Chapter 1090. Pertaining to Licensing Requirements and License Fees
4VAC20-1090-10. Purpose.
The purpose of this regulation is to specify the fees for each license required of any person to take, catch, harvest, possess or market fish, oysters, crabs, clams or other seafood species in the tidal waters of Virginia for commercial purposes or to take, catch or possess any species for recreational purposes. The license fees described in this regulation supersede those fishing license fees described in Title 28.2 of the Code of Virginia.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 22, Issue 4, eff. December 1, 2005; amended, Virginia Register Volume 30, Issue 25, eff. August 1, 2014.
4VAC20-1090-20. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 22, Issue 4, eff. December 1, 2005; Errata, 22:8 VA.R. 1198 December 26, 2005; repealed, Virginia Register Volume 23, Issue 4, eff. October 1, 2006; Errata, 23:11 VA.R. 1893 February 5, 2007.
4VAC20-1090-30. License fees.
The following listing of license fees applies to any person who purchases a license for the purpose of harvesting for commercial purposes or fishing for recreational purposes during any calendar year. The fees listed below include a $1.00 agent fee.
1. COMMERCIAL LICENSES | |
Commercial Fisherman Registration License | $190.00 |
Commercial Fisherman Registration License for a person 70 years or older | $90.00 |
Delayed Entry Registration | $190.00 |
Delayed Entry Registration License for a person 70 years or older | $90.00 |
Seafood Landing License for each boat or vessel | $175.00 |
For each Commercial Fishing Pier over or upon subaqueous beds (mandatory) | $83.00 |
Seafood Buyer's License -- For each boat or motor vehicle | $63.00 |
Seafood Buyer's License -- For each place of business | $126.00 |
Clam Aquaculture Product Owner's Permit | $10.00 |
Oyster Aquaculture Product Owner's Permit | $10.00 |
Clam Aquaculture Harvester's Permit | $5.00 |
Oyster Aquaculture Harvester's Permit | $5.00 |
Nonresident Harvester's License | $444.00 |
2. OYSTER RESOURCE USER FEES | |
Any licensed commercial fisherman harvesting oysters by hand | $50.00 |
For any harvester using one or more gear types to harvest oysters or for any registered commercial fisherman who solely harvests or possesses any bushel limit described in 4VAC20-720-80, only one oyster resource user fee per year shall be paid | $300.00 |
On any business shucking or packing no more than 1,000 gallons of oysters | $500.00 |
On any business shucking or packing more than 1,000 but no more than 10,000 gallons of oysters | $1,000.00 |
On any business shucking or packing more than 10,000 but no more than 25,000 gallons of oysters | $2,000.00 |
On any business shucking or packing more than 25,000 gallons of oysters | $4,000.00 |
On any oyster buyer using a single truck or location | $100.00 |
On any oyster buyer using multiple trucks or locations | $300.00 |
Commercial aquaculture operation, on riparian assignment or general oyster planting grounds | $50.00 |
3. OYSTER HARVESTING, SHUCKING, RELAY, AND BUYERS LICENSES | |
Any person purchasing oysters caught from the public grounds of the Commonwealth or the Potomac River, for a single place of business with one boat or motor vehicle used for buying oysters | $50.00 |
Any person purchasing oysters caught from the public grounds of the Commonwealth or the Potomac River, for a single place of business with multiple boats or motor vehicles used for buying oysters | $100.00 |
For each person taking oysters by hand, or with ordinary tongs | $10.00 |
For each single-rigged patent tong boat taking oysters | $35.00 |
For each double-rigged patent tong boat taking oysters | $70.00 |
Oyster Dredge Public Ground | $50.00 |
Oyster Hand Scrape | $50.00 |
To shuck and pack oysters, for any number of gallons under 1,000 | $12.00 |
To shuck and pack oysters, for 1,000 gallons, up to 10,000 | $33.00 |
To shuck and pack oysters, for 10,000 gallons, up to 25,000 | $74.00 |
To shuck and pack oysters, for 25,000 gallons, up to 50,000 | $124.00 |
To shuck and pack oysters, for 50,000 gallons, up to 100,000 | $207.00 |
To shuck and pack oysters, for 100,000 gallons, up to 200,000 | $290.00 |
To shuck and pack oysters, for 200,000 gallons or over | $456.00 |
To relay condemned shellfish from a general oyster planting ground | $150.00 |
4. BLUE CRAB HARVESTING AND SHEDDING LICENSES, EXCLUSIVE OF CRAB POT LICENSES | |
For each person taking or catching crabs by dip nets | $13.00 |
For ordinary trotlines | $13.00 |
For patent trotlines | $51.00 |
For each single-rigged crab-scrape boat | $26.00 |
For each double-rigged crab-scrape boat | $53.00 |
For up to 210 peeler pots | $36.00 |
For up to 20 tanks and floats for shedding crabs | $9.00 |
For more than 20 tanks or floats for shedding crabs | $19.00 |
For each crab trap or crab pound | $8.00 |
5. CRAB POT LICENSES | |
For up to 85 crab pots | $48.00 |
For over 85 but not more than 127 crab pots | $79.00 |
For over 127 but not more than 170 crab pots | $79.00 |
For over 170 but not more than 255 crab pots | $79.00 |
For over 255 but not more than 425 crab pots | $127.00 |
6. HORSESHOE CRAB, LOBSTER, AND SHRIMP LICENSES | |
For each person harvesting horseshoe crabs by hand | $16.00 |
For each boat engaged in fishing for or landing of lobster using less than 200 pots | $41.00 |
For each boat engaged in fishing for or landing of lobster using 200 pots or more | $166.00 |
For each person commercial shrimp trawling | $100.00 |
7. CLAM HARVESTING LICENSES | |
For each person taking or harvesting clams by hand, rake, or with ordinary tongs | $24.00 |
For each single-rigged patent tong boat taking clams | $58.00 |
For each double-rigged patent tong boat taking clams | $84.00 |
For each boat using clam dredge (hand) | $19.00 |
For each boat using clam dredge (power) | $44.00 |
For each boat using hydraulic dredge to catch soft shell clams | $83.00 |
For each person taking surf clams | $124.00 |
Water Rake Permit | $24.00 |
8. CONCH (WHELK) HARVESTING LICENSES | |
For each boat using a conch dredge | $58.00 |
For each person taking channeled whelk by conch pot | $51.00 |
9. FINFISH HARVESTING LICENSES | |
Each pound net | $41.00 |
Each stake gill net of 1,200 feet in length or under, with a fixed location | $24.00 |
All other gill nets up to 600 feet | $16.00 |
All other gill nets over 600 feet and up to 1,200 feet | $24.00 |
Each person using a cast net or throw net or similar device | $13.00 |
Each fyke net head, weir, or similar device | $13.00 |
For fish trotlines | $19.00 |
Each person using or operating a fish dip net | $9.00 |
On each haul seine used for catching fish, under 500 yards in length | $48.00 |
On each haul seine used for catching fish, from 500 yards in length to 1,000 yards in length | $146.00 |
For each person using commercial hook and line | $31.00 |
For each person using commercial hook and line for catching striped bass only | $31.00 |
For up to 100 fish pots | $19.00 |
For over 100 but not more than 300 fish pots | $24.00 |
For over 300 fish pots | $62.00 |
For up to 100 eel pots | $19.00 |
For over 100 but not more than 300 eel pots | $24.00 |
For over 300 eel pots | $62.00 |
For each person electrofishing catfish | $100.00 |
10. MENHADEN HARVESTING LICENSES Any person purchasing more than one of the following licenses, as described in this subsection, for the same vessel shall pay a fee equal to that for a single license for the same vessel. | |
On each boat or vessel under 70 gross tons fishing for the purse seine menhaden reduction sector | $249.00 |
On each vessel 70 gross tons or over fishing for the purse seine menhaden reduction sector | $996.00 |
On each boat or vessel under 70 gross tons fishing for the purse seine menhaden bait sector | $249.00 |
On each vessel 70 gross tons or over fishing for the purse seine menhaden bait sector | $996.00 |
11. COMMERCIAL GEAR FOR RECREATIONAL USE | |
Up to five crab pots with a terrapin excluder device | $36.00 |
Up to five crab pots without a terrapin excluder device | $46.00 |
Crab trotline (300 feet maximum) | $10.00 |
One crab trap or crab pound | $6.00 |
One gill net up to 300 feet in length | $9.00 |
Fish dip net | $7.00 |
Fish cast net | $10.00 |
Up to two eel pots | $10.00 |
12. SALTWATER RECREATIONAL FISHING LICENSE | |
Individual, resident (one year) | $17.50 |
Individual, resident (two years) | $33.50 |
Individual, resident (three years) | $49.50 |
Individual, resident (four years) | $65.50 |
Individual, nonresident (one year) | $25.00 |
Temporary 10-Day, resident | $10.00 |
Temporary 10-Day, nonresident | $10.00 |
Recreational boat, resident | $48.00 |
Recreational boat, nonresident, provided a nonresident may not purchase a recreational boat license unless his boat is registered in Virginia | $76.00 |
Head Boat/Charter Boat, resident, six or less passengers | $190.00 |
Head Boat/Charter Boat, nonresident, six or less passengers | $380.00 |
Head Boat/Charter Boat, resident, more than six passengers, plus $5.00 per person, over six persons | $190.00 |
Head Boat/Charter Boat, nonresident, more than six passengers, plus $5.00 per person, over six persons | $380.00 |
Rental Boat, resident, per boat, with maximum fee of $703 | $14.00 |
Rental Boat, nonresident, per boat, with maximum fee of $1270 | $18.00 |
Commercial Fishing Pier (Optional) | $632.00 |
Disabled Resident Lifetime Saltwater License | $10.00 |
Disabled Nonresident Lifetime Saltwater License | $10.00 |
Reissuance of Saltwater Recreational Boat License | $5.00 |
13. COMBINED SPORTFISHING LICENSE This license is to fish in all inland waters and tidal waters of the Commonwealth during open season. | |
Residents | $39.50 |
Nonresidents | $71.00 |
14. COMBINED SPORTFISHING TRIP LICENSE This license is to fish in all inland waters and tidal waters of the Commonwealth during open season for five consecutive days. | |
Residents | $24.00 |
Nonresidents | $31.00 |
15. TIDAL BOAT SPORTFISHING LICENSE | |
Residents | $126.00 |
Nonresidents | $201.00 |
16. LIFETIME SALTWATER RECREATIONAL FISHING LICENSES | |
Individual Resident Lifetime License | $276.00 |
Individual Nonresident Lifetime License | $500.00 |
Individual Resident Lifetime License age 45 - 50 | $132.00 |
Individual Nonresident Lifetime License age 45 - 50 | $240.00 |
Individual Resident Lifetime License age 51 - 55 | $99.00 |
Individual Nonresident Lifetime License age 51 - 55 | $180.00 |
Individual Resident Lifetime License age 56 - 60 | $66.00 |
Individual Nonresident Lifetime License age 56 - 60 | $120.00 |
Individual Resident Lifetime License age 61 - 64 | $35.00 |
Individual Nonresident Lifetime License age 61 - 64 | $60.00 |
Individual Resident Lifetime License age 65 and older | $5.00 |
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 22, Issue 4, eff. December 1, 2005; Errata, 22:8 VA.R. 1198 December 26, 2005; amended, Virginia Register Volume 23, Issue 4, eff. October 1, 2006; Errata, 23:11 VA.R. 1893 February 5, 2007; amended, Virginia Register Volume 23, Issue 11, eff. February 1, 2007; Volume 24, Issue 8, eff. December 1, 2007; 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 26, Issue 1, eff. December 1, 2009; Errata, 26:4 VA.R. 449 October 26, 2009; amended, Virginia Register Volume 27, Issue 4, eff. January 1, 2011; Volume 29, Issue 21, eff. July 1, 2013; Errata, 29:22 VA.R. 2726 July 1, 2013; amended, Virginia Register Volume 30, Issue 25, eff. August 1, 2014; Volume 31, Issue 7, eff. January 1, 2015; Volume 31, Issue 19, eff. May 1, 2015; Volume 31, Issue 21, eff. June 1, 2015; Volume 31, Issue 23, eff. July 1, 2015; Volume 32, Issue 6, eff. November 1, 2015; Volume 32, Issue 25, eff. July 30, 2016; Volume 36, Issue 26, eff. January 1, 2021; Volume 37, Issue 26, eff. August 1, 2021; Volume 39, Issue 15, eff. March 3, 2023; Volume 40, Issue 18, eff. April 1, 2024.
4VAC20-1090-40. Penalty.
A. As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter, except as provided in subsection B of this section, 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.
B. As set forth in § 28.2-549 of the Code of Virginia, any person willfully failing to pay oyster resource user fees to the commission shall be guilty of a Class 1 misdemeanor.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 22, Issue 4, eff. December 1, 2005; amended, Virginia Register Volume 29, Issue 21, eff. July 1, 2013.