Section 20. Definitions

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

"Bottlenose Dolphin Pound Net Regulated Area" means all Virginia marine waters of the Atlantic Ocean within three nautical miles (5.56 km) of shoreline and all adjacent tidal waters bounded on the north by the Maryland-Virginia state line from 38° 00.85' N. latitude, 75° 22.70' W. longitude seaward to 38° 02.03' N. latitude, 75° 09.80' W. longitude; on the south by the North Carolina-Virginia state line from 36° 33.03' N. latitude, 75° 48.27' W. longitude landward to 36° 33.02' N. latitude, 75° 52.05' W. longitude; and all waters of the mainstem of the Chesapeake Bay, James River (Hampton Roads), York River, and Mobjack Bay; seaward of the Hampton Roads Bridge-Tunnel (U.S. Route 60/I-64) on the James River; seaward of the George P. Coleman Memorial Bridge (U.S. Route 17) on the York River; and south of a line beginning at a point at 37° 19.0' N. latitude, 76° 26.75' W. longitude, a point on the Severn River fork, near Stump Point; thence easterly to a point at 37° 19.0' N. latitude, 76° 13.0' W. longitude; thence southerly to a point at 37° 13.0' N. latitude, 76° 13.0' W. longitude; thence easterly to a point at 37° 13.0' N. latitude, 76° 00.75' W. longitude near Elliotts Creek.

"Fixed fishing device" means any fishing device used for the purpose of catching fish and requiring the use of more than two poles or stakes that have been pushed or pumped into the bottom.

"Fyke net" means a round stationary net distended by a series of hoops or frames, covered by web netting or wire mesh and having one or more internal funnel-shaped throats whose tapered ends are directed away from the mouth of the net. The net, leader, or runner is held in place by stakes or poles that have been pushed or pumped into the bottom and has one or two wings and a leader or runner to help guide the fish into the net.

"Hard lay lines" mean lines that are at least as stiff as 5/16 inch (0.8 cm) diameter line composed of polyester wrapped around a blend of polypropylene and polyethylene and 42 visible twists of strands per foot of line.

"Modified pound net leader" means a pound net leader that is affixed to or resting on the sea floor and made of a lower portion of mesh and an upper portion of only vertical lines such that (i) the mesh size is equal to or less than eight inches stretched mesh; (ii) at any particular point along the leader, the height of the mesh, from sea floor to the top of the mesh, is no more than one-third the depth of the water at mean low water directly above that particular point; (iii) the mesh is held in place by a bottom chain that forms the lowermost part of the pound net leader and the vertical lines extend from the top of the mesh up to a top line, which is a line that forms the uppermost part of the pound net leader; (iv) the vertical lines are equal to or greater than 5/16 inch in diameter and strung vertically at a minimum of every two feet; and (v) the vertical lines are hard lay lines.

"Nearshore pound net leader or nearshore pound net" means a pound net that has every part of the leader, from the most offshore pole at the pound end of the leader to the most inshore pole of the leader, in less than 14 feet (4.3 m) of water at any tidal condition.

"Officer" means the marine police officer in charge of the district within which the fixed fishing device is located.

"Offshore pound net leader or offshore pound net" means a pound net with any part of the leader, from the most offshore pole at the pound end of the leader to the most inshore pole of the leader, in water greater than or equal to 14 feet (4.3 m) at any tidal condition.

"Pound net" means a fixed entrapment gear attached to posts or stakes with three continuous sections from offshore to inshore consisting of (i) a pound made of mesh netting that entraps the fish; (ii) at least one heart made of a mesh netting that is generally in the shape of a heart and aids in funneling fish into the pound; and (iii) a leader, which is a long, straight element consisting of mesh or vertical lines that directs the fish offshore towards the pound.

"Pound Net Regulated Area I" means all waters of the mainstem of the Chesapeake Bay, James River (Hampton Roads), York River, and Mobjack Bay west of the Chesapeake Bay Bridge-Tunnel (U.S. Route 17); seaward of the Hampton Roads Bridge-Tunnel (U.S. Route 60/I-64) on the James River; seaward of the George P. Coleman Memorial Bridge (U.S. Route 17) on the York River; and south of a line beginning at a point 37° 19.0' N. latitude, 76° 26.75' W. longitude, a point on the Severn River fork, near Stump Point; thence easterly to a point at 37° 19.0' N. latitude, 76° 13.0' W. longitude; thence southerly to a point at 37° 13.0' N. latitude, 76° 13.0' W. longitude; thence easterly to a point at 37° 13.0' N. latitude, 76° 00.75' W. longitude near Elliotts Creek.

"Pound Net Regulated Area II" means all waters of the mainstem of the Chesapeake Bay, James River (Hampton Roads), York River, Mobjack Bay, Piankatank River, Rappahannock River, and the Great Wicomico River, outside of Pound Net Regulated Area I, south of 37° 07' N. latitude from Kiptopeake to Smith Island, Northampton County; west of the COLREGS Line at the mouth of the Chesapeake Bay; seaward of the Hampton Roads Bridge-Tunnel (U.S. Route 60/I-64); seaward of the George P. Coleman Memorial Bridge (U.S. Route 17); seaward of the John Andrew Twigg Bridge (VA Route 3) on the Piankatank River; seaward of the Robert Opie Norris Bridge (VA Route 3) on the Rappahannock River; seaward of the Jessie Dupont Memorial Bridge (VA Route 200) on the Great Wicomico River; and south of the Maryland-Virginia state line.

"Staked gill net" means a fixed fishing device consisting of an upright fence of netting fastened to poles or stakes that have been pushed or pumped into the bottom.

Historical Notes

Derived from VR450-01-0004 § 2, eff. January 23, 1985; amended, Volume 10, Issue 10, eff. January 1, 1994; Volume 11, Issue 17, eff. April 7, 1995; Volume 22, Issue 10, eff. December 22, 2005; Volume 23, Issue 04, eff. October 1, 2006; Volume 23, Issue 08, eff. November 29, 2006; Volume 26, Issue 06, eff. November 1, 2009; Volume 26, Issue 21, eff. July 16, 2010, Volume 31, Issue 17, eff. April 1, 2015.

Statutory Authority

§ 28.2-201 of the Code of Virginia.