Title of Regulation: 4VAC20-270. Pertaining to Crabbing (amending 4VAC20-270-51, 4VAC20-270-56).

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

Effective Date: June 26, 2013.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Summary:

The amendments clarify that all 2013 crab bushel limits are daily limits and not trip limits.

4VAC20-270-51. Harvester and Daily commercial harvester, vessel, and harvest and possession limits.

A. Any barrel used by a harvester to contain or possess any amount of crabs will be equivalent in volume to no more than 3 bushels of crabs.

B. From March 16, 2013, through November 30, 2013, any harvester legally licensed for a crab pot license, as defined in 4VAC20-270-50 B, shall be limited to the following daily harvest and possession limits shown below:

1. 27 bushels, or 9 barrels, of crabs, if licensed for up to 85 crab pots.

2. 32 bushels, or 10 barrels and 2 bushels, if licensed for up to 127 crab pots.

3. 38 bushels, or 12 barrels and 2 bushels, if licensed for up to 170 crab pots.

4. 45 bushels, or 15 barrels, if licensed for up to 255 crab pots.

5. 55 bushels, or 18 barrels and 1 bushel, if licensed for up to 425 crab pots.

C. When multiple harvesters are on board any vessel, that vessel's daily harvest and possession limit shall be equal to only one harvest and possession limit, as described in 4VAC20-270-51 B, and that daily limit shall correspond to the highest harvest and possession limit of only one licensee on board that vessel.

D. When transporting or selling one or more legal crab pot licensee's crab harvest in bushels or barrels, any agent shall possess either the crab pot license of that one or more crab pot licensees or a bill of lading indicating each crab pot licensee's name, address, Commercial Fisherman Registration License number, date, and amount of bushels or barrels of crabs to be sold.

E. If any police officer finds crabs in excess of any lawful daily bushel or, barrel, or vessel limit, as described in this section, that excess quantity of crabs shall be returned immediately to the water by the licensee or licensees who possess that excess over any single or combined lawful daily harvest or possession limit. The refusal to return crabs, in excess of any lawful daily harvest or possession limit, to the water shall constitute a separate violation of this chapter.

F. The bushel and barrel limits described in this chapter replace any provisions for bushel limits described in previous 4VAC20-300.

4VAC20-270-56. Recreational Daily recreational harvest and possession limit.

It shall be unlawful to take by using an unlicensed dip net or hand line, or two crab pots, or to harvest or possess for personal use aboard any vessel, more than one bushel of hard crabs or two dozen peeler crabs per day.