Title of Regulation: 4VAC20-270. Pertaining to Crabbing (amending 4VAC20-270-51).

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

Effective Date: March 1, 2013.

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 define barrel limits that correspond with previously established bushel limits by pot category and establish per trip vessel limits for the 2013 crab pot season.

4VAC20-270-51. Harvest Harvester and vessel harvest and possession limits.

A. Any barrel used by a harvester to contain or possess any amount of crabs will be equivalent in volume to no more than 3 bushels of crabs.

A. B. The lawful harvest in bushels of crabs by crab pot license category is as follows: From March 16, 2013, through November 30, 2013, it shall be unlawful for any person to harvest in any one day or to possess aboard any vessel any amount of crabs in excess of the following bushel limits as determined by that licensee's crab pot license category: any harvester legally licensed for a crab pot license, as defined in 4VAC20-270-50 B, shall be limited to the following harvest and possession limits:

27 bushels for harvesters with a legal crab pot license allowing up to 85 crab pots.

32 bushels for harvesters with a legal crab pot license allowing up to 127 crab pots.

38 bushels for harvesters with a legal crab pot license allowing up to 170 crab pots.

45 bushels for harvesters with a legal crab pot license allowing up to 255 crab pots.

55 bushels for harvesters with a legal crab pot license allowing up to 425 crab pots.

1. 27 bushels, or 9 barrels, of crabs, if licensed for up to 85 crab pots.

2. 32 bushels, or 10 barrels and 2 bushels, if licensed for up to 127 crab pots.

3. 38 bushels, or 12 barrels and 2 bushels, if licensed for up to 170 crab pots.

4. 45 bushels, or 15 barrels, if licensed for up to 255 crab pots.

5. 55 bushels, or 18 barrels and 1 bushel, if licensed for up to 425 crab pots.

B. C. When multiple harvesters are on board any vessel, that vessel vessel's harvest and possession limit shall be equal to the sum of each licensee's crab pot license category bushel limit only one harvest and possession limit, as described in 4VAC20-270-51 B, and that limit shall correspond to the highest harvest and possession limit of only one licensee on board that vessel.

C. D. When transporting or selling one or more legal crab pot licensee's crab harvest in bushels, or barrels, any agent shall possess either the crab pot license of that one or more crab pot licensees or a bill of lading indicating each crab pot licensee's name, address, Commercial Fisherman Registration License number, date, and amount of bushels or barrels of crabs to be sold.

D. E. If any police officer finds crabs in excess of any lawful bushel or barrel limit, as described in subsections A and B of this section, that excess quantity of crabs shall be returned immediately to the water by the licensee or licensees who possess that excess over any single or combined lawful harvest limit. The refusal to return crabs in excess of any harvest limit to the water shall constitute a separate violation of this chapter.

E. F. The bushel and barrel limits described in this chapter replace any provisions for bushel limits described in previous 4VAC20-300.