Administrative Code

Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 20. Marine Resources Commission
4/7/2020

Chapter 550. Pertaining to the Removal of Gill Nets and Other Nonfixed Finfishing Gear

4VAC20-550-10. Purpose.

The purpose of this chapter is to ensure that gill nets and other nonfixed finfishing gear are properly fished and to establish procedures for the removal of those nets which are abandoned or improperly fished.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0072 § 1, eff. June 8, 1991; amended, Virginia Register Volume 11, Issue 22, eff. July 1, 1995.

4VAC20-550-20. Fishing requirement; notification procedures.

A. It shall be unlawful for any person to set any gill net or nonfixed finfishing device and let said net or device remain unfished.

B. If, upon visual observation, any Marine Patrol Officer determines on reasonable evidence that any gill net or nonfixed finfishing device has not been fished, he shall notify the licensee as established in subsection C of this section, and if the licensee fails to fish or remove said gill net or nonfixed finfishing device within 24 hours after notification, the licensee shall be guilty of a violation of this chapter and the Marine Patrol Officer is authorized to confiscate said gill net or nonfixed finfishing device.

C. A verbal warning by a Marine Patrol Officer to the licensee by telephone or in person, or the placement of a warning tag on the gill net or nonfixed device adjacent to the license tag shall constitute notification to the licensee of a potential violation. Warning tags shall explain that the gear must be fished or removed from the water within 24 hours or the gear will be confiscated.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0072 § 2, eff. June 8, 1991; amended, Virginia Register Volume 11, Issue 22, eff. July 1, 1995.

4VAC20-550-30. 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 VR450-01-0072 § 3, eff. June 8, 1991; amended, Virginia Register Volume 11, Issue 22, eff. July 1, 1995.



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