4 Va. Admin. Code § 20-890-40 - Gear restrictions
A. It shall
be unlawful for any person to possess channeled whelk harvested from Virginia
waters by any means other than by hand, licensed conch dredge, licensed crab
dredge, or licensed channeled whelk pot, except as described in
4VAC20-890-50.
B. Except as provided in subsection C of this
section, it shall be unlawful for any person to place, set, or fish, or attempt
to place, set, or fish any channeled whelk pot that does not contain a bait
bag.
C. Any person not utilizing
horseshoe crabs as bait for channeled whelk shall be exempt from the provisions
of subsection B of this section, provided that the possession of any quantity
of horseshoe crabs on board the vessel of such person shall constitute prima
facie evidence of a violation of this chapter. Further, the presence of any
quantity of horseshoe crab in any channeled whelk pot not equipped with a bait
bag shall constitute prima facie evidence of a violation of this
chapter.
D. It shall be unlawful
for any person to place, set, or fish or attempt to place, set, or fish any
channeled whelk pot that exclusively contains more than either one-half of a
female horseshoe crab or one male horseshoe crab, in whole or in
parts.
E. It shall be unlawful for
any person to land, attempt to land, or possess channeled whelk that were
harvested by pots that do not meet the provisions of this chapter.
Notes
Statutory Authority: § 28.2-201 of the Code of Virginia.
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