Final Text

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Action:
Repeal and Combination with 4 VAC 20-270
Stage: Final
 
4VAC20-270-15 Definitions

The following word or term when used in this chapter shall have the following meaning unless the context indicates otherwise:

"Crab" as described in this chapter refers solely to the crustacean Callinectes sapidus.

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

4VAC20-270-50 Peeler crab pot and hard crab pot limits

A. It shall be unlawful for any person to place, set or fish or attempt to place, set or fish more than 210 300 peeler crab pots in Virginia tidal waters.

B. The lawful hard crab pot license categories and hard crab pot limits are as follows: It shall be unlawful for any person to knowingly place, set or fish in the tidal waters of Virginian any amount of hard crab pots that exceeds that person's licensed crab pot limit, which are as follows:

1. Up to 85 100 crab pots.

2. Up to 127 150 crab pots.

3. Up to 170 200 crab pots.

4. Up to 255 300 crab pots.

5. Up to 425 500 crab pots.

C. It shall be unlawful for any person to knowingly place, set or fish any amount of crab pots that exceeds that person's crab pot limit, as described in subsection B of this section. It shall be unlawful for any person to place, set or fish or attempt to place, set or fish more than 300 hard crab pots in the tributaries of the mainstream Chesapeake Bay or the Potomac River tributaries.

4VAC20-270-51 Daily commercial harvester, vessel, and harvest and possession limits

A. Any barrel used by a harvester to contain or possess any amount of crabs will be equivalent in volume to no more than three bushels of crabs.

B. From July 5, 2025, through October 31, 2025, and May 16, 2026, through July 4, 2026, any commercial fisherman registration licensee legally licensed for any hard crab pot license, as described in 4VAC20-270-50 B, shall be limited to the following maximum daily harvest and possession limits for any of the following hard crab pot license categories:

1. 10 bushels, or three barrels and one bushel, of crabs if licensed for up to 85 100 crab pots.

2. 14 bushels, or four barrels and two bushels, of crabs if licensed for up to 127 150 crab pots.

3. 18 bushels, or six barrels, of crabs if licensed for up to 170 200 crab pots.

4. 29 bushels, or nine barrels and two bushels, of crabs if licensed for up to 255 300 crab pots.

5. 47 bushels, or 15 barrels and two bushels, of crabs if licensed for up to 425 500 crab pots.

C. From November 1, 2025, through December 20, 2025, and March 17, 2026, through May 15, 2026, any commercial fisherman registration licensee legally licensed for any hard crab pot license, as described in 4VAC20-270-50 B, shall be limited to the following maximum daily harvest and possession limits for any of the following crab pot license categories:

1. Eight bushels, or two barrels and two bushels, of crabs if licensed for up to 85 100 crab pots.

2. 11 bushels, or three barrels and two bushels, of crabs if licensed for up to 127 150 crab pots.

3. 14 bushels, or four barrels and two bushels, of crabs if licensed for up to 170 200 crab pots.

4. 22 bushels, or seven barrels and one bushel, of crabs if licensed for up to 255 300 crab pots.

5. 36 bushels, or 12 barrels, of crabs if licensed for up to 425 500 crab pots.

D. When a single harvester or multiple harvesters are on board any vessel, that vessel's daily harvest and possession limit shall be equal to only one daily harvest and possession limit, as described in subsections B and C of this section, and that daily limit shall correspond to the highest harvest and possession limit of only one licensee on board that vessel.

E. When transporting or selling one or more legal crab pot licensee's crab harvest in bushels or barrels, any agent shall possess either the crab pot license of that one or more crab pot licensee or a bill of lading indicating each crab pot licensee's name, address, commercial fisherman registration license number, date, and amount of bushels or barrels of crabs to be sold.

F. If any police officer finds crabs in excess of any lawful daily bushel, barrel, or vessel limit, as described in this section, that excess quantity of crabs shall be returned immediately to the water by the licensee who possesses that excess over lawful daily harvest or possession limit. The refusal to return crabs, in excess of any lawful daily harvest or possession limit, to the water shall constitute a separate violation of this chapter.

G. When any person on board any boat or vessel possesses a crab pot license, it shall be unlawful for that person or any other person aboard that boat or vessel to possess a seafood buyer's boat license and buy any crabs on any day.