Section 60. Recreational possession limit

A. It shall be unlawful for any person fishing in any tidal waters of Virginia, except the Potomac River tributaries, with recreational hook and line, rod and reel, spear, gig or other recreational gear to possess more than four summer flounder. When fishing is from a boat or vessel where the entire catch is held in a common hold or container, the possession limit shall be for the boat or vessel and shall be equal to the number of persons on board legally eligible to fish multiplied by four. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limit. Any summer flounder taken after the possession limit has been reached shall be returned to the water immediately.

B. It shall be unlawful for any person fishing in the Potomac River tributaries with recreational hook and line, rod and reel, spear, gig or other recreational gear to possess more summer flounder than the possession limit established by the Potomac River Fisheries Commission for the mainstem Potomac River. When fishing is from a boat or vessel where the entire catch is held in a common hold or container, the possession limit shall be for the boat or vessel and shall be equal to the number of persons on board legally eligible to fish multiplied by the possession limit established by the Potomac River Fisheries Commission for the mainstem Potomac River. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limit. Any summer flounder taken after the possession limit has been reached shall be returned to the water immediately.

C. Possession of any quantity of summer flounder that exceeds the possession limit described in subsections A and B of this section shall be presumed to be for commercial purposes.

Historical Notes

Derived from VR450-01-0081 § 6, eff. January 1, 1993; amended, Volume 10, Issue 10, eff. January 1, 1994; amended, Virginia Register Volume 10, Issue 10, eff. January 1, 1994; Volume 11, Issue 05, eff. October 28, 1994; Volume 11, Issue 14, eff. March 9, 1995; Volume 11, Issue 17, eff. April 25, 1995; Volume 13, Issue 01, eff. October 1, 1996; Volume 13, Issue 14, eff. March 1, 1997; Volume 14, Issue 03, eff. October 1, 1997; Volume 14, Issue 16, eff. April 1, 1998; Volume 18, Issue 14, eff. March 5, 2002; Errata, 18:21 VA.R. 2848 July 1, 2002; Volume 18, Issue 22, eff. June 19, 2002; Volume 20, Issue 16, eff. March 26, 2004; Volume 21, Issue 14, eff. March 1, 2005; Volume 23, Issue 15, eff. March 1, 2007; Volume 26, Issue 14, eff. March 1, 2010; Volume 32, Issue 06, eff. November 1, 2015; Volume 32, Issue 21, eff. June 1, 2016.

Statutory Authority

§§ 28.2-201 and 28.2-204.1 of the Code of Virginia.