Title of Regulation: 4VAC20-460. Pertaining to the Use of Crab Traps and Pounds (adding 4VAC20-460-13, 4VAC20-460-15, 4VAC20-460-25).

Statutory Authority: §§ 28.2-201 and 28.2-701 of the Code of Virginia.

Effective Date: July 5, 2016.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments incorporate provisions from repealed 4VAC20-30, Pertaining to the Licensing of Crab Traps and Pounds, into this chapter. The provisions (ii) establish the procedures for licensing and locating crab traps or pounds, (ii) establish the priority rights of a licensee to relicense any crab trap or pound, and (iii) allow crab pound harvesters to establish auxiliary gear related to the crab pound two weeks in advance of the open season, except the crab head or retention box, but not fish until the season starts.

4VAC20-460-13. Application and location.

A. Application for crab trap or crab pound licenses, to be issued pursuant to § 28.2-701 of the Code of Virginia, shall state the exact location of each crab trap or crab pound. If application is made for a license for more than one crab trap or crab pound, the application may embrace more than one, provided the traps or pounds are to be located in the same area, and further provided they are contiguous and are located next to each other, but the location of each must be definitely described. No application for any location for a crab trap or crab pound shall be made prior to December 1 of the year preceding the current license year.

B. Only one license shall be issued for the same location, or within 100 yards of that location, during the same calendar year and any subsequent license issued through error, or otherwise, for the same location, or within 100 yards of that location, shall be void as to that location. Upon request by such licensee, made within 60 days after issuance, a refund of such license fee shall be made.

C. The licensee shall be responsible for the location of the trap or pound.

D. The license, when issued, shall be subject to oyster leases and riparian rights and shall not apply inshore of the mean low water mark.

4VAC20-460-15. Priority rights.

The licensee of any location for a crab trap or crab pound that was actually fished or crabbed by the licensee during the preceding year shall have a priority right over all other applicants to license the same location for the current license year, provided such licensee remains otherwise qualified and makes application for such location on or before April 1 of the current license year. All other applicants for such location will have their applications considered in chronological order of receipt after April 1 of the license year.

4VAC20-460-25. Placement requirements for the retention box and other gear.

It shall be unlawful to establish the crab head or retention box prior to the legal start date, but all other associated gear may be established at the licensed location two weeks prior to the legal start date of the season for this gear type.