4 Va. Admin. Code § 20-252-20

Current through Register Vol. 40, No. 22, June 17, 2024
Section 4VAC20-252-20 - Definitions

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

"Bait" means any whole or part of any marine or aquatic organism, live or dead.

"Chesapeake Bay area" means the commercial fishing area that includes the Chesapeake Bay and its tributaries and the Potomac River tributaries.

"Chesapeake Bay and its tributaries" means all tidal waters of the Chesapeake Bay and its tributaries within Virginia, westward of the shoreward boundary of the Territorial Sea, excluding the coastal area and the Potomac River tributaries as defined in this section.

"Circle hook" means a non-offset, non-stainless steel hook with the point turned sharply and straight back toward the shank.

"Coastal area" means the area that includes Virginia's portion of the Territorial Sea, plus all of the creeks, bays, inlets, and tributaries on the seaside of Accomack County, Northampton County (including areas east of the causeway from Fisherman Island to the mainland), and the City of Virginia Beach (including federal areas and state parks, fronting on the Atlantic Ocean and east and south of the point where the shoreward boundary of the Territorial Sea joins the mainland at Cape Henry).

"Commercial fishing," "fishing commercially," or "commercial fishery" means fishing by any person where the catch is or is intended for sale, barter, trade, or any commercial purpose.

"Great Wicomico-Tangier Striped Bass Management Area" means the area that includes the Great Wicomico River and those Virginia waters bounded by a line beginning at Dameron Marsh at NAD 83 North Latitude 37-46.9535, West Longitude 76-17.1294; extending to the southernmost point of Tangier Island, and north to a point on the Virginia-Maryland state boundary at NAD 83 North Latitude 37-57.0407, West Longitude 75-58.5043, and then westerly along the Virginia-Maryland state boundary to Smith Point.

"Potomac River tributaries" means all the tributaries of the Potomac River that are within Virginia's jurisdiction beginning with, and including, Flag Pond extending upstream to the District of Columbia boundary.

"Recreational fishing," "fishing recreationally," or "recreational fishery" means fishing by any person, whether licensed or exempted from licensing, where the catch is not or is not intended for sale, barter, trade, or any commercial purpose.

"Recreational vessel" means any vessel, kayak, charter vessel, or headboat participating in the recreational striped bass fishery.

"Share" means a percentage of the striped bass commercial harvest quota.

"Snout" means the most forward projection from a fish's head that includes the upper and lower jaw.

"Spawning reaches" means sections within the spawning rivers as follows:

1. James River from a line connecting Dancing Point and New Sunken Meadow Creek upstream to a line connecting City Point and Packs Point.

2. Pamunkey River from the Route 33 Bridge at West Point upstream to a line connecting Liberty Hall and the opposite shore.

3. Mattaponi River from the Route 33 Bridge at West Point upstream to the Route 360 bridge at Aylett.

4. Rappahannock River from the Route 360 Bridge at Tappahannock upstream to the Route 1 Falmouth Bridge.

"Spear" or "spearing" means to fish while the person is fully submerged under the water's surface with a mechanically aided device designed to accelerate a barbed spear.

"Striped bass" means any fish or any hybrid of the species Morone saxatilis.

"Total length" means the length of a fish measured from the most forward projection of the snout, with the mouth closed, to the tip of the longer lobe of the tail (caudal) fin, measured with the tail compressed along the midline, using a straight-line measure, not measured over the curve of the body.

4 Va. Admin. Code § 20-252-20

Derived from Virginia Register Volume 13, Issue 8, eff. December 6, 1996; amended, Virginia Register Volume 13, Issue 14, eff. March 1, 1997; Volume 14, Issue 8, eff. January 1, 1998; Volume 19, Issue 10, eff. January 1, 2003; Volume 23, Issue 8, eff. January 1, 2007; Volume 29, Issue 2, eff. September 1, 2012; Amended, Virginia Register Volume 31, Issue 17, eff. 4/1/2015; Amended, Virginia Register Volume 33, Issue 10, eff. 1/1/2017; Amended, Virginia Register Volume 33, Issue 17, eff. 4/1/2017; Amended, Virginia Register Volume 34, Issue 10, eff. 1/1/2018; Amended, Virginia Register Volume 35, Issue 02, eff. 9/1/2018; Amended, Virginia Register Volume 35, Issue 21, eff. 5/28/2019; Amended, Virginia Register Volume 36, Issue 26, eff. 8/1/2020; Amended, Virginia Register Volume 37, Issue 19, eff. 5/1/2021.

Statutory Authority: § 28.2-201 of the Code of Virginia.