4 Va. Admin. Code § 20-995-20

Current through Register Vol. 40, No. 22, June 17, 2024

Section 4VAC20-995-20 - Entry limitation; catch restrictions; transfers

A. The sale of commercial hook-and-line licenses shall be limited to registered commercial fishermen meeting either of the following two requirements, except as provided by subsection B of this section:

1. The fisherman shall possess a valid Commercial Fisherman Registration License and eligibility for the commercial hook-and-line license by reporting sales of at least 1,000 pounds of seafood during the course of the previous two calendar years as documented by the commission's mandatory harvest reporting program.

2. The fisherman shall possess a valid and current striped bass permit issued by the Marine Resources Commission in accordance with 4VAC20-252.

B. The fisherman otherwise qualified under subdivision A 1 of this section shall be granted an exemption from the requirement to report sales of at least 1,000 pounds of seafood during the course of the previous two calendar years as documented by the commission's mandatory harvest reporting system when the following conditions are met:

1. Exemptions shall be solely based on a documented medical condition or active military service that prevented the fisherman from fully satisfying the requirements described in subdivision A 1 of this section; and

2. Exemptions shall only be granted by the commissioner or the commissioner's designee.

C. The maximum number of general hook-and-line licenses is established as 200.

D. A random drawing for available commercial hook-and-line licenses shall be held annually should the number of licensees by the fifth day of January in the current calendar year be less than 200. Commercial Fisherman Registration Licensees who have reported sales of at least 1,000 pounds of seafood harvest during the course of the previous two calendar years by the fifth day of January of the current calendar year, as documented by the commission's mandatory harvest reporting program, but who do not currently possess a commercial hook-and-line license shall be eligible for the random drawing.

E. Persons who are eligible to purchase a commercial hook-and-line license by meeting the provisions of subdivision A 2 of this section may take only striped bass by commercial hook and line.

F. Any person licensed for commercial hook and line under the provisions of subdivision A 1 of this section may transfer such license to any registered commercial fisherman, provided:

1. The transferee has a Commercial Fisherman Registration License.

2. Both the transferee and transferor have reported sales of at least 1,000 pounds of seafood harvest during the course of the previous two calendar years by the fifth day of January as documented by the commission's mandatory harvest reporting program.

3. All transfers shall be documented on a form provided by the Marine Resources Commission and approved by the Marine Resources Commissioner or the commissioner's designee. Upon approval, the person entering the commercial hook-and-line fishery shall purchase a commercial hook-and-line license in his own name.

4. Transfers of commercial hook-and-line licenses between immediate family members shall be exempt from the requirements provided in subdivision 2 of this subsection.

5. No commercial hook-and-line license shall be transferred more than once per calendar year.

4 Va. Admin. Code § 20-995-20

Derived from Virginia Register Volume 14, Issue 5, eff. December 1, 1997; amended, Virginia Register Volume 15, Issue 18, eff. May 1, 1999; Volume 17, Issue 5, eff. October 30, 2000; Volume 17, Issue 12, eff. January 26, 2001; Volume 17, Issue 14, eff. March 1, 2001; Volume 27, Issue 8, eff. December 1, 2010; Amended, Virginia Register Volume 35, Issue 06, eff. 11/2/2018.

Statutory Authority: § 28.2-201 of the Code of Virginia.