REGULATIONS
Vol. 33 Iss. 10 - January 09, 2017

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

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.

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

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

Effective Date: January 1, 2017.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.

Summary:

The amendments (i) correctly identify the railroad bridge over Big Walker Creek associated with the New River smallmouth bass protected slot limit; (ii) create a seasonal 40-inch to 48-inch protected slot limit on muskellunge on the New River from Claytor Dam downstream to the Virginia/West Virginia state line; (iii) reduce the geographic coverage associated with the limitation on harvesting large animals in the daily creel limit for blue catfish to the James River below the fall line and its tidal tributaries, the York River and its tributaries including the Mattaponi River and Pamunkey River, and Kerr Reservoir; (iv) implement a five-fish per day creel limit on longnose gar and bowfin for anglers using hook and line or bowfishing tackle; (v) implement a statewide recreational minimum size limit and increase the daily creel limit for American eels, while providing an exception to the daily creel limit to those individuals holding permits for the harvest of eels for sale from Back Bay or North Landing River, or both, in the City of Virginia Beach; (vi) remove the requirement of a special daily permit for fishing on a portion of Big Tumbling Creek on the Clinch Mountain Wildlife Management Area (Smyth County) where a seasonal catch and release area will be implemented effective January 1, 2018; and (vii) incorporate an amendment pertaining to American shad and hickory shad that was adopted by the board in 2014.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

 

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 less than 20 inches, only 1 bass per day longer than 20 inches

Dan River and tributaries 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 tributaries Little River downstream from Little River Dam in Montgomery County, Big Walker Creek from the Norfolkand WesternSouthern 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 22 inches, only 1 per day longer than 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 30 to 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 tothe VA - WV state lineClaytor Dam, including Claytor Lake

1 per day

No muskellunge less than 42 inches

New River - Claytor Dam downstream to the VA - WV state line

1 per day

June 1 - last day of February: No muskellungeless than 42 40 to 48 ] inches;

March 1 - May 31: No muskellunge less than 48 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;

No statewide length limits

Kerr Reservoir

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

James River and its tributaries below the fall line and York River and its tributaries (including the Pamunkey River and Mattaponi River) below the fall line

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

All rivers below the fall lineother than the James River and its tributaries and the York River and its tributaries

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)

 

 

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

 

 

longnose gar

 

5 per day;

No statewide length limits

 

 

bowfin

 

5 per day;

No statewide length limits

 

 

American eel

 

25 per day;

No eel less than 9 inches

Back Bay and North Landing River

No possession limit for those individuals possessing a permit obtained under 4VAC15-340-80

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.

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

A. It shall be unlawful to fish in the portion of Big Tumbling Creek within 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 that shall be signed and carried by the person fishing.

B. This fee will be required from the first Saturday in April through September 30 at for the portion of Big Tumbling Creek within the 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 Douthat State Park Lake, Wilson Creek, and the Crooked Creek fee fishing area in Carroll County will revert to designated stocked trout waters and a trout license will be required except as provided in 4VAC15-20-190, andbeginning on January 1, 2018, ] the portion of Big Tumbling Creek within the Clinch Mountain Wildlife Management Area will revert to a seasonal catch and release area subject to 4VAC15-330-150. No fishing is permitted in these waters for five days preceding the opening day.

C. Upon payment of the daily use fee the department shall issue a special permit that shall be signed and carried by the person fishing.

D. 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.

E. 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 younger may fish without the daily use fee if accompanied by a fully licensed adult who has purchased a valid daily permit. No person older than 12 years of age may fish in these children-only areas. Also, children 12 years of age and younger can fish without a permit in 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 child or 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.

VA.R. Doc. No. R16-4797; Filed December 20, 2016, 3:14 a.m.