Title of Regulation: 4VAC20-1280. Pertaining to Fishing License and Privilege Revocation (adding 4VAC20-1280-10 through 4VAC20-1280-40).

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

Effective Dates: April 1, 2015, through May 1, 2015.

Agency Contact: Robert O'Reilly, Chief, Fisheries Management Division, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2247, FAX (757) 247-2002, or email rob.oreilly@mrc.virginia.gov.

Preamble:

This chapter establishes the penalties for violation of a commission-ordered revocation of any fishing license or of fishing privileges within the Commonwealth's tidal waters.

CHAPTER 1280
PERTAINING TO FISHING LICENSE AND PRIVILEGE REVOCATION

4VAC20-1280-10. Purpose.

The purpose of this chapter is to establish penalties for any individual found fishing illegally, after the Marine Resources Commission has ordered the revocation of his fishing license or his fishing privileges, or both.

4VAC20-1280-20. Definition.

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

"Fishing" means all operations involved in (i) taking or catching marine fish, shellfish, and marine organisms; (ii) using, setting, operating or piloting any apparatus or vessel employed in killing, taking or catching marine fish, shellfish, and marine organisms; or (iii) transporting or preparing for market marine fish, shellfish, and marine organisms.

4VAC20-1280-30. Unlawful fishing after fishing license has been revoked.

It shall be unlawful for any person to participate in any fishing, at any time, during the period his fishing licenses or fishing privileges are revoked by the Marine Resources Commission.

4VAC20-1280-40. Penalty.

As set forth in § 28.2-903 of the Code of Virginia, any person violating a provision of this chapter shall be guilty of a Class 3 misdemeanor. A second violation and each 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.