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Administrative Code

Virginia Administrative Code
11/21/2024

Chapter 1370. Pertaining to Atlantic Croaker

4VAC20-1370-10. Purpose.

The purpose of this chapter is to conserve and protect Atlantic croaker stocks in Virginia waters and to be consistent with federal and interstate management measures.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 17, eff. April 15, 2021.

4VAC20-1370-20. Definitions.

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

"Atlantic croaker" means any fish of the species Micropogonias undulatus.

"Captain" means the person licensed by the U.S. Coast Guard to carry passengers for hire who operates the charter boat or head boat.

"Charter vessel" or "for-hire vessel" means a vessel operating with a captain who possesses either a Class A Fishing Guide License, Class B Fishing Guide License, or Fishing Guide Reciprocity Permit.

"Mate" means any person designated to assist on the charter vessel or for-hire vessel.

"Recreational vessel" means any vessel, kayak, charter vessel, or headboat fishing recreationally.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 17, eff. April 15, 2021.

4VAC20-1370-30. Recreational harvest limit.

A. It shall be unlawful for any person fishing recreationally with any gear type to harvest or possess more than 50 Atlantic croaker per day.

B. When fishing from a recreational vessel, the possession limit shall be equal to the number of persons on board who are legally eligible to fish multiplied by the personal possession limits as described in subsection A of this section. The operator of the recreational vessel shall be responsible for any recreational vessel possession limit.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 17, eff. April 15, 2021.

4VAC20-1370-40. Charter and for-hire live bait limit.

When intended for use as live bait for a charter or for-hire vessel, it shall be unlawful to possess more than 50 live Atlantic croaker for bait per day, multiplied by the customer capacity of the charter or for-hire vessel.

1. The customer capacity of the charter vessel shall not include any person who is the captain or a mate.

2. The captain of the charter or for-hire vessel shall be responsible for any charter or for-hire live bait limit.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 17, eff. April 15, 2021.

4VAC20-1370-50. Commercial fishery.

It shall be unlawful for any person fishing commercially with any gear type to harvest or land any Atlantic croaker before January 15 of the current calendar year.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 17, eff. April 15, 2021.

4VAC20-1370-60. Penalty.

As set forth in § 28.2-903 of the Code of Virginia, any individual 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 individual 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 Virginia Register Volume 37, Issue 17, eff. April 15, 2021.

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