Section 40. Gear restrictions

A. It shall be unlawful for any person to possess channeled whelk harvested from Virginia waters by any means other than by hand, licensed conch dredge, licensed crab dredge, or licensed conch pot.

B. Except as provided in subsection C of this section, it shall be unlawful for any person to place, set, or fish, or attempt to place, set, or fish any conch pot that does not contain a bait bag.

C. Any person not utilizing horseshoe crabs as bait for channeled whelk shall be exempt from the provisions of subsection B of this section, provided that the possession of any quantity of horseshoe crabs on board the vessel of such person shall constitute prima facie evidence of a violation of this chapter. Further, the presence of any quantity of horseshoe crab in any conch pot not equipped with a bait bag shall constitute prima facie evidence of a violation of this chapter.

D. It shall be unlawful for any person to place, set, or fish or attempt to place, set, or fish any conch pot that exclusively contains more than either one-half of a female horseshoe crab or one male horseshoe crab, in whole or in parts.

E. It shall be unlawful for any person to land, attempt to land, or possess channeled whelk that were harvested by pots that do not meet the provisions of this chapter.

Historical Notes

Derived from Volume 12, Issue 18, eff. April 30, 1996; amended, Virginia Register Volume 16, Issue 25, eff. October 1, 2000; Volume 23, Issue 19, eff. July 1, 2007.

Statutory Authority

§ 28.2-201 of the Code of Virginia.