Pursuant to Section 2.2-4000 et seq., Virginia Statutes/Administrative Process Act, the Center for Biological Diversity, Virginia Herpetological Society, Wild Virginia, Dr. Willem M. Roosenburg hereby petition the Virginia Marine Resources Commission to formally adopt a rule requiring by-catch reduction devices (BRD) in all licensed blue crab pots deployed in near-shore waters to protect the diamondback terrapin.
Virginia’s fishing regulations currently do not require the use of BRDs in licensed blue crab pots. To protect diamondback terrapins from incidental mortality in active and inactive blue crab pots, Petitioners request that the Virginia Marine Resources Commission adopt or amend regulations require BRDs on licensed commercial and recreational blue crab pots in waters less than 150 yards from shore (at mean low water mark), including manmade lagoons, creeks, coves, rivers, tributaries, shallow bays, inlets, and near-shore harbors. To provide the fishery reasonable time to retrofit crab pots, Petitioners suggest a three-year grace period from the date of adoption or amendment of the regulation. The proposal also includes a provision to allow the use of other gear modifications that demonstrate through peer-reviewed study similar in efficacy to 4.5 cm by 12 cm BRDs.

The Virginia Marine Resources Commission is submitting notice of the petition for publication in the Virginia Register of Regulations and announcing a public comment period.  Following receipt of comments on the petition, the Commission will review the petition.  

A public hearing on the Petition for Rulemaking was held by the Marine Resources Commission on Tuesday, June 24, 2025 at Fort Monroe, VA.  The petition was to require bycatch reduction devices in crab pots in near-shore waters to protect diamondback terrapins.  The petition was denied by unanimous vote of the Commission. However, the Commission directed staff to conduct a broader review of recreational crab pot fisheries with respect to terrapin exclusion devices and provide that information to the Crab Management Advisory Committee for future consideration.