Title of Regulation: 4VAC20-1190. Pertaining to Gill Net Control Date (amending 4VAC20-1190-10; adding 4VAC20-1190-15, 4VAC20-1190-30, 4VAC20-1190-40, 4VAC20-1190-50, 4VAC20-1190-60).

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

Effective Date: December 1, 2009.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Summary:

The amendments (i) define "gill net" as 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, and (ii) require a harvester to have either a Class A resident gill net permit, Class A nonresident gill net permit, or Class B gill net permit before purchasing a gill net license.

Sections are added defining qualifications for the Class A resident gill net permit, Class A nonresident gill net permit, and Class B gill net permit as follows:

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

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

b. 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;

c. 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.

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

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

b. 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;

c. 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.

3. A harvester is considered qualified for the Class B gill net permit if he does not satisfy the requirements for a Class A resident or Class A nonresident gill net permit.

CHAPTER 1190
PERTAINING TO GILL NET CONTROL DATE, LIMITED ENTRY AND TRANSFERS

4VAC20-1190-10. Purpose.

The purpose of this chapter is to establish a control date for conservation and management of the gill net fishery through limited entry.

4VAC20-1190-15. Definitions.

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

"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.

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

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

B. A commercial fisherman is considered qualified for the Class A resident gill net permit if he 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;

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 considered qualified for the Class A nonresident gill net permit if he 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;

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 considered qualified for the Class B gill net permit if he 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, Class A nonresident gill net permit or Class B gill net permit shall not be authorized to purchase any gill net license.

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 designee, and are permanent. The permanent transfer authorizes the transferee to possess a Class A resident permit and the transferor shall lose his eligibility for that Class A 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 designee, and are permanent. The permanent transfer authorizes the transferee to possess a Class A nonresident permit and the transferor shall lose his eligibility for that Class A nonresident gill net permit.

4VAC20-1190-60. Penalty.

As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violation is a Class 1 misdemeanor.