TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Final Regulation

Title of Regulation: 4VAC20-1360. Pertaining to Commercial Electrofishing (amending 4VAC20-1360-20, 4VAC20-1360-40).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: March 1, 2025.

Agency Contact: Zachary Widgeon, Director of Communications, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 414-0713, FAX (757) 247-2002, or email zachary.widgeon@mrc.virginia.gov.

Summary:

The amendments (i) remove size limits on blue catfish that can be taken using electrofishing, and (ii) clarify and expand the proximity to a pier or fixed fishing device within which electrofishing is allowed.

4VAC20-1360-20. Definitions.

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

"Agent" means any individual who possesses the Commercial Fisherman Registration License, fishing gear license, or fishing permit of any registered commercial fisherman in order to fish that commercial fisherman's gear or sell that commercial fisherman's harvest.

"Blue catfish" means any fish of the nonnative species Ictalurus furcatus.

"Commercial electrofishing fishery" means low-frequency electrofishing and subsequent harvest by any individual where the harvest is for sale, barter, trade, or any commercial purpose or is intended for sale, barter, trade, or any commercial purpose.

"Electrofishing" means a method by which fish are immobilized by an electrical field created by pulsing direct current at a frequency not above 15 Hz.

"Fixed fishing device" means any fishing device requiring the use of more than two poles or stakes that have been pushed or pumped into the bottom, to include only fyke nets, pound nets, staked gill nets, and crab traps.

"Flathead catfish" means any fish of the nonnative species Pylodictis olivaris.

"Harvest area" means the waters of (i) the mainstem of the James River, from the James River Bridge upstream to the southern point of Turkey Island; (ii) the mainstem of the Pamunkey River, from the Route 33 Eltham Bridge upstream to the mouth of Matadequin Creek; and (iii) the mainstem of the Rappahannock River, from the Route 360 Downing Bridge upstream to the Route 301 James Madison Memorial Bridge.

"Pier" means any noncommercial or commercial open pile or floating structure extending from the uplands channelward of mean low water.

"Snout" means the most forward projection from a fish's head that includes the upper and lower jaw.

"Total length" means the length of a fish measured from the most forward projection of the snout, with the mouth closed, to the tip of the longer lobe of the tail (caudal) fin, measured with the tail compressed along the midline, using a straight-line measure, not measured over the curve of the body.

4VAC20-1360-40. Prohibitions.

A. It shall be unlawful for any individual to harvest any fish immobilized by commercial electrofishing gear without possessing a Commercial Fisherman Registration License and Fish Dip Net License or a Commercial Electrofishing License.

B. It shall be unlawful for any individual in the commercial electrofishing fishery to: 1. Take take, harvest, or possess any species other than blue catfish or flathead catfish.

2. Take, harvest, or possess any blue catfish greater than 25 inches in total length, except that up to 12 blue catfish per trip may be between 25 and 28 inches in total length.

C. It shall be unlawful for any individual licensed under the provisions of 4VAC20-1360-30 to:

1. Fail to be onboard the electrofishing vessel when conducting commercial electrofishing.

2. Conduct commercial electrofishing from October 16 through April 30.

3. Conduct commercial electrofishing between 11:59 a.m. Friday and 12:01 a.m. Monday.

4. Conduct commercial electrofishing within 300 yards of any fixed fishing devices or within 100 yards of any other marked commercial fishing gear.

5. Conduct commercial electrofishing within the week prior to or during any local sampling conducted by the Virginia Department of Game and Inland Fisheries Wildlife Resources. The dates and locations of such sampling will be provided to licensees.

6. Fail to contact the Virginia Marine Resources Commission Operations Station toll free line at 1-800-541-4646 when intending to conduct commercial electrofishing within the following 24-hour period to report the specific location and estimated time of fishing.

7. Conduct commercial electrofishing in Virginia waters, except in the harvest area specified on the individual's Commercial Electrofishing License.

8. Conduct commercial electrofishing within 100 300 yards of any public boat ramp, fishing public or private pier, or where people are in the water, including such activities as swimming and diving.