Final Text
The following word or term when used in this chapter shall have the following meaning unless the context indicates otherwise:
"Coastal area" means the area that includes Back Bay and Virginia's portion of the Territorial Sea, plus all of the creeks, bays, inlets, and tributaries on the seaside of Accomack County, Northampton County (including areas east of the causeway from Fisherman Island to the mainland), and the City of Virginia Beach (including federal areas and state parks, fronting on the Atlantic Ocean and east and south of the point where the shoreward boundary of the Territorial Sea joins the mainland at Cape Henry).
"Crab" as described in this chapter refers solely to the crustacean Callinectes sapidus.
"Potomac River tributaries" means all the tributaries of the Potomac River that are within Virginia's jurisdiction beginning with, and including, Flag Pond, thence upstream to the District of Columbia boundary.
"Tributaries of the Mainstream Chesapeake Bay" means those waters outside of the mainstream of the Chesapeake Bay but westward of the shoreward boundary of Virginia's portion of the federal territorial sea.
A. It shall be unlawful for any person to place, set or fish or attempt to place, set or fish more than 210 300 peeler crab pots in Virginia tidal waters.
B. The lawful hard crab pot license categories and hard crab pot limits are as follows: It shall be unlawful for any person to knowingly place, set or fish in the tidal waters or coastal area of Virginia any amount of hard crab pots that exceeds that person's licensed crab pot limit, which are as follows:
1. Up to 85 100 crab pots.
2. Up to 127 150 crab pots.
3. Up to 170 200 crab pots.
4. Up to 255 300 crab pots.
5. Up to 425 500 crab pots.
C. It shall be unlawful for any person to knowingly place, set or fish any amount of crab pots that exceeds that person's crab pot limit, as described in subsection B of this section. It shall be unlawful for any person to place, set or fish or attempt to place, set or fish more than 300 hard crab pots in the tributaries of the mainstream Chesapeake Bay or the Potomac River tributaries.
A. Any barrel used by a harvester to contain or possess any amount of crabs will be equivalent in volume to no more than three bushels of crabs.
B. From July 5, 2025, through October 31, 2025, and May 16, 2026, through July 4, 2026, any commercial fisherman registration licensee legally licensed for any hard crab pot license, as described in 4VAC20-270-50 B, shall be limited to the following maximum daily harvest and possession limits for any of the following hard crab pot license categories:
1. 10 bushels, or three barrels and one bushel, of crabs if licensed for up to 85 100 crab pots.
2. 14 bushels, or four barrels and two bushels, of crabs if licensed for up to 127 150 crab pots.
3. 18 bushels, or six barrels, of crabs if licensed for up to 170 200 crab pots.
4. 29 bushels, or nine barrels and two bushels, of crabs if licensed for up to 255 300 crab pots.
5. 47 bushels, or 15 barrels and two bushels, of crabs if licensed for up to 425 500 crab pots.
C. From November 1, 2025, through December 20, 2025, and March 17, 2026, through May 15, 2026, any commercial fisherman registration licensee legally licensed for any hard crab pot license, as described in 4VAC20-270-50 B, shall be limited to the following maximum daily harvest and possession limits for any of the following crab pot license categories:
1. Eight bushels, or two barrels and two bushels, of crabs if licensed for up to 85 100 crab pots.
2. 11 bushels, or three barrels and two bushels, of crabs if licensed for up to 127 150 crab pots.
3. 14 bushels, or four barrels and two bushels, of crabs if licensed for up to 170 200 crab pots.
4. 22 bushels, or seven barrels and one bushel, of crabs if licensed for up to 255 300 crab pots.
5. 36 bushels, or 12 barrels, of crabs if licensed for up to 425 500 crab pots.
D. When a single harvester or multiple harvesters are on board any vessel, that vessel's daily harvest and possession limit shall be equal to only one daily harvest and possession limit, as described in subsections B and C of this section, and that daily limit shall correspond to the highest harvest and possession limit of only one licensee on board that vessel.
E. When transporting or selling one or more legal crab pot licensee's crab harvest in bushels or barrels, any agent shall possess either the crab pot license of that one or more crab pot licensee or a bill of lading indicating each crab pot licensee's name, address, commercial fisherman registration license number, date, and amount of bushels or barrels of crabs to be sold.
F. If any police officer finds crabs in excess of any lawful daily bushel, barrel, or vessel limit, as described in this section, that excess quantity of crabs shall be returned immediately to the water by the licensee who possesses that excess over lawful daily harvest or possession limit. The refusal to return crabs, in excess of any lawful daily harvest or possession limit, to the water shall constitute a separate violation of this chapter.
G. When any person on board any boat or vessel possesses a crab pot license, it shall be unlawful for that person or any other person aboard that boat or vessel to possess a seafood buyer's boat license and buy any crabs on any day.
The purpose of this chapter is to protect and conserve the blue crab resource by controlling fishing effort by establishing additional limits on the number of crab pots that can be set or fished.
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Coastal area" means the area that includes Back Bay and Virginia's portion of the territorial sea, plus all of the creeks, bays, inlets, and tributaries on the seaside of Accomack County, Northampton County (including areas east of the causeway from Fisherman Island to the mainland), and the City of Virginia Beach (including federal areas and state parks, fronting on the Atlantic Ocean and east and south of the point where the shoreward boundary of the territorial sea joins the mainland at Cape Henry).
"Mainstem Chesapeake Bay" means all tidal waters westward of the shoreward boundary of Virginia's portion of the federal territorial sea, exclusive of the tributaries of the Chesapeake Bay and Potomac River.
"Potomac River tributaries" means all the tributaries of the Potomac River that are within Virginia's jurisdiction beginning with, and including, Flag Pond thence upstream to the District of Columbia boundary.
"Tributaries of the mainstem Chesapeake Bay" means those waters outside of the mainstem of the Chesapeake Bay but westward of the shoreward boundary of Virginia's portion of the federal territorial sea.
A. It shall be unlawful for any person to place, set or fish more than 255 hard crab pots in the tributaries of the mainstem Chesapeake Bay or the Potomac River tributaries.
B. It shall be unlawful for any person to place, set or fish more than 425 hard crab pots in the mainstem Chesapeake Bay or coastal area.
C. It shall be unlawful for any person to place, set or fish more than 425 hard crab pots in Virginia tidal waters.
D. It shall be unlawful for any person to take or catch hard crabs or peeler crabs using any type of pot other than a licensed hard crab pot or peeler pot except as provided in § 28.2-226 of the Code of Virginia.
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.
The following listing of license fees applies to any person who purchases a license for the purpose of harvesting for commercial purposes or fishing for recreational purposes during any calendar year. The fees listed below include a $1.00 agent fee.
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1. COMMERCIAL LICENSES |
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Commercial Fisherman Registration License |
$190.00 |
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Commercial Fisherman Registration License for a person 70 years of age or older |
$90.00 |
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Delayed Entry Registration |
$190.00 |
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Delayed Entry Registration License for a person 70 years of age or older |
$90.00 |
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Seafood Landing License for each boat or vessel |
$175.00 |
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For each Commercial Fishing Pier over or upon subaqueous beds (mandatory) |
$83.00 |
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Seafood Buyer's License -- For each boat or motor vehicle |
$63.00 |
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Seafood Buyer's License -- For each place of business |
$126.00 |
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Clam Aquaculture Product Owner's Permit |
$10.00 |
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Oyster Aquaculture Product Owner's Permit |
$10.00 |
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Clam Aquaculture Harvester's Permit |
$5.00 |
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Oyster Aquaculture Harvester's Permit |
$5.00 |
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Nonresident Harvester's License |
$444.00 |
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2. OYSTER RESOURCE USER FEES |
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Any licensed commercial fisherman harvesting oysters by hand |
$50.00 |
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For any harvester using one or more gear types to harvest oysters or for any registered commercial fisherman who solely harvests or possesses any bushel limit described in 4VAC20-720-80, only one oyster resource user fee per year shall be paid |
$300.00 |
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On any business shucking or packing no more than 1,000 gallons of oysters |
$500.00 |
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On any business shucking or packing more than 1,000 but no more than 10,000 gallons of oysters |
$1,000.00 |
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On any business shucking or packing more than 10,000 but no more than 25,000 gallons of oysters |
$2,000.00 |
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On any business shucking or packing more than 25,000 gallons of oysters |
$4,000.00 |
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On any oyster buyer using a single truck or location |
$100.00 |
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On any oyster buyer using multiple trucks or locations |
$300.00 |
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Commercial aquaculture operation, on riparian assignment or general oyster planting grounds |
$50.00 |
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3. OYSTER HARVESTING, SHUCKING, RELAY, AND BUYERS LICENSES |
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Any person purchasing oysters caught from the public grounds of the Commonwealth or the Potomac River, for a single place of business with one boat or motor vehicle used for buying oysters |
$50.00 |
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Any person purchasing oysters caught from the public grounds of the Commonwealth or the Potomac River, for a single place of business with multiple boats or motor vehicles used for buying oysters |
$100.00 |
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For each person taking oysters by hand, or with ordinary tongs |
$10.00 |
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For each single-rigged patent tong boat taking oysters |
$35.00 |
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For each double-rigged patent tong boat taking oysters |
$70.00 |
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Oyster Dredge Public Ground |
$50.00 |
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Oyster Hand Scrape |
$50.00 |
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To shuck and pack oysters, for any number of gallons under 1,000 |
$12.00 |
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To shuck and pack oysters, for 1,000 gallons, up to 10,000 |
$33.00 |
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To shuck and pack oysters, for 10,000 gallons, up to 25,000 |
$74.00 |
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To shuck and pack oysters, for 25,000 gallons, up to 50,000 |
$124.00 |
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To shuck and pack oysters, for 50,000 gallons, up to 100,000 |
$207.00 |
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To shuck and pack oysters, for 100,000 gallons, up to 200,000 |
$290.00 |
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To shuck and pack oysters, for 200,000 gallons or over |
$456.00 |
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To relay condemned shellfish from a general oyster planting ground |
$150.00 |
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4. BLUE CRAB HARVESTING AND SHEDDING LICENSES, EXCLUSIVE OF CRAB POT LICENSES |
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For each person taking or catching crabs by dip nets |
$13.00 |
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For ordinary trotlines |
$13.00 |
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For patent trotlines |
$51.00 |
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For each single-rigged crab-scrape boat |
$26.00 |
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For each double-rigged crab-scrape boat |
$53.00 |
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For up to |
$36.00 |
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For up to 20 tanks and floats for shedding crabs |
$9.00 |
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For more than 20 tanks or floats for shedding crabs |
$19.00 |
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For each crab trap or crab pound |
$8.00 |
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5. CRAB POT LICENSES |
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For up to 85 crab pots |
$48.00 |
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For over 85 but not more than |
$79.00 |
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For over 127 but not more than |
$79.00 |
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For over 170 but not more than |
$79.00 |
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For over 255 but not more than |
$127.00 |
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6. HORSESHOE CRAB, LOBSTER, AND SHRIMP LICENSES |
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For each person harvesting horseshoe crabs by hand |
$16.00 |
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For each boat engaged in fishing for or landing of lobster using less than 200 pots |
$41.00 |
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For each boat engaged in fishing for or landing of lobster using 200 pots or more |
$166.00 |
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For each person commercial shrimp trawling |
$100.00 |
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7. CLAM HARVESTING LICENSES |
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For each person taking or harvesting clams by hand, rake, or with ordinary tongs |
$24.00 |
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For each single-rigged patent tong boat taking clams |
$58.00 |
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For each double-rigged patent tong boat taking clams |
$84.00 |
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For each boat using clam dredge (hand) |
$19.00 |
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For each boat using clam dredge (power) |
$44.00 |
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For each boat using hydraulic dredge to catch soft shell clams |
$83.00 |
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For each person taking surf clams |
$124.00 |
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Water Rake Permit |
$24.00 |
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8. CONCH (WHELK) HARVESTING LICENSES |
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For each boat using a conch dredge |
$58.00 |
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For each person taking channeled whelk by conch pot |
$51.00 |
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9. FINFISH HARVESTING LICENSES |
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Each pound net |
$41.00 |
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Each stake gill net of 1,200 feet in length or under, with a fixed location |
$24.00 |
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All other gill nets up to 600 feet |
$16.00 |
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All other gill nets over 600 feet and up to 1,200 feet |
$24.00 |
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Extended drift gill net up to 6,000 feet |
$100.00 |
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Each person using a cast net or throw net or similar device |
$13.00 |
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Each fyke net head, weir, or similar device |
$13.00 |
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For fish trotlines |
$19.00 |
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Each person using or operating a fish dip net |
$9.00 |
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On each haul seine used for catching fish, under 500 yards in length |
$48.00 |
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On each haul seine used for catching fish, from 500 yards in length to 1,000 yards in length |
$146.00 |
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For each person using commercial hook and line |
$31.00 |
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For each person using commercial hook and line for catching striped bass only |
$31.00 |
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For up to 100 fish pots |
$19.00 |
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For over 100 but not more than 300 fish pots |
$24.00 |
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For over 300 fish pots |
$62.00 |
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For up to 100 eel pots |
$19.00 |
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For over 100 but not more than 300 eel pots |
$24.00 |
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For over 300 eel pots |
$62.00 |
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For each person electrofishing catfish |
$100.00 |
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10. MENHADEN HARVESTING LICENSES Any person purchasing more than one of the following licenses, as described in this subsection, for the same vessel shall pay a fee equal to that for a single license for the same vessel. |
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On each boat or vessel under 70 gross tons fishing for the purse seine menhaden reduction sector |
$249.00 |
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On each vessel 70 gross tons or over fishing for the purse seine menhaden reduction sector |
$996.00 |
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On each boat or vessel under 70 gross tons fishing for the purse seine menhaden bait sector |
$249.00 |
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On each vessel 70 gross tons or over fishing for the purse seine menhaden bait sector |
$996.00 |
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11. COMMERCIAL GEAR FOR RECREATIONAL USE |
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Up to five crab pots with a terrapin excluder device |
$36.00 |
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Up to five crab pots without a terrapin excluder device |
$46.00 |
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Crab trotline (300 feet maximum) |
$10.00 |
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One crab trap or crab pound |
$6.00 |
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One gill net up to 300 feet in length |
$9.00 |
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Fish dip net |
$7.00 |
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Fish cast net |
$10.00 |
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Up to two eel pots |
$10.00 |
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12. SALTWATER RECREATIONAL FISHING LICENSE |
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Individual, resident (one year) |
$17.50 |
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Individual, resident (two years) |
$33.50 |
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Individual, resident (three years) |
$49.50 |
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Individual, resident (four years) |
$65.50 |
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Individual, nonresident (one year) |
$25.00 |
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Temporary 10-Day, resident |
$10.00 |
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Temporary 10-Day, nonresident |
$10.00 |
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Recreational boat, resident |
$48.00 |
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Recreational boat, nonresident, provided a nonresident may not purchase a recreational boat license unless his boat is registered in Virginia |
$76.00 |
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Head Boat/Charter Boat, resident, six or less passengers |
$190.00 |
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Head Boat/Charter Boat, nonresident, six or less passengers |
$380.00 |
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Head Boat/Charter Boat, resident, more than six passengers, plus $5.00 per person, over six persons |
$190.00 |
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Head Boat/Charter Boat, nonresident, more than six passengers, plus $5.00 per person, over six persons |
$380.00 |
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Rental Boat, resident, per boat, with maximum fee of $703 |
$14.00 |
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Rental Boat, nonresident, per boat, with maximum fee of $1270 |
$18.00 |
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Commercial Fishing Pier (Optional) |
$632.00 |
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Disabled Resident Lifetime Saltwater License |
$10.00 |
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Disabled Nonresident Lifetime Saltwater License |
$10.00 |
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Reissuance of Saltwater Recreational Boat License |
$5.00 |
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13. COMBINED SPORTFISHING LICENSE This license is to fish in all inland waters and tidal waters of the Commonwealth during open season. |
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Residents |
$39.50 |
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Nonresidents |
$71.00 |
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14. COMBINED SPORTFISHING TRIP LICENSE This license is to fish in all inland waters and tidal waters of the Commonwealth during open season for five consecutive days. |
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Residents |
$24.00 |
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Nonresidents |
$31.00 |
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15. TIDAL BOAT SPORTFISHING LICENSE |
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Residents |
$126.00 |
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Nonresidents |
$201.00 |
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16. LIFETIME SALTWATER RECREATIONAL FISHING LICENSES |
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Individual Resident Lifetime License |
$276.00 |
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Individual Nonresident Lifetime License |
$500.00 |
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Individual Resident Lifetime License 45 - 50 years of age |
$132.00 |
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Individual Nonresident Lifetime License 45 - 50 years of age |
$240.00 |
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Individual Resident Lifetime License 51 - 55 years of age |
$99.00 |
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Individual Nonresident Lifetime License 51 - 55 years of age |
$180.00 |
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Individual Resident Lifetime License 56 - 60 years of age |
$66.00 |
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Individual Nonresident Lifetime License 56 - 60 years of age |
$120.00 |
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Individual Resident Lifetime License 61 - 64 years of age |
$35.00 |
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Individual Nonresident Lifetime License 61 - 64 years of age |
$60.00 |
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Individual Resident Lifetime License 65 years of age and older |
$5.00 |