TITLE 4. CONSERVATION AND NATURAL RESOURCES
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.
Title of Regulation: 4VAC20-1420. Pertaining to Atlantic Tarpon (adding 4VAC20-1420-10 through 4VAC20-1420-50).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: June 1, 2026.
Agency Contact: Benjamin Foster, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23551, telephone (757) 709-9277, or email benjamin.foster@mrc.virginia.gov.
Summary:
The amendments (i) prohibit harvest of Atlantic tarpon by either recreational or commercial anglers and (ii) establish the mandatory use of circle hooks when fishing with bait to protect the migratory population of tarpon that annually frequent Virginia territorial waters.
Chapter 1420
Pertaining to Atlantic Tarpon
4VAC20-1420-10. Purpose.
The purpose of this chapter is to control the harvest of and minimize the negative impacts to the migratory Atlantic tarpon that enter Virginia's territorial waters.
4VAC20-1420-20. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Atlantic tarpon" means any fish of the species Megalops atlanticus.
"Bait" means any whole or part of any marine or aquatic organism, live or dead.
"Circle hook" means a non-offset, non-stainless steel hook with the point turned sharply and straight back toward the shank.
"Fishing recreationally" means fishing by any person, whether licensed or exempted from licensing, where the catch is not intended for sale, barter, trade, or any commercial purpose.
"Gaff" means to utilize a hooked, metal rod to pierce the body of a fish to better facilitate bringing the fish on board a vessel.
"Spear" means to fish while the person is fully submerged under the water's surface with a mechanically aided device designed to accelerate a barbed spear.
4VAC20-1420-30. Concerning recreational fishing: general.
A. It shall be unlawful for any person fishing recreationally to possess Atlantic tarpon at any time. Any Atlantic tarpon caught must remain in the water. No Atlantic tarpon may be removed from the water at any time.
B. It shall be unlawful for any person fishing recreationally to gaff or attempt to gaff an Atlantic tarpon.
C. It shall be unlawful for any person fishing recreationally to spear or attempt to spear an Atlantic tarpon.
D. Any person fishing recreationally for Atlantic tarpon shall use non-offset, corrodible, non-stainless steel circle hooks when fishing with bait.
4VAC20-1420-40. Commercial fishery prohibition.
It shall be unlawful for any person to take, harvest, land, or possess Atlantic tarpon for commercial purposes, including being offered or intended for sale, barter, or trade, at any time. Any Atlantic tarpon caught by commercial gear shall be returned to the water immediately.
4VAC20-1420-50. Penalty.
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.
VA.R. Doc. No. R26-8651; Filed May 27, 2026