Title of Regulation: 4VAC20-1390. Pertaining to Shrimp (amending 4VAC20-1390-50, 4VAC20-1390-70).

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

Effective Date: June 1, 2022.

Agency Contact: Alexa Galvan, Marine Resources Commission, 380 Fenwick Road, Fort Monroe, VA 23651, telephone (757) 247-2069, or email alexa.galvan@mrc.virginia.gov.

Summary:

The amendments (i) reduce and provide exemption for criteria for eligibility for a Commercial Shrimp Trawl License, (ii) provide for written request for transfer of a Commercial Shrimp Trawl License, (iii) stipulate when an exception to the prohibition of use of agents will be granted and limit the duration of use of an agent to two weeks, and (iv) change to July 1 the cutoff to count the number of individuals eligible for a Commercial Shrimp Trawl License to determine whether a lottery for licenses will be conducted in a given year.

4VAC20-1390-50. Shrimp trawl licensing and entry requirements.

A. The maximum number of Commercial Shrimp Trawl Licenses issued in any fishing year shall be 12.

B. Any individual who meets all of the following criteria shall be eligible for a Commercial Shrimp Trawl License:

1. The individual shall possess a valid Commercial Fisherman Registration License.

2. The individual shall complete and submit a Commercial Shrimp Trawl License Application annually that must be received by the Marine Resources Commission by August 31 of the current calendar year.

3. The individual shall meet one of the following criteria:

a. The individual shall have been a permit holder of a Virginia-issued Special Experimental Permit for shrimp trawl gear and reported a minimum shrimp harvest of 500 pounds to the Marine Resource Commission's Mandatory Harvest Reporting Program in any given year from 2017 through 2020.

b. 2. The individual shall have possessed a Commercial Shrimp Trawl License and reported harvest of at least 500 pounds by shrimp trawl gear to the Marine Resource Resources Commission's Mandatory Harvest Reporting Program in at least one of the previous two fishing years. An individual shall be exempt from this requirement if they have been eligible for the Commercial Shrimp Trawl License for fewer than two fishing years.

C. If the number of individuals eligible for a Commercial Shrimp Trawl License pursuant to subsection B of this section is fewer than 12 by September July 1 in the current calendar year, a lottery will be conducted, including any individual who meets all of the following criteria:

1. The individual shall possess a valid Commercial Fisherman Registration License.

2. The individual shall complete and submit a Commercial Shrimp Trawl Application that must be received by the Marine Resources Commission by the advertised deadline of the current calendar year.

3. The individual shall have reported harvest to the Marine Resource Resources Commission's Mandatory Harvest Reporting Program of at least 1,000 pounds of harvest per year in at least three of the previous five calendar years.

D. Any individual selected under subsection B or C of this section who fails to return a completed Commercial Shrimp Trawl License Acceptance Form provided by the commission indicating their acceptance within 14 days of selection shall forfeit their eligibility for the current fishing year and another individual shall be selected from the list of eligible individuals pursuant to subsection C of this section.

E. The commission shall approve all shrimp trawl gear, as referenced in 4VAC20-1390-60 prior to the issuance of a Commercial Shrimp Trawl License.

F. It shall be prohibited to transfer any Commercial Shrimp Trawl License. Transfers of any Commercial Shrimp Trawl License shall be prohibited without written request to the Marine Resources Commission and approval by the Commissioner of the Marine Resources Commission or the commissioner's designee. Exceptions to transfers shall only be granted due to death, medical hardships, or military service.

G. The use of agents shall be prohibited for any Commercial Shrimp Trawl Licensee without written request to the Marine Resources Commission and approval by the commissioner or the commissioner's designee. Exceptions to the use of agents shall only be granted due to death, medical hardships, or military service. The use of agents shall only be approved for a consecutive two-week period during any fishing season.

H. Each Commercial Shrimp Trawl Licensee shall report to the Marine Resources Commission Fisheries Management Staff the harvest of shrimp in pounds, an estimate of total bycatch in pounds, and interactions with any protected or endangered species within 24 hours of landing of each trip.

4VAC20-1390-70. Commercial shrimp trawl harvest limits, seasons, and areas.

A. It shall be unlawful for any Commercial Shrimp Trawl Licensee to harvest or land any Virginia quota managed species (Black Drum, Black Sea Bass, Bluefish, Atlantic Horseshoe Crab, Atlantic Menhaden, Scup, Speckled Sea Trout, Spiny and Smooth Dogfishes, Striped Bass, and Summer Flounder) caught by shrimp trawl.

B. It shall be unlawful to trawl for shrimp outside of the Virginia Beach Shrimp Trawl Harvest Area.

C. It shall be unlawful for any Commercial Shrimp Trawl Licensee to harvest shrimp caught by shrimp trawl from February 1 through September 30 of each calendar year.

D. It shall be unlawful to trawl for shrimp more than 30 minutes before sunrise or 30 minutes after sunset.

E. It shall be unlawful to trawl for shrimp within 100 yards of any marked commercial fishing gear.

F. It shall be unlawful to trawl for shrimp within 300 yards of any navigable inlet, public boat ramp, fishing pier, or beach.