General Regulations for Harvesting Fish

To harvest or collect fish using any of the methods listed in this section, a freshwater fishing license is required in Virginia. Additionally, it's important to adhere to the following regulations:

• It is unlawful to take, possess, import, cause to be imported, export, cause to be exported, buy, sell, offer for sale, or liberate within the Commonwealth any wild animal unless specifically permitted by law or regulation.

• Native or naturalized albino reptiles, native or naturalized albino amphibians, and domestic animals may be imported, possessed, and sold as permitted by law.

• A list of domestic animals and the Department’s official listing of “Native and Naturalized Fauna of Virginia” is available at www.virginiawildlife.gov/wildlife/wildlife-information.

Possession Limits for Fish and Aquatic Species

When harvesting fish and aquatic species in Virginia, it's important to adhere to the following possession limits:

Personal Use & Not For Sale

• Native or Naturalized (Reptile or Amphibian): 1 per residency, not listed in Virginia’s 2015 Wildlife Action Plan.

• Nongame Fish and Aquatic Invertebrates: 20 per person.

Exceptions:

• No possession allowed for: Threatened and endangered species, freshwater mussels, candy darter, eastern hellbender, diamondback terrapin, and spotted turtle.

• No possession limits for: Carp, mullet, yellow bullhead, brown bullhead, black bullhead, snail bullhead, white sucker, northern hogsucker, gizzard shad, threadfin shad, white perch, yellow perch (10 fish limit in Lake Moomaw), alewife and blueback herring, stoneroller (hornyhead), fathead minnow, golden shiner, goldfish, and Asian clams.

• Fish Bait (Minnows, Chubs, Hellgrammites): 50 in aggregate (all species combined) unless purchased with a receipt specifying the number of individuals purchased by species. Crayfish limit is 20 in aggregate. Note: Madtoms, crayfish, and salamanders cannot be bought or sold.

• Bullfrogs: 15 per day.

• Snapping Turtles: 5 per day, only from June 1 to September 30, with a minimum curved-line carapace length of 13 inches. Cannot be taken from the banks or waters of designated stocked trout waters.

Liberation of Native Amphibians and Reptiles

• Native amphibians and reptiles captured within the Commonwealth and possessed live for private use and not for sale may be liberated under certain conditions:
  • Period of captivity does not exceed 30 days.
  • Animals must be liberated at the site of capture.
  • Animals must have been housed separately from other wild-caught and domestic animals.
  • Animals showing signs of disease, illness, or injury during captivity may not be released.

Legal Methods for Capturing or Taking Fish and Aquatic Species

In Virginia, there are specific methods permitted for capturing or taking fish and aquatic species. Here are the guidelines:

General Methods:

• Hand
• Hook and line
• Seine (not exceeding 4 feet in depth by 10 feet in length)
• Umbrella-type net (not exceeding 5 by 5 feet square)
• Small minnow traps (throat openings no larger than 1 inch in diameter)
• Cast nets
• Handheld bow nets (diameter not exceeding 20 inches, handle length not exceeding 8 feet)

Additional Methods:

• Gill Net Use: Allowed for taking gizzard shad and white perch from below the fall line in tidal rivers of the Chesapeake Bay, following Virginia Marine Resources Commission regulations.

• Bullfrog Harvesting: Permitted by gigging, bow and arrow, or firearms (no larger than .22 caliber rimfire) from private waters. Requires a hunting license.

• Snapping Turtle Harvesting: Allowed for personal use with hoop nets (not exceeding 6 feet in length, throat opening not exceeding 36 inches). Taking turtles by hook and line requires a fishing license.

Restrictions and Prohibited Methods:

• SCUBA Use: It is illegal to use SCUBA gear for fishing.

• Trotlines, Juglines, Set Poles (Limb Lines): Certain restrictions apply, including not baiting with live bait in specific waters. Equipment must be clearly marked and checked daily.

• Bow and Arrow Use: Permitted for certain species during day and night hours, except from waters stocked with trout. Bowfin and catfish may be taken in tidal waters. Spearguns and poisoned arrows are prohibited.

• Snagging, Grabbing, Snaring, Gigging, and Use of Striking Iron: Legal methods in specific counties and waters during designated seasons. Creel limits apply.

• Dip Nets: Allowed for taking shad, herring, mullet, and suckers, with certain restrictions. Dip net permits or valid fishing licenses are required.

• Herring Possession: Possession of river herring in tidal waters is banned to comply with regulations due to stock collapse.

• Suckers Taken with Dip Nets: Limit of 20 per day during the season (February 15–May 15). Dip nets must not exceed 6 feet square.

• Nets and Seines: Prohibited in designated stocked trout waters, Department-owned or controlled lakes, and certain specified waters. Complex regulations apply; contact DWR regional office for details.

Restricted Areas and Species in Virginia

Virginia imposes restrictions on certain areas and species to protect wildlife and maintain ecological balance. Here are the key regulations:

Designated Stocked Trout Waters:

• Harvest Restrictions: Only hook and line fishing is permitted for nongame fish in designated stocked trout waters between October 1 and June 15.

Mollusks:

• Spiny Riversnail: It is illegal to take the spiny riversnail (Io fluvialis) in the Tennessee drainage in Virginia, including Clinch, Powell, and the North, South, and Middle Forks of the Holston rivers and their tributaries.

• Mussels: Taking mussels from any inland waters in Virginia is prohibited.

Salamanders:

• Restricted Areas: It is unlawful to take salamanders in specific locations, including Grayson Highlands State Park and certain areas on National Forest lands in Grayson, Smyth, and Washington counties.

Regulation of Non-Native (Exotic) Animals

To manage non-native (exotic) species and protect local ecosystems, the Virginia Department of Wildlife Resources (DWR) enforces specific regulations:

Special Permit Requirements:

• Import, Possession, and Sale: A special permit is necessary for importing, possessing, or selling certain non-native amphibians, fish, mollusks, aquatic invertebrates, and reptiles. These include species such as giant or marine toad, piranhas, snakeheads, tilapia, and more.

Specific Guidelines:

• Snakehead Fish: Anglers can possess snakehead fish taken from Virginia waters but must immediately kill the fish and notify DWR.

• Alabama Bass: Anglers can possess live Alabama bass only in the water body where captured and cannot transport them alive. Harvested Alabama bass must be dead if transported from the capture location.

• Grass Carp: Harvesting grass carp from public inland waters is allowed, except from department-owned or controlled lakes. Harvested grass carp must be dead.

General Regulations:

• Other Non-Native Species: Non-native amphibians, fish, aquatic invertebrates, and reptiles not listed above can be possessed, purchased, and sold. However, they must comply with all relevant local, state, and federal laws, including those concerning threatened or endangered species. Additionally, these animals must not be released within Virginia.

Protection of Snakes

Under Virginia law, snakes are designated as nongame species and are protected under nongame regulations. While killing snakes is generally not allowed, exceptions exist under specific circumstances:

Nuisance Species Classification:

• Snakes can be taken (except for state or federally listed species) when classified as a “Nuisance species” (29.1-100).
• Instances include when snakes are causing or about to cause damage to agricultural or property, or when their presence poses a health hazard or nuisance.

Examples:

• If a blacksnake is found in a chicken coop, it can be legally killed.
• Similarly, if a copperhead is discovered in a garage, it can be legally killed.

Responsible Action:

• However, indiscriminately shooting snakes without a justifiable reason or imminent threat to human safety or livestock is unlawful.
• Snakes play vital roles in ecosystems as both predators and prey, and their conservation is integral to the Department's mission.