boundaries of chesapeake sanctuary

[BenoitBalls22]

I know that starting june 1st you can't place pots in the sanctuary area... does anyone have any idea where that area actually is? Especially interested in the lower chessy... little creek/lynnhaven area.

[Burchbeer]

BenoitBalls (Nice handle btw)

I have not heard of the Sanctuary you are talking about.
Educate me Board members.

[Jack1747]

http://www.blue-crab.org/forum/index.php/topic,3083.0.html

last reply in the thread

[Tom Powers]

It gets goofy. Actually there are two sancturaries. Combined they are shown at:

http://www.mrc.state.va.us/crab_sanctuary.pdf

The lower bay sancturary is actually open year round to recreational crabbing. This area includes bay the beaches in Ocean View and Virginia Beach. Basically, the lower bay area goes from Harrisons fishing pier to Thible Shoals light to Cape Charles light house (on Smith Island) to Cape Henry light house along the beach to Harrison's fishing pier. It also includes waters out 200 feet from Ocean View Beach to the end of the HRBT. This is because state code specifically says "catch crabs for resale".

I have been trying to get them to fix this wording in the regulation for several years. I will keep after them.

Below is more than you probably want to read.

Tom

It is defined in regulation as follows:

4 VAC 20-752-20. Definitions.

"Hampton Roads Blue Crab Sanctuary" means that area consisting of all tidal waters inshore and upstream of a line formed by the extreme south and north ends of the westbound span of the Hampton Roads Bridge Tunnel.

"Virginia Blue Crab Sanctuary" means two distinct sanctuary areas, with one area consisting of all tidal waters which are bounded by a line beginning at a point, near the western shore of Fisherman's Island, being on a line from the Cape Charles Lighthouse to the Thimble Shoal Light, having NAD83 geographic coordinates of 37º 05' 58.00" N, 75º 58' 45.95" W; thence southwesterly to Thimble Shoal Light, 37º 00' 52.19" N, 76º 14' 24.63" W; thence southwesterly to the offshore end of Harrison's Fishing Pier, 36º 57' 44.98" N, 76º 15' 31.76" W; thence north to Flashing Green Buoy "9" on the York River Entrance Channel, 37º 11' 30.99" N, 76º 15' 16.85" W; thence northeasterly to Wolf Trap Light, 37º 23' 27.15" N, 76º 11' 46.01" W; thence northwesterly to a point, northeast of Windmill Point, 37º 38' 23.13" N, 76º 15' 59.54" W; thence northerly to a point due east of Great Wicomico Light at 37º 48' 15.72"N, 76º 14' 33.15" W; thence northeasterly to a point, 37º 49' 18.10" N, 76º 13' 06.00" W; thence northerly to a point on the Virginia-Maryland State line, 37º 54' 04.00" N, 76º 11' 49.15" W; thence northeasterly to a point on the Virginia - Maryland State Line, 37º 55' 44.82" N, 76º 07' 13.41" W; thence southeasterly to a point, southwest of Tangier Island, 37º 44' 59.85" N, 76º 01' 34.31" W; thence southeasterly to a point, southeast of Tangier Island, 37º 43' 41.05" N, 75º 57'51.84" W; thence northeasterly to a point, south of Watts Island, 37º 45' 36.95" N, 75º 52' 53.87" W; thence southeasterly to a point, 37º 44' 56.15" N, 75º 51' 33.18" W; thence southwesterly to a point, west of Parkers Marsh, 37º 42' 41.49" N, 75º 55' 06.31" W; thence southwesterly to a point, west of Cape Charles Harbor, 37º 15' 37.23" N, 76º 04' 13.79" W; thence southeasterly to a point near the western shore of Fisherman's Island, on the line from Cape Charles Lighthouse to Thimble Shoal Light, said point being the point of beginning, and a second area consisting of all tidal waters which are bounded by a line beginning at Cape Charles Lighthouse, having NAD83 geographic coordinates of 37º 07' 31.63" N, 75º 53' 58.36" W; thence southwesterly to Cape Henry Lighthouse, 36º 55' 42.02" N, 76º 00' 18.44" W; thence southeasterly to a point, 36º 54' 42.39" N, 75º 56' 44.23" W; thence northeasterly to a point, east of Cape Charles Lighthouse 37º 06' 45" N, 75º 52' 05" W; thence westerly to the Cape Charles Lighthouse, said point being the point of beginning.

4 VAC 20-752-30. Harvest restrictions.

A. It shall be unlawful for any person to dredge for crabs within the Hampton Roads Blue Crab Sanctuary at any time.

B. It shall be unlawful for any person to conduct commercial or recreational crabbing within the Virginia Blue Crab Sanctuary from June 1 through September 15.

Then you have a section that says that It is legal to recreationally crab in the lower bay sancturary

4 VAC 20-670-30. GEAR RESTRICTIONS {recreational use of commercial gear}. section C. Any law or chapter applying to the setting or fishing of commercial gill nets, cast nets, dip nets, crab pots, crab traps or crab trot lines shall also apply to the gear licensed under this chapter when set or fished for recreational purposes, except that: 1) certain commercial gear used for recreational purposes shall be marked in accordance with the provisions described in section 4 VAC 20-670-40, 2) the daily time limits for commercial crab potting and peeler potting established in Regulation 4 VAC 20-270-30 shall not apply to the setting and fishing of recreational crab pots licensed under this chapter., and 3) the closed season and area established in Section 28.2-709 of the Code of Virginia shall not apply to the setting and fishing of recreational crab pots licensed under this chapter.

The lower bay sancturary is spelled out in state code as follows:

§ 28.2-709. Closed season for taking crabs in certain area; penalty.

It is unlawful for any person to take or catch crabs for resale from the following area from June 1 through September 15. Ownership of a current license to take or catch crabs shall be prima facie evidence that such taking or catching of crabs was for resale. The limits of the area are defined as follows:

Beginning at the point of origin of the center line of the Hampton Roads Bridge Tunnel facility where such facility commences in the City of Norfolk, Virginia, and following the shoreline in a general easterly direction, and also extending 200' out from the mean low-water mark of such shoreline into the Chesapeake Bay, to Harrison's fishing pier, Ocean View, and thence in a general northerly direction to Thimble Shoal Lighthouse; thence running in approximately a northeasterly direction to Cape Charles Lighthouse, located on Smiths Island; and thence in approximately a southwestern direction to Cape Henry Lighthouse, and bounded by the shoreline; and thence following the shoreline in a general westerly direction back to the point of beginning.

[BenoitBalls22]

oh , so the recreational guys don't have to worry about that stuff at all... excellent.

[Tom Powers]

no no no no.

It means that the recreational guys don't have to worry in the waters south and east of a line between Thimble Shoals light and the Cape Charles light on Smith Island. North and west of that line NO ONE can crab in the deeper waters. If you want that changed to only apply to commercial crabbers (which I think is perfectly reasonable) you need to take it up before the Commission.

Here is the goofy part. It is easy to say that you can not set crab pots in the deep water sancturary. However, say you are fishing for flounder at the hump (which is clearly in the deep water sancturary) and a crab happens to chomp onto your minnow and squid, legally you can not bring that crab into the boat. Who is going ot enforce that?

Tom