Seal

REGULATIONS
Vol. 35 Iss. 2 - September 17, 2018

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).

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

Effective Date: January 1, 2019.

Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dgif.virginia.gov.

Summary:

The amendments (i) remove the size limit on spotted and largemouth bass and increase the size limit for smallmouth bass for Claytor Lake; (ii) impose a 20-inch minimum size limit for smallmouth bass and a one fish per day creel limit for trophy smallmouth bass in the Levisa Fork River in Buchanan County; (iii) change the minimum length limit from October 1 to May 31 for striped bass for Buggs Island (Kerr) Reservoir, Staunton River to Leesville Dam, and Dan River to Union Street Dam to 20 inches; (iv) for September 16 through June 30, set the minimum size limit at 20 inches and the creel limit as two fish per day and for July 1 through September 15 remove the size limit and set the creel limit to four fish per day for striped bass for Claytor Lake and its tributaries; (v) set a 14-inch minimum length limit and a 10 fish per day creel limit for white bass for Buggs Island (Kerr) Reservoir, Staunton River to Leesville Dam, and Dan River to Union Street Dam; (vi) establish a nine-inch minimum length limit for crappie for Buggs Island (Kerr), Briery Creek, and Sandy River Reservoirs; (vii) revise the current creel limit for rock bass to be 25 per day in aggregate with Roanoke bass, revise the current creel limit for Roanoke bass to be 25 per day in aggregate with rock bass, and add the Blackwater River in Franklin County, Falling River, and Smith River to the rivers and tributaries where the daily limit is five rock bass and Roanoke bass in aggregate and the minimum length limit is eight inches; (viii) limit blue catfish greater than 32 inches harvested from Lake Gaston to one per day; and (ix) modify American shad creel and length limits to adhere to The Atlantic State Marine Fisheries Commission Interstate Fishery Management Plan for American Shad, which prohibits harvest of American shad in states where there is currently no sustainable management plan implemented.

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

Nosmallmouth bass less than1214 inches; 15 spotted bass per day

 

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

 

SmithMt.Mountain 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 TazewellcountiesCounties

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

 

Levisa Fork River – within the boundaries Buchanan County

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 Norfolk Southern Railroad Bridge downstream to the New River, and Wolf Creek from the NarrowsdamDam 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.County ] 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, CharlotteCo.County

Only 2 of 5 bass less than 14 inches

 

Shenandoah River –

 

 

Confluence of South Fork and North Fork [ riversRivers ], 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 bassx- white bass hybrids

4 per day in the aggregate;

No fish less than 20 inches

Buggs Island (Kerr)reservoirReservoir, 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;Nono striped bass or hybrid striped bass less than2420 inches [ ; ]

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

 

Claytor Lake and its tributaries

September 16 – June 30: 2 per day in the aggregate; no striped bass or hybrid bass less than 20 inches

July 1 – September 15: 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

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

10 per day; no white bass less than 14 inches

 

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)reservoirsReservoirs

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 Claytor Dam, including Claytor Lake

1 per day;Nono 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 muskellunge 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)reservoirsReservoirs 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

Lake Gastonand 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

 

Buggs Island (Kerr) Reservoir

No crappie less than 9 inches

 

Briery Creek and Sandy River Reservoirs

No crappie less than 9 inches

 

Flannagan and South HolstonreservoirsReservoirs

No crappie less than 10 inches

 

rock bass (redeye)

 

25 per day; in the aggregate with Roanoke bass

No statewide length limits

Gaston and Buggs Island (Kerr)reservoirsReservoirs 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

 

Nottowayand, Meherrinrivers,Blackwater (Franklin County), Falling, and Smith Rivers and their tributaries

5 per day in the aggregate with Roanoke bass;

Nono rock bass less than 8 inches

 

Roanoke bass

 

No statewide daily limit; 25 per day in the aggregate with rock bass

No statewide length limits

Nottowayand, Meherrinrivers,Blackwater (Franklin County), Falling, and Smith Rivers and their tributaries

5 per day in the aggregate with rock bass;

Nono 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;

No statewide length limits

Lake Gaston

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

 

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 line other than the James River and its tributaries and the York River and its tributaries

No daily limit

 

yellow, brown, and black bullheads

No daily limit;
No length limits

 

 

 

American shad and hickory shad

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 Commissionfor these species in tidal rivers

 

 

 
 

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

10 per dayin the aggregate

No length limits

 

 

 

American shad

  

No possession

 

 

 

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 NorthwestriversRivers, 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.

 

 
VA.R. Doc. No. R18-5497; Filed August 27, 2018, 10:23 a.m.