TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Final Regulation

Title of Regulation: 4VAC20-1190. Pertaining to Gill Net Control Date (amending 4VAC20-1190-10, 4VAC20-1190-15, 4VAC20-1190-30, 4VAC20-1190-40, 4VAC20-1190-50; adding 4VAC20-1190-55).

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

Effective Date: May 1, 2025.

Agency Contact: Zachary Widgeon, Director of Communications, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 414-0713, FAX (757) 247-2002, or email zachary.widgeon@mrc.virginia.gov.

Summary:

The amendments establish a licensed gear type for an extended drift gill net, develop provisions for its use, and increase eligibility and participation in the fishery, creating a new regulated commercial fishery during the summer months when commercial fishing options are limited.

4VAC20-1190-10. Purpose.

The purpose of this chapter is to establish a control date, gear specifications, limited entry, and transfer and licensing requirements for conservation and management of the gill net fishery through limited entry.

4VAC20-1190-15. Definitions.

The following term terms when used in this chapter shall have the following meaning unless the context indicates otherwise:

"Extended drift gill net" means a drift gill net not to exceed 6,000 feet in total length, where one end is attached to a vessel.

"Gill net" means all gill nets up to 600 feet, or all gill nets over 600 feet and up to 1,200 feet, except any stake gill net of 1,200 feet in length or under with a fixed location or any extended drift gill net.

4VAC20-1190-30. Limited entry and permits.

A. Either a Class A resident gill net permit Resident Gill Net Permit, a Class A nonresident gill net permit Nonresident Gill Net Permit, or a Class B gill net permit Gill Net Permit shall be required for a harvester before purchasing a gill net license.

B. A commercial fisherman is shall be considered qualified for the Class A resident gill net permit Resident Gill Net Permit if he the commercial fisherman is a resident of the Commonwealth of Virginia, possesses a valid Virginia Commercial Fisherman Registration License, and satisfies one of the following conditions:

1. Possessed a valid Virginia gill net license prior to December 31, 2005;

2. Possessed a valid Virginia gill net license and documented on Virginia mandatory reporting forms harvest from legally licensed gill nets for at least 100 days in any one year from 2006 through 2008; or

3. Possessed a valid Virginia gill net license and documented on Virginia mandatory reporting forms harvest from legally licensed gill nets for at least 60 days in any two years from 2006 through 2008.

C. A commercial fisherman is shall be considered qualified for the Class A nonresident gill net permit Nonresident Gill Net Permit if he the commercial fisherman is not a resident of the Commonwealth of Virginia, possesses a valid Virginia Commercial Fisherman Registration License, and satisfies one of the following conditions:

1. Possessed a valid Virginia gill net license prior to December 31, 2005;

2. Possessed a valid Virginia gill net license and documented on Virginia mandatory reporting forms harvest from legally licensed gill nets for at least 100 days in any one year from 2006 through 2008; or

3. Possessed a valid Virginia gill net license and documented on Virginia mandatory reporting forms harvest from legally licensed gill nets for at least 60 days in any two years from 2006 through 2008.

D. A harvester is shall be considered qualified for the Class B gill net permit Gill Net Permit if he the harvester does not satisfy the requirements described in subsection B or C of this section.

4VAC20-1190-40. Permit limitations.

A. Class A resident gill net permittees or Class A nonresident gill net permittees shall be authorized to purchase any number of gill net licenses, provided the maximum footage associated with all purchased gill net licenses does not exceed 12,000 feet.

B. Class B gill net permittees shall be authorized to purchase any number of gill net licenses, provided the maximum footage associated with all purchased gill net licenses does not exceed 6,000 feet.

C. A person who does not qualify for either a Class A resident gill net permit Resident Gill Net Permit, a Class A nonresident gill net permit Nonresident Gill Net Permit, or a Class B gill net permit Gill Net Permit shall not be authorized to purchase any gill net license.

D. A legal gill net permit shall be in the possession of any gill net permittee or his the permittee's agent who is placing, setting, or fishing that permittee's gill net.

E. It shall be unlawful for more than one gill net limited entry permittee aboard any vessel at any time to set, place, or fish any gill nets, except those gill nets legally licensed to only one gill net permittee.

4VAC20-1190-50. Permit transfers.

A. Class A resident gill net permittees may only transfer that permit to another registered commercial fisherman who is a resident of the Commonwealth of Virginia. The transferor and the transferee shall have documented all prior fishing activity on Virginia mandatory reporting forms and shall not be under any sanction by the Marine Resources Commission for noncompliance with the regulation. Transfers must be approved by the commissioner, or his the commissioner's designee, and are permanent. The permanent transfer authorizes the transferee to possess a Class A resident permit Resident Gill Net Permit, and the transferor shall lose his eligibility for that Class A resident gill net permit Resident Gill Net Permit.

B. Class A nonresident gill net permittees may only transfer that permit to another commercial fisherman who is not a resident of the Commonwealth of Virginia. The transferor and the transferee shall have documented all prior fishing activity on Virginia mandatory reporting forms and shall not be under any sanction by the Marine Resources Commission for noncompliance with the regulation. Transfers must be approved by the commissioner, or his the commissioner's designee, and are permanent. The permanent transfer authorizes the transferee to possess a Class A nonresident permit Nonresident Gill Net Permit, and the transferor shall lose his eligibility for that Class A nonresident gill net permit Nonresident Gill Net Permit.

4VAC20-1190-55. Extended drift gill nets.

A. It shall be unlawful to operate an extended drift gill net anywhere except within the mainstem of the Chesapeake Bay as well as the coastal waters of Virginia east of the COLREGS line up to the three nautical mile limit.

B. It shall be unlawful to operate an extended drift gill net except from May 1 through October 15 of each calendar year.

C. It shall be unlawful to operate an extended drift gill net except from 30 minutes prior to sunset through 9 a.m.

D. The license holder shall stay within 100 yards of the extended drift gill net gear when in the water.

E. Extended drift gill net gear shall be marked in accordance with 4VAC20-430 and shall also be marked with:

1. Two all-around lights in a vertical line with the upper being red and the lower being white. The base of the bottom white light shall be 7.5 feet above the water line.

2. A light and radar reflector attached to the end-marker flag furthest from the vessel.

F. Registered commercial fishermen and licensed seafood buyers shall allow those authorized by the commission to observe or to sample harvest and seafood products associated with extended drift gill net gear to obtain biological information for scientific and management purposes.