VIRGINIA MARINE RESOURCES COMMISSION
"PROCEDURES FOR THE CONFISCATION OF GILL NETS AND OTHER MOVEABLE FISHING DEVICES"
REGULATION 4 VAC 20-550-10 ET SEQ.
This regulation establishes procedures for the confiscation of gill nets and other moveable fishing devices which are abandoned or improperly fished.
This regulation is promulgated pursuant to authority contained in §28.2-201 of the Code of Virginia. This regulation amends and re-adopts prior Regulation 450-01-0072 that was adopted by the Marine Resources Commission on May 28, 1991 and was effective June 8, 1991. The effective date of this regulation is July 1, 1995.
4 VAC 20-550-10. Purpose.
The purpose of this chapter is to ensure that gill nets and other non-fixed finfishing gear are properly fished and to establish procedures for the removal of those nets which are abandoned or improperly fished.
4 VAC 20-550-20. Fishing requirement; notification procedures.
A. It shall be unlawful for any person to set any gill net or non-fixed finfishing device and let said net or device remain unfished.
B. If, upon visual observation, any Marine Patrol Officer determines on reasonable evidence that any gill net or non-fixed finfishing device has not been fished, he shall notify the licensee as established in subsection C of this section, and if the licensee fails to fish or remove said gill net or non-fixed finfishing device within 24 hours after notification, the licensee shall be guilty of a violation of this chapter and the Marine Patrol Officer is authorized to confiscate said gill net or non-fixed finfishing device.
C. A verbal warning by a Marine Patrol Officer to the licensee by telephone or in person, or the placement of a warning tag on the gill net or non-fixed device adjacent to the license tag shall constitute notification to the licensee of a potential violation. Warning tags shall explain that the gear must be fished or removed from the water within 24 hours or the gear will be confiscated.
4 VAC 20-550-30. Penalty.
As set forth in § 28.2-903 of the Code of Virginia, any person 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 person within 12 months of a prior violation is a Class 1 misdemeanor.