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REGULATION: PROHIBITS THE TAKING OR KILLING OF ANY FISH BY USE OF A FIREARM

VIRGINIA MARINE RESOURCES COMMISSION
"PROHIBITS THE TAKING OR KILLING OF ANY FISH BY USE OF A FIREARM"
REGULATION 4 VAC 20-570-10 ET SEQ.

PREAMBLE

This regulation prohibits the taking or killing of any fish by use of a firearm. It further prohibits the possession and sale of any fish taken by firearm.

This regulation is promulgated pursuant to authority contained on 28.2-201 of the Code of Virginia. This regulation amends and re-adopts prior Regulation 450-01-0074 which was adopted by the Marine Resources Commission on September 24, 1991 and was effective October 1, 1991. The effective date of this regulation is July 1, 1995.

4 VAC 20-570-10. Purpose.

The purpose of this chapter is to conserve the stocks of finfish, eliminate a dangerous method of harvest, and confine harvest methods to traditional fishing gears.

4 VAC 20-570-20. Use of firearms and sale of fish prohibited; exceptions.

A. It shall be unlawful for any person to take, catch, or kill any fish with the use of a firearm.

B. It shall be unlawful for any person to possess or sell any fish taken or killed by the use of a firearm.

C. Nothing in this section shall prohibit the killing by firearm of a shark which has been brought to boatside by legal fishing methods.

D. Nothing in this section shall prohibit the use of underwater fishing devices, known as "bang sticks," which are attached to spears or are hand held and discharge a blank charge or projectile.

4 VAC 20-570-30. 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.

 

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