Administrative Code

Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 20. Marine Resources Commission
3/29/2020

Chapter 880. Pertaining to Hard Crab Pot Limits

4VAC20-880-10. Purpose.

The purpose of this chapter is to protect and conserve the blue crab resource by controlling fishing effort by establishing additional limits on the number of crab pots that can be set or fished.

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 15, Issue 20, eff. May 26, 1999; Volume 24, Issue 21, eff. June 1, 2008.

4VAC20-880-20. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"Coastal area" means the area that includes Back Bay and Virginia's portion of the territorial sea, plus all of the creeks, bays, inlets, and tributaries on the seaside of Accomack County, Northampton County (including areas east of the causeway from Fisherman Island to the mainland), and the City of Virginia Beach (including federal areas and state parks, fronting on the Atlantic Ocean and east and south of the point where the shoreward boundary of the territorial sea joins the mainland at Cape Henry).

"Mainstem Chesapeake Bay" means all tidal waters westward of the shoreward boundary of Virginia's portion of the federal territorial sea, exclusive of the tributaries of the Chesapeake Bay and Potomac River.

"Potomac River tributaries" means all the tributaries of the Potomac River that are within Virginia's jurisdiction beginning with, and including, Flag Pond thence upstream to the District of Columbia boundary.

"Tributaries of the mainstem Chesapeake Bay" means those waters outside of the mainstem of the Chesapeake Bay but westward of the shoreward boundary of Virginia's portion of the federal territorial sea.

Statutory Authority

§§ 28.2-201 and 28.2-204.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 14, eff. February 29, 1996; amended, Virginia Register Volume 24, Issue 19, eff. April 30, 2008.

4VAC20-880-30. Hard crab pot limits.

A. It shall be unlawful for any person to place, set or fish more than 255 hard crab pots in the tributaries of the mainstem Chesapeake Bay or the Potomac River tributaries.

B. It shall be unlawful for any person to place, set or fish more than 425 hard crab pots in the mainstem Chesapeake Bay or coastal area.

C. It shall be unlawful for any person to place, set or fish more than 425 hard crab pots in Virginia tidal waters.

D. It shall be unlawful for any person to take or catch hard crabs or peeler crabs using any type of pot other than a licensed hard crab pot or peeler pot except as provided in § 28.2-226 of the Code of Virginia.

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 24, Issue 19, eff. April 30, 2008; Volume 24, Issue 21, eff. June 1, 2008; Volume 25, Issue 21, eff. June 1, 2009.

4VAC20-880-40 to 4VAC20-880-50. [Repealed]

Historical Notes

Derived from Virginia Register Volume 12, Issue 14, eff. February 29, 1996; amended, Volume 13, Issue 9, eff. January 1, 1997; Volume 14, Issue 14, eff. March 1, 1998; Volume 14, Issue 18, eff. May 1, 1998; repealed, Virginia Register Volume 15, Issue 20, eff. May 26, 1999.

4VAC20-880-60. 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 and 28.2-204.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 14, eff. February 29, 1996.



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