Title of Regulation: 4VAC20-1220. Pertaining to Separation Between Nets (adding 4VAC20-1220-10 through 4VAC20-1220-40).

Statutory Authority: §§ 28.2-201 and 28.2-210 of the Code of Virginia.

Effective Dates: July 29, 2009, through August 28, 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:

This chapter establishes (i) a minimum distance of 300 yards separating any net and the side or end of any fixed fishing device (pound net, fyke net, or staked gill net); (ii) a limited process for obtaining a variance to the required distance, and (iii) an appeal process available to anyone whose request for a variance is denied by the commissioner.

CHAPTER 1220
PERTAINING TO SEPARATION BETWEEN NETS

4VAC20-1220-10. Purpose.

The purpose of this emergency chapter is to (i) establish a minimum distance separating any net and the side or end of any fixed fishing device; (ii) establish a limited process whereby the commissioner may grant a variance to the required distance; and (iii) establish an appeal process that shall be available to anyone whose request for a variance is denied by the commissioner.

4VAC20-1220-20. Definitions.

The following words when used in this chapter shall have the following meaning unless the context clearly indicates otherwise.

"Fixed fishing device" means a pound net, fyke net, or staked gill net.

4VAC20-1220-30. Required distance between nets.

It is unlawful to place a net within 300 yards of the side or end of any fixed fishing device unless in the same row.

4VAC20-1220-40. Application and appeals process.

A. Any person licensed to set a fixed fishing device may apply to the commissioner for a variance to the requirement established in 4VAC20-1220-30. Such application shall be provided by the fixed fishing device license holder in writing to the commissioner.

B. A variance will be granted if the commissioner determines that the setting of a net 300 yards from the fixed fishing device will significantly impact the catch of the fixed device.

C. The commissioner will not grant a variance to place any net less than 300 yards from a fixed fishing device.

D. Any applicant denied a variance by the commissioner may appeal that denial to the commission. Such appeal shall be made by the fixed fishing device license holder in writing and submitted to the commission at least 30 days prior to the date of the meeting at which the request will be heard.