REGULATIONS
Vol. 29 Iss. 21 - June 17, 2013

TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Chapter 1090
Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-1090. Pertaining to Licensing Requirements and License Fees (amending 4VAC20-1090-30, 4VAC20-1090-40).

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

Effective Date: July 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 establish (i) oyster resource user fees for anyone growing, harvesting, shucking, packing, or shipping oysters for commercial purposes; (ii) licenses for buyers' places of business or trucks used for the purchase of oysters from harvesters; (iii) licenses and fees for menhaden purse seine vessels, as already established in the Code of Virginia; and (iv) a recreational saltwater license and fee for nonresident individuals age 65 and older.

4VAC20-1090-30. License fees.

The following listing of license fees applies to any person who purchases a license for the purposes of harvesting for commercial purposes, or fishing for recreational purposes, during any calendar year.

1. COMMERCIAL LICENSES.

Commercial Fisherman Registration License

$190.00

Commercial Fisherman Registration License for a person 70 years or older

$90.00

Delayed Entry Registration.

$190.00

Delayed Entry Registration License for a person 70 years or older

$90.00

Seafood Landing License for each boat or vessel

$175.00

For each Commercial Fishing Pier over or upon subaqueous beds (mandatory)

$83.00

Seafood Buyer's License -- For each boat or motor vehicle

$63.00

Seafood Buyer's License -- For each place of business

$126.00

Clam Aquaculture Product Owner's Permit

$10.00

Oyster Aquaculture Product Owner's Permit

$10.00

Clam Aquaculture Harvester's Permit

$5.00

Oyster Aquaculture Harvester's Permit

$5.00

Nonresident Harvester's License

$444.00

OYSTER RESOURCE USER FEES

Any licensed commercial fisherman harvesting oysters by hand

$50.00

For any harvester using one or more gear types to harvest oysters or for any registered commercial fisherman who solely harvests or possesses any bushel limit described in 4VAC20-720-80, only one oyster resource user fee, per year, shall be paid

$300.00

On any business shucking or packing no more than 1,000 gallons of oysters

$500.00

On any business shucking or packing more than 1,000 but no more than 10,000 gallons of oysters

$1,000.00

On any business shucking or packing more than 10,000 but no more than 25,000 gallons of oysters

$2,000.00

On any business shucking or packing more than 25,000 gallons of oysters

$4,000.00

On any oyster buyer using a single truck or location

$100.00

On any oyster buyer using multiple trucks or locations

$300.00

Commercial aquaculture operation, on riparian assignment or general oyster planting grounds

$50.00

OYSTER HARVESTING AND, SHUCKING, AND BUYERS LICENSES

Any person purchasing oysters caught from the public grounds of the Commonwealth or the Potomac River, for a single place of business with one boat or motor vehicle used for buying oysters

$50.00

Any person purchasing oysters caught from the public grounds of the Commonwealth or the Potomac River, for a single place of business with multiple boats or motor vehicles used for buying oysters

$100.00

For each person taking oysters by hand, or with ordinary tongs

$10.00

For each single-rigged patent tong boat taking oysters

$35.00

For each double-rigged patent tong boat taking oysters

$70.00

Oyster Dredge Public Ground

$50.00

Oyster Hand Scrape

$50.00

To shuck and pack oysters, for any number of gallons under 1,000

$12.00

To shuck and pack oysters, for 1,000 gallons, up to 10,000

$33.00

To shuck and pack oysters, for 10,000 gallons, up to 25,000

$74.00

To shuck and pack oysters, for 25,000 gallons, up to 50,000

$124.00

To shuck and pack oysters, for 50,000 gallons, up to 100,000

$207.00

To shuck and pack oysters, for 100,000 gallons, up to 200,000

$290.00

To shuck and pack oysters, for 200,000 gallons or over

$456.00

BLUE CRAB HARVESTING AND SHEDDING LICENSES, EXCLUSIVE OF CRAB POT LICENSES

For each person taking or catching crabs by dip nets

$13.00

For ordinary trotlines

$13.00

For patent trotlines

$51.00

For each single-rigged crab-scrape boat

$26.00

For each double-rigged crab-scrape boat

$53.00

For up to 210 peeler pots

$36.00

For up to 20 tanks and floats for shedding crabs

$9.00

For more than 20 tanks or floats for shedding crabs

$19.00

For each crab trap or crab pound

$8.00

CRAB POT LICENSES

For up to 85 crab pots

$48.00

For over 85 but not more than 127 crab pots

$79.00

For over 127 but not more than 170 crab pots

$79.00

For over 170 but not more than 255 crab pots

$79.00

For over 255 but not more than 425 crab pots

$127.00

HORSESHOE CRAB AND LOBSTER LICENSES

For each person harvesting horseshoe crabs by hand

$16.00

For each boat engaged in fishing for, or landing of, lobster using less than 200 pots

$41.00

For each boat engaged in fishing for, or landing of, lobster using 200 pots or more

$166.00

CLAM HARVESTING LICENSES

For each person taking or harvesting clams by hand, rake or with ordinary tongs

$24.00

For each single-rigged patent tong boat taking clams

$58.00

For each double-rigged patent tong boat taking clams

$84.00

For each boat using clam dredge (hand)

$19.00

For each boat using clam dredge (power)

$44.00

For each boat using hydraulic dredge to catch soft shell clams

$83.00

For each person taking surf clams

$124.00

CONCH (WHELK) HARVESTING LICENSES

For each boat using a conch dredge

$58.00

For each person taking channeled whelk by conch pot

$51.00

FINFISH HARVESTING LICENSES

Each pound net

$41.00

Each stake gill net of 1,200 feet in length or under, with a fixed location

$24.00

All other gill nets up to 600 feet

$16.00

All other gill nets over 600 feet and up to 1,200 feet

$24.00

Each person using a cast net or throw net or similar device

$13.00

Each fyke net head, weir, or similar device

$13.00

For fish trotlines

$19.00

Each person using or operating a fish dip net

$9.00

On each haul seine used for catching fish, under 500 yards in length

$48.00

On each haul seine used for catching fish, from 500 yards in length to 1,000 yards in length

$146.00

For each person using commercial hook and line

$31.00

For each person using commercial hook and line for catching striped bass only

$31.00

On each boat or vessel under 70 gross tons fishing with purse net, per gross ton, but not more than $249

$4.00

On each boat or vessel over 70 gross tons fishing with purse net, per gross ton. Provided the maximum license fee for such vessels shall not be more than $996

$8.00

On each boat or vessel under 70 gross tons fishing for the purse seine menhaden reduction sector

$249.00

On each vessel 70 gross tons or over fishing for the purse seine menhaden reduction sector

$996.00

On each boat or vessel under 70 gross tons fishing for the purse seine menhaden bait sector

$249.00

On each vessel 70 gross tons or over fishing for the purse seine menhaden bait sector

$996.00

For up to 100 fish pots or eel pots

$19.00

For over 100 but not more than 300 fish pots or eel pots

$24.00

For over 300 fish pots or eel pots

$62.00

2. COMMERCIAL GEAR FOR RECREATIONAL USE.

Up to five crab pots

$36.00

Crab trotline (300 feet maximum)

$10.00

One crab trap or crab pound

$6.00

One gill net up to 300 feet in length

$9.00

Fish dip net

$7.00

Fish cast net

$10.00

Up to two eel pots

$10.00

3. SALTWATER RECREATIONAL FISHING LICENSE.

Individual, resident

$17.50

Individual, nonresident

$25.00

Temporary 10-Day, resident

$10.00

Temporary 10-Day, nonresident

$10.00

Recreational boat, resident

$48.00

Recreational boat, nonresident, provided a nonresident may not purchase a recreational boat license unless his boat is registered in Virginia

$76.00

Head Boat/Charter Boat, resident, six or less passengers

$190.00

Head Boat/Charter Boat, nonresident, six or less passengers

$380.00

Head Boat/Charter Boat, resident, more than six passengers, plus $5.00 per person, over six persons

$190.00

Head Boat/Charter Boat, nonresident, more than six passengers, plus $5.00 per person, over six persons

$380.00

Rental Boat, resident, per boat, with maximum fee of $703

$14.00

Rental Boat, nonresident, per boat, with maximum fee of $1270

$18.00

Commercial Fishing Pier (Optional)

$632.00

Disabled Resident Lifetime Saltwater License

$10.00

Disabled Nonresident Lifetime Saltwater License

$10.00

Reissuance of Saltwater Recreational Boat License

$5.00

Combined Sportfishing License to fish in all inland waters and tidal waters of the Commonwealth during open season:

Residents

$35.00

Nonresidents

$60.50

Combined Sportfishing Trip License to fish in all inland waters and tidal waters of the Commonwealth during open season, for five consecutive days:

Residents

$21.00

Nonresidents

$26.00

LIFETIME SALTWATER RECREATIONAL FISHING LICENSES

Individual Resident Lifetime License

$276.00

Individual Nonresident Lifetime License

$500.00

Individual Resident Lifetime License age 45 - 50

$132.00

Individual Nonresident Lifetime License age 45 - 50

$240.00

Individual Resident Lifetime License age 51 - 55

$99.00

Individual Nonresident Lifetime License 51 - 55

$180.00

Individual Resident Lifetime License age 56 - 60

$66.00

Individual Nonresident Lifetime License age 56 - 60

$120.00

Individual Resident Lifetime License age 61 - 64

$35.00

Individual Nonresident Lifetime License age 61 - 64

$60.00

Individual Nonresident Lifetime License age 65 and older

$5.00

4VAC20-1090-40. Penalty.

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

B. As set forth in § 28.2-549 of the Code of Virginia, any person willfully failing to pay oyster resource user fees to the commission shall be guilty of a Class 1 misdemeanor.

VA.R. Doc. No. R13-3762; Filed June 3, 2013, 11:43 a.m.