A. Authorization to take fish for personal use. Pursuant to §§ 29.1-412 and 29.1-416 of the Code of Virginia, a permit to use a haul seine to take fish for personal use authorizes the holder of such permit to take nongame fish (except for those species listed in 4VAC15-20-130) with a haul seine for private table use, but not for sale in the counties of Franklin, Henry, and Patrick, and in those waters as specified in § 29.1-531 of the Code of Virginia in the county for which such permit is issued, except as otherwise prohibited in 4VAC15-320-100, 4VAC15-330-60, 4VAC15-330-20 (Repealed), and in waters listed in subsection F E of this chapter section.

B. Holder to be present when seine operated. The holder of a permit to take fish with a haul seine for personal use must be present when the seine is being operated but may have other persons to assist him who are not required to have a permit. However, those assisting the permittee or handling live fish or both must meet the fishing license requirements of the Commonwealth.

C. Length and size of haul seines. The length of a haul seine to take fish for personal use shall not be more than 60 feet in length. The minimum size of mesh shall be 1-½-inch bar mesh (3-inch stretch mesh).

D. Season to take fish with a haul seine. The season to take fish with a haul seine for personal use shall be from July 1 through September 30, both dates inclusive.

E. Department notification required to use a haul seine. Persons permitted to use a haul seine for personal use must notify the regional law-enforcement office a minimum of 48 hours prior to use.

F. E. Haul seine use restricted in certain areas. The use of haul seines for personal use is prohibited in the following stream sections of Franklin and Patrick counties:

FRANKLIN COUNTY

Roanoke River from County Route 634 crossing upstream to the Roanoke/Franklin County line.

PATRICK COUNTY

Smith River from Philpott Lake upstream including headwaters.

Rock Castle Creek from its confluence with Smith River upstream, including headwaters.

Dan River from VA/NC state line upstream to County Route 631 crossing.

Poorhouse Creek from its confluence with North Fork Mayo River upstream, including headwaters.

North Fork Mayo River from its confluence with Poorhouse Creek upstream.

A. Authorization to take fish with dip nets. A county dip net permit shall authorize the holder to take shad, herring, mullet, and suckers (daily creel (possession) limits for shad and herring are found in 4VAC15-320-25, there is no limit for mullet, and subsection D of this section provides limits for suckers), in the county named on the face of the permit with a dip net in inland waters, except where otherwise prohibited by local legislation or by the sections appearing in this chapter.

B. Persons required to have permit; inspection by conservation police officers. A dip net permit, or valid fishing license, shall be required for all persons using or assisting in the use of a dip net and permits, or licenses, shall be carried at all times while using such nets and shall be subject to inspection by conservation police officers.

C. Release of certain fish netted. All fish, except shad, herring, mullet, suckers, and carp, when taken with a dip net, shall be returned to the water alive with as little injury as possible.

D. Special provisions applicable only to suckers. The following special provisions shall apply only to the taking of suckers, with a dip net:

1. Not more than 20 may be taken by any person in one day;

2. The open season for taking same suckers with a dip net shall be from February 15 through May 15, both dates inclusive; and

3. Dip nets for taking such fish suckers shall not be more than six feet square.