2 inches across the shell from tip to tip of the longest spikes.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 12, Issue 14, eff. February 29, 1996; amended, Virginia Register Volume 18, Issue 14, eff. March 5, 2002; Volume 24, Issue 15, eff. March 1, 2008; Volume 24, Issue 19, eff. April 30, 2008; Volume 25, Issue 16, eff. March 26, 2009; Volume 29, Issue 8, eff. November 26, 2012; Volume 30, Issue 7, eff. November 21, 2013; Volume 30, Issue 24, eff. July 1, 2014; Volume 31, Issue 21, eff. July 5, 2015; Volume 32, Issue 24, eff. July 5, 2016; Volume 33, Issue 26, eff. August 1, 2017; Volume 37, Issue 7, eff. November 1, 2020; Volume 37, Issue 24, eff. July 5, 2021; Volume 40, Issue 24, eff. July 5, 2024.
4VAC20-270-56. Daily recreational harvest and possession limit.
It shall be unlawful to take by using an unlicensed dip net or hand line, or two crab pots, or to harvest or possess for personal use aboard any vessel, more than one bushel of hard crabs or two dozen peeler crabs per day.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 14, eff. March 5, 2002; amended, Virginia Register Volume 24, Issue 19, eff. April 30, 2008; Volume 29, Issue 23, eff. June 26, 2013.
4VAC20-270-57. Crab dredge fishery.
In accordance with the provisions of § 28.2-707 of the Code of Virginia, the crab dredging season of December 1, 2024, through March 31, 2025, is closed, and it shall be unlawful to use a dredge for catching crabs from the waters of the Commonwealth during that season.
Statutory Authority
§ 28.1-201 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 7, eff. November 1, 2024.
4VAC20-270-58. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 24, Issue 19, eff. April 30, 2008; amended, Virginia Register Volume 25, Issue 21, eff. June 1, 2009; repealed Virginia Register Volume 32, Issue 24, eff. July 5, 2016.
4VAC20-270-60. 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 VR450-01-0036 § 6, eff. December 1, 1985; amended, Virginia Register Volume 4, Issue 20, eff. May 23, 1988; Volume 5, Issue 8, eff. January 1, 1989; Volume 5, Issue 19, eff. May 4, 1989; Volume 5, Issue 22, eff. July 1, 1989; Volume 11, Issue 7, eff. January 1, 1995; Volume 11, Issue 14, eff. March 2, 1995.