Administrative Code

Virginia Administrative Code
10/1/2022

Chapter 190. Pertaining to Measuring Mesh Size of Menhaden Nets

4VAC20-190-10. Purpose.

The purpose of this chapter is to set forth the procedure that will be used for determining compliance with § 28.2-410 of the Code of Virginia. This section sets forth in part: "It is also unlawful for any person to use any purse net or other net having a stretched mesh of less than 1-3/4 inches." Since the law does not specify how the stretched mesh (mesh size) will be determined, this chapter shall serve to clarify the term stretched mesh and establish a technique for determining the size of the stretched mesh.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0025; § 1, eff. February 2, 1981; amended, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.

4VAC20-190-20. Definitions.

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

"Bunt" means the section of the net where the fish are concentrated during pumping operations.

"Cork line" means the line containing floats or corks attached to the top of the net as it hangs in the water.

"Ring line" means the line passed through the rings attached to the bottom of the net as it hangs in the water.

"Selvedge" means the reinforced edge of the net required for mounting of the net on the ring line and cork line.

"Stretched mesh" or "mesh size" means the inside distance between two knots or joints on opposite sides of the mesh.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0025; § 2, eff. February 2, 1981; amended, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.

4VAC20-190-30. Procedure.

A. The nets shall be wet when measured.

B. A measurement shall consist of the inside stretched distance of one mesh.

C. Fifty individual measurements shall be taken from the net in a location other than the bunt, at least 10 meshes below the selvedge, and from meshes that are not part of a seam.

D. The measuring device shall be inserted into the mesh in a vertical direction as the net is oriented between the ring line and cork line.

E. A force of 8.8 pounds (4 kilograms) shall be applied in taking the measurements.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0025; § 3, eff. February 2, 1981; amended, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.

4VAC20-190-40. Compliance.

The stretched mesh will be determined by computing the average of the 50 measurements which will yield the average stretched mesh measurement and this average shall be equal to or greater than 1-3/4 inches (44.45 millimeters).

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0025; § 4, eff. February 2, 1981; amended, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.

4VAC20-190-50. Penalty.

As set forth in § 28.2-410 of the Code of Virginia, any person using any purse seine or other net having a stretched mesh of less than 1-3/4 inches to catch menhaden shall be guilty of a Class 1 misdemeanor.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0025; § 5, eff. February 2, 1981; amended, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.

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