REGULATIONS
Vol. 40 Iss. 24 - July 15, 2024

TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Chapter 140
Final

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-140. Pertaining to Identification of Crab Pots, Peeler Pots, Eel Pots, and Fish Pots (amending 4VAC20-140-15, 4VAC20-140-25).

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

Effective Date: July 5, 2024.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248, FAX (757) 247-2002, or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments clarify the height required for identifying information on crab and eel pot buoys.

4VAC20-140-15. Identification of eel pots.

Any person owning or using an eel pot, for which a commercial license is prescribed by law, shall display his that person's Marine Resources Commission identification number preceded by the letter "E" on each floating buoy or stake attached to each such eel pot, in a legible and visible manner and in figures of not smaller than one inch in height.

4VAC20-140-25. Identification of crab pots and peeler pots.

A. Any person placing, setting, or fishing crab pots in Virginia waters, for which a commercial license is prescribed by law, shall display his that person's Marine Resources Commission identification number, preceded by the letter "C," on each floating buoy or stake attached to each such crab pot, in a legible and visible manner and in figures of not smaller than one inch in height.

B. Any person placing, setting, or fishing peeler pots in Virginia waters, for which a commercial license is prescribed by law, shall display his that person's Marine Resources Commission identification number, preceded by the letter "P," on each floating buoy or stake attached to each such peeler pot, in a legible and visible manner and in figures of not smaller than one inch in height.

C. Except as provided in subsection D of this section, it shall be unlawful for any person to place numbers or letters on any crab pot or peeler pot buoy or stake that is in addition to the identification requirement described in subsection A or B of this section.

D. Any person who is legally licensed to crab pot or peeler pot in North Carolina or Maryland waters may also display identification required by those jurisdictions on the buoys or stakes attached to those crab pots or peeler pots while that person is placing, setting, or fishing those crab pots or peeler pots in Virginia waters.

E. Any identification shall be legally assigned or registered to that person, as described in subsection D of this section.

VA.R. Doc. No. R24-7937; Filed June 25, 2024