Title of Regulation: 4VAC20-1170. Requirements Related to the Purchase of Fish From the Catcher (adding 4VAC20-1170-10, 4VAC20-1170-20).

Statutory Authority: § 28.2-207 of the Code of Virginia.

Effective Date: December 1, 2008.

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 sets certified scale requirements of persons, businesses or corporations licensed to purchase fish.

CHAPTER 1170
REQUIREMENTS RELATED TO THE PURCHASE OF FISH FROM THE CATCHER

4VAC20-1170-10. Certified scale required.

Any person, business, or corporation, licensed to purchase fish, shellfish, or marine organisms from the catcher, as required by § 28.2-228 of the Code of Virginia, that is engaged in the transfer, off-loading, or purchase, from the catcher of fish, shellfish, or marine organisms that are regulated by a harvest weight limit or quota, possession weight limit, or landing weight limit shall use and maintain a certified scale to weigh those fish, shellfish, or marine organisms. The scale used by the person, business or corporation shall be certified as accurate by the Virginia Commissioner of Agriculture and Consumer Services. Annually, the person, business, or corporation licensed by § 28.2-228 shall provide a signed statement to the commission verifying that the weight is determined by use of a scale certified as accurate by the Virginia Commissioner of Agriculture and Consumer Services and shall post a copy of that signed statement at the place of transfer, off-loading, or purchase.

4VAC20-1170-20. 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.