4VAC15-320 Fish: Fishing Generally  

  • REGULATIONS
    Vol. 30 Iss. 20 - June 02, 2014

    TITLE 4. CONSERVATION AND NATURAL RESOURCES
    BOARD OF GAME AND INLAND FISHERIES
    Chapter 320
    Proposed Regulation

    Title of Regulation: 4VAC15-320. Fish: Fishing Generally (amending 4VAC15-320-25, 4VAC15-320-60, 4VAC15-320-120; repealing 4VAC15-320-150).

    Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

    Public Hearing Information:

    July 8, 2014 - 9 a.m. - Department of Game and Inland Fisheries, 4000 West Broad Street, Richmond, VA 23230

    Public Comment Deadline: June 20, 2014.

    Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4010 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.

    Summary:

    The proposed amendments (i) adjust or establish the freshwater fishing creel (i.e., possession) and length limits that are allowable in various waters of the state; (ii) add Clinch Mountain and Crooked Creek fee fishing areas to the list of those areas in which children 12 years and younger may fish without a permit if under the direct supervision of a permitted adult, with the daily creel limit for both adult and child or children combined to be six trout; (iii) prohibit stocking blue catfish and their hybrids into privately owned ponds and lakes; and (iv) repeal the authority to shoot fish using a rifle in Scott County.

    4VAC15-320-25. Creel and length limits.

    The creel limits (including live possession) and the length limits for the various species of fish shall be as follows, unless otherwise excepted by posted rules at department-owned or department-controlled waters (see 4VAC15-320-100 D).


    Type of fish

    Subtype or location

    Creel and length limits

    Geographic exceptions

    Creel or length limits for exceptions

    largemouth bass, smallmouth bass, spotted bass

    5 per day in the aggregate (combined);

    No statewide length limits

    Lakes

    Briery Creek Lake

    No bass 16 to 24 inches, only 1 per day longer than 24 inches

    Buggs Island (Kerr)

    Only 2 of 5 bass less than 14 inches

    Claytor Lake

    No bass less than 12 inches

    Flannagan Reservoir

    No bass less than 12 inches

    Lake Gaston

    Only 2 of 5 bass less than 14 inches

    Leesville Reservoir

    Only 2 of 5 bass less than 14 inches

    Lake Moomaw

    No bass less than 12 inches

    Philpott Reservoir

    No bass less than 12 inches

    Quantico Marine Base waters

    No bass 12 to 15 inches

    Smith Mt. Lake and its tributaries below Niagara Dam

    Only 2 of 5 bass less than 14 inches

    Rivers

    Clinch River – within the boundaries of Scott, Wise, Russell, or Tazewell counties

    No bass 11 to 14 inches less than 20 inches, only 1 bass per day longer than 20 inches

    Dan River and tributaries down stream downstream from the Union Street Dam, Danville

    Only 2 of 5 bass less than 14 inches

    James River – Confluence of the Jackson and Cowpasture rivers (Botetourt County) downstream to the 14th Street Bridge in Richmond

    No bass 14 to 22 inches, only 1 per day longer than 22 inches

    New River – Fields Dam (Grayson County) downstream to the VA – WV state line and its tributary tributaries Little River downstream from Little River Dam in Montgomery County, Big Walker Creek from the Norfolk and Western Railroad Bridge downstream to the New River, and Wolf Creek from the Narrows dam downstream to the New River in Giles County (This does not include Claytor Lake, which is delineated as: The upper end of the island at Allisonia downstream to the dam)

    No bass 14 to 20 22 inches, only 1 per day longer than 20 22 inches

    North Fork Holston River - Rt. 91 bridge upstream of Saltville, VA downstream to the VA-TN state line

    No bass less than 20 inches, only 1 per day longer than 20 inches

    North Fork Shenandoah River – Rt. 42 bridge, Rockingham Co. downstream to the confluence with S. Fork Shenandoah at Front Royal

    No bass 11 to 14 inches

    Potomac River - Virginia tidal tributaries above Rt. 301 bridge

    No bass less than 15 inches from March 1 through June 15

    Roanoke (Staunton) River - and its tributaries below Difficult Creek, Charlotte Co.

    Only 2 of 5 bass less than 14 inches

    Shenandoah River –

    Confluence of South Fork and North Fork rivers, Front Royal, downstream, to the Warren Dam, near Front Royal

    No bass 11 to 14 inches

    Base of Warren Dam, near Front Royal downstream to Rt. 17/50 bridge

    No bass 14 to 20 inches, only 1 per day longer than 20 inches

    Rt. 17/50 bridge downstream to VA - WV state line

    No bass 11 to 14 inches

    South Fork Shenandoah River -

    Confluence of North and South rivers, below Port Republic, downstream to Shenandoah Dam, near Town of Shenandoah

    No bass 11 to 14 inches

    Base of Shenandoah Dam, near Town of Shenandoah, downstream to Luray Dam, near Luray

    No bass 14 to 20 inches, only 1 per day longer than 20 inches

    Base of Luray Dam, near Luray, downstream to the confluence with North Fork of Shenandoah, Front Royal

    No bass 11 to 14 inches

    Staunton River -

    Leesville Dam (Campbell County) downstream to the mouth of Difficult Creek, Charlotte County

    No smallmouth bass less than 20 inches, only 1 per day longer than 20 inches

    striped bass

    landlocked striped bass and landlocked striped bass x white bass hybrids

    4 per day in the aggregate;

    No fish less than 20 inches

    Buggs Island (Kerr) reservoir including the Staunton River to Leesville Dam and the Dan River to Union Street Dam (Danville)

    October 1 - May 31: 2 per day in the aggregate;

    No striped bass or hybrid striped bass less than 24 inches;

    June 1 - September 30: 4 per day in the aggregate;

    No length limit

    Smith Mountain Lake and its tributaries, including the Roanoke River upstream to Niagara Dam

    2 per day in the aggregate;

    November 1 - May 31: No striped bass 26 30 to 36 40 inches;

    June 1 - October 31: No length limit

    Lake Gaston

    4 per day in the aggregate

    October 1 - May 31: No striped bass or hybrid striped bass less than 20 inches

    June 1 - September 30: No length limit

    anadromous (coastal) striped bass above the fall line in all coastal rivers of the Chesapeake Bay

    Creel and length limits shall be set by the Virginia Marine Resources Commission for recreational fishing in tidal waters

    anadromous (coastal) in the Meherrin, Nottoway, Blackwater (Chowan Drainage), North Landing and Northwest Rivers and their tributaries plus Back Bay

    2 per day;

    No striped bass less than 18 inches

    white bass

    5 per day;

    No statewide length limits

    walleye

    5 per day in the aggregate;

    No walleye or saugeye less than 18 inches

    New River upstream of Buck Dam in Carroll County

    No walleye less than 20 inches

    Claytor Lake and the New River upstream of Claytor Lake Dam to Buck Dam in Carroll County

    February 1 - May 31:
    2 walleye per day; no walleye 19 to 28 inches;

    June 1 - January 31:
    5 walleye per day; no walleye less than 20 inches

    sauger

    2 per day;

    No statewide length limits

    yellow perch

    No statewide daily limit;

    No statewide length limits

    Lake Moomaw

    10 per day

    chain pickerel

    5 per day;

    No statewide length limits

    Gaston and Buggs Island (Kerr) reservoirs

    No daily limit

    northern pike

    2 per day;

    No pike less than 20 inches

    muskellunge

    2 per day;

    No muskellunge less than 30 inches

    New River - Fields Dam (Grayson County) downstream to the VA - WV state line, including Claytor Lake

    1 per day

    No muskellunge less than 42 inches

    bluegill (bream) and other sunfish excluding crappie, rock bass (redeye) and Roanoke bass

    50 per day in the aggregate;

    No statewide length limits

    Gaston and Buggs Island (Kerr) reservoirs and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County

    No daily limit

    crappie (black or white)

    25 per day in the aggregate;

    No statewide length limits

    Gaston and Buggs Island (Kerr) reservoirs and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County

    No daily limit

    Flannagan and South Holston reservoirs

    No crappie less than 10 inches

    rock bass (redeye)

    25 per day;

    No statewide length limits

    Gaston and Buggs Island (Kerr) reservoirs and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County.

    No daily limit

    Nottoway and Meherrin rivers and their tributaries

    5 per day in the aggregate with Roanoke bass;

    No rock bass less than 8 inches

    Roanoke bass

    No statewide daily limit;

    No statewide length limits

    Nottoway and Meherrin rivers and their tributaries

    5 per day in the aggregate with rock bass;

    No Roanoke bass less than 8 inches

    trout

    See 4VAC15-330. Fish: Trout Fishing.

    catfish

    channel, white, and flathead catfish

    20 per day;

    No length limits

    All rivers below the fall line

    No daily limit

    blue catfish

    20 per day, only 1 blue catfish per day longer than 32 inches

    All rivers below the fall line

    No daily limit, except only 1 blue catfish per day longer than 32 inches

    yellow, brown, and black bullheads

    No daily limit;

    No length limits

    American shad and hickory shad

    James River above the fall line (14th Street Bridge), the Meherrin River above Emporia Dam, the Chickahominy River above Walkers Dam, the Appomattox River above Harvell Dam, the Pamunkey River and the Mattaponi River above the Rt. 360 bridge, and the Rappahannock River above the Rt. 1 bridge, and Virginia waters of Lake Gaston and Buggs Island (Kerr) Reservoir and tributaries to include the Dan and Staunton rivers

    No possession (catch and release only)

    (below the fall line) in tidal Above and below the fall line in all coastal rivers of the Chesapeake Bay

    Creel and length limits shall be the same as those set by the Virginia Marine Resources Commission for these species in tidal rivers

    Meherrin River below Emporia Dam Nottoway River, Blackwater River (Chowan Drainage), North Landing and Northwest rivers, and their tributaries plus Back Bay

    10 per day in the aggregate

    No length limits

    anadromous (coastal) alewife and blueback herring

    Above and below the fall line in all coastal rivers of the Chesapeake Bay

    Creel and length limits shall be the same as those set by the Virginia Marine Resources Commission for these species in tidal rivers

    Meherrin River, Nottoway River, Blackwater River (Chowan Drainage), North Landing and Northwest rivers, and their tributaries plus Back Bay

    No possession

    red drum

    Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries

    1 per day;

    No drum less than 18 inches or greater than 27 inches

    spotted sea trout (speckled trout)

    Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries

    4 per day;

    No sea trout less than 14 inches

    grey trout (weakfish)

    Back Bay and tributaries including Lake Tecumseh and North Landing River and its tributaries

    1 per day;

    No grey trout less than 12 inches

    southern flounder

    Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries

    6 per day;

    No flounder less than 15 inches

    northern snakehead

    Anglers may possess snakeheads taken from Virginia waters if they immediately kill the fish and notify the headquarters or a regional office of the department; notification may be made by telephoning (804) 367-2925

    No statewide daily limit

    No statewide length limits

    other native or naturalized nongame fish

    See 4VAC15-360-10. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish. Taking aquatic invertebrates, amphibians, reptiles and nongame fish for private use.

    endangered or threatened fish

    See 4VAC15-20-130. Definitions and Miscellaneous: In General. Endangered and threatened species; adoption of federal list; additional species enumerated.

    nonnative (exotic) fish

    See 4VAC15-30-40. Definitions and Miscellaneous: Importation, Possession, Sale, Etc., of Animals. Importation requirements, possession and sale of nonnative (exotic) animals.

    4VAC15-320-60. Approval required to stock fish into inland waters.

    It shall be unlawful to stock any species of fish into any inland waters of the Commonwealth, without first obtaining written approval to do so from the department. Nothing in this section shall be construed as restricting the use of native and naturalized species of fish in privately-owned ponds and lakes, except blue catfish and their hybrids may not be stocked.

    4VAC15-320-120. Special daily permit for fishing in Clinch Mountain Wildlife Management Area, Douthat State Park Lake and Crooked and Wilson Creeks.

    It shall be unlawful to fish in the Clinch Mountain Wildlife Management Area (except in Little Tumbling Creek and Laurel Bed Lake), in Douthat State Park Lake and in Wilson Creek both above the lake to the park boundary and downstream to the lower USFS boundary, and in the Crooked Creek fee fishing area in Carroll County without having first paid to the department for such privilege a daily use fee. Such daily use fee shall be in addition to all other license fees provided by law. Upon payment of the daily use fee the department shall issue a special permit which that shall be signed and carried by the person fishing. This fee will be required from the first Saturday in April through September 30 at Clinch Mountain Wildlife Management Area (except Little Tumbling Creek and Laurel Bed Lake) and at Crooked Creek fee fishing area in Carroll County, and from the first Saturday in April through June 15 and from September 15 through October 31 at Douthat State Park Lake and Wilson Creek, except that the director may temporarily suspend fee requirements if conditions cause suspension of trout stocking. During the remainder of the year, these waters will revert to designated stocked trout waters and a trout license will be required except as provided in 4VAC15-20-190. No fishing is permitted in these waters for five days preceding the opening day. Fishing shall begin at 9 a.m. on opening day at all fee areas. After opening day, fishing times will be as posted at each fee area. The department may recognize clearly marked "children only" fishing areas within any department fee fishing area. Within these "children only" areas, children 12 years old or less younger may fish without the daily use fee if accompanied by a fully licensed adult who has purchased a valid daily permit. No person over older than 12 years of age may fish in these children-only areas. Also, children 12 years of age and under younger can fish without a permit in the entire Douthat Fee Fishing Area all three fee fishing areas if under the direct supervision of a permitted adult. However, the combined daily creel limit for both adult and child/children in such a party shall not exceed six trout. During the fee fishing season these waters will be subject to 4VAC15-330-60, 4VAC15-330-80, and 4VAC15-330-90, as it relates to designated stocked trout waters.

    4VAC15-320-150. Shooting certain fish in Clinch River in Scott County. (Repealed.)

    It shall be lawful for any person holding a current license to fish to shoot suckers, redhorse and carp with a rifle, during the hours of sunrise to sunset, from April 15 to May 31, both inclusive, in the waters of the Clinch River within the limits of Scott County; except, that it shall be unlawful to shoot fish on Sunday, or within the limits of any town, or from any bridge. No more than 20 such fish may be so taken during any one day. All persons engaged in the shooting or the retrieval of fish pursuant to this section shall have in their possession a current fishing license.

    VA.R. Doc. No. R14-4052; Filed May 14, 2014, 10:26 a.m.