Title of Regulation: 4VAC20-1040. Pertaining to Crabbing Licenses (amending 4VAC20-1040-10, 4VAC20-1040-20, 4VAC20-1040-35; repealing 4VAC20-1040-25).

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

Effective Date: July 5, 2019.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Fort Monroe, VA 23651, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments (i) change the term "crabbing" to "commercial crab fishery," (ii) repeal the process to appeal license eligibility status, and (iii) add the transfer of eligibility of a crab license to the transferability provision.

CHAPTER 1040
PERTAINING TO CRABBING COMMERCIAL CRAB FISHERY LICENSES

4VAC20-1040-10. Purpose.

The purpose of this chapter is to cap and control effort in the commercial crab fisheries.

4VAC20-1040-20. License sales moratorium and license ineligibility conditions.

A. For any lawful crabbing crab fishery season, commercial licenses for crab pot, peeler pot, crab scrape, crab trap, ordinary trot line, patent trot line, and dip net shall be sold only to those registered commercial fishermen who have been determined by the commission to be eligible to purchase any of these licenses in 2010, except as described in subsection B of this section.

B. For any lawful crabbing commercial crab fishery season, those registered commercial fishermen who were eligible from 2004 through 2008 for any crab pot or peeler pot licenses, but reported no harvest from 2004 through 2007, were placed on a waiting list in 2009 and shall remain ineligible to purchase a commercial crab pot or peeler pot license, in accordance with subsection C of this section.

C. At such time as results from the Chesapeake Bay Bay-wide Blue Crab Winter Dredge Survey indicate that an abundance of 215 million age 1+ female blue crabs (blue crabs 2.4 inches and greater, in carapace width) has been attained in three consecutive, seasonal (December – March) surveys, Bay-wide Blue Crab Winter Dredge Surveys, those registered commercial fishermen on the waiting list as described in subsection B of this section shall resume their eligibility to purchase their commercial crab pot or peeler pot licenses according to a limited and delayed access system established by the Commission commission.

D. Any person receiving a commercial crab license by lawful transfer also establishes his eligibility to purchase that specific license; however, any person either failing to register as a commercial fisherman in any year or lawfully transferring his commercial crab license to another person shall forfeit his eligibility to purchase that specific crab license.

E. Commercial licenses for crab pots, peeler pots, crab scrapes, crab traps, ordinary trot lines, patent trot lines, and crab dip nets may be transferred Any person eligible to purchase any commercial crab license as described in subsection A of this section may transfer that eligibility to an immediate family member of the that eligible licensee at any time and, in. In the case of death or incapacitation of the eligible licensee, eligibility for any and all commercial crab licenses may be transferred to a registered commercial fisherman at any time. Crabbing Eligibility for commercial crab licenses also may also be transferred to another registered commercial fisherman, except that not more than 100 licenses shall be transferred in the any current year. All such transfers shall be documented on forms provided by the commission and shall be subject to the approval of the commissioner or his designee.

F. Any commercial crab pot or peeler pot license that is was purchased by the commission through the 2008 Federal Crab Disaster Relief Program shall be permanently retired and shall not be available for sale to any fisherman at any time. Any person whose license is was purchased under the 2008 Federal Crab Disaster Relief Program may re-enter the fishery only through the transfer of another commercial crab pot or peeler pot license as authorized by regulations in effect at the time of the transfer.

4VAC20-1040-25. Appeal process. (Repealed.)

Any registered commercial fisherman described in 4VAC20-1040-20 B 2 may appeal the status of his license ineligibility, to the commission, provided he documents one of the following conditions: (i) a health condition that prevented the registered commercial fisherman from harvesting any crabs during the 2004 through 2007 lawful crabbing seasons; (ii) an active military service that prevented the registered commercial fisherman from harvesting any crabs during the 2004 through 2007 lawful crabbing seasons; or (iii) a substantial error in his mandatory harvest reporting records. The deadline for submission to the commission of any appeal under this section shall be June 9, 2009.

4VAC20-1040-35. Control date.

The commission hereby establishes December 17, 2007, as the control date for management of all blue crab fisheries in Virginia. Participation by any individual in a commercial crab fishery after the control date will not be considered in the calculation or distribution of crabbing rights should further entry limitations be established. Any individual entering the commercial crab fishery after the control date will have no right to future participation in the commercial crab fishery should further entry limitations be established.