REGULATIONS
Vol. 36 Iss. 15 - March 16, 2020

TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Chapter 995
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: 4VAC20-995. Pertaining to Commercial Hook-And-Line Fishing (amending 4VAC20-995-30).

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

Effective Date: March 1, 2020.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Fort Monroe, VA 23651, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendment prohibits the use of commercial hook-and-line gear within 300 feet of any bridge, bridge-tunnel, jetty, or pier on weekends (Friday through Sunday) during any open recreational striped bass season.

4VAC20-995-30. Prohibitions.

A. It shall be unlawful for any person licensed under the provisions of 4VAC20-995-20 A 1 or A 2 as a commercial hook-and-line fisherman to do any of the following unless otherwise specified:

1. Fail to be on board the vessel when that vessel is operating in a commercial hook-and-line fishing capacity.

2. Have more than three crew members on board the vessel at any given time provided that:

a. Crew members do not need to be licensed commercial fishermen but shall be registered on a crew member list with the commission on an annual basis and in advance of any fishing in any year;

b. One crew member per vessel needs not be registered on a crew member list;

c. The maximum number of crew members registered to any commercial hook-and-line licensee at any one time shall be 15;

d. Any crew registration list submitted by any commercial hook-and-line fisherman may be revised once per calendar year; and

e. A legible and approved crew member list must be maintained on board the vessel during all commercial hook-and-line activities.

3. Fail to display prominently the commercial hook-and-line decals, as provided by the commission, on the starboard and port sides of the vessel.

4. Fish within 300 yards of any bridge, bridge-tunnel, jetty, or pier from 6 p.m. Friday through 6 p.m. Sunday.

5. Fish within 300 yards of any fixed fishing device.

6. Harvest black drum within 300 yards of the Chesapeake Bay-Bridge-Tunnel at any time.

7. Fish recreationally on any commercial hook and line vessel during a commercial fishing trip.

8. Use any hydraulic fishing gear or deck-mounted fishing equipment.

9. Use any fishing rod and reel or hand line equipped with more than six hooks.

10. Fish commercially with hook and line aboard any vessel licensed as a charter boat or head boat while carrying customers for recreational fishing.

B. It shall be unlawful for any person to use a commercial hook and line within 300 feet of any bridge, bridge-tunnel, jetty, or pier during Thanksgiving Day through the following day. It shall be unlawful for any person to use a commercial hook and line or during any open recreational striped bass season in the Chesapeake Bay and its tributaries, except during the period midnight Sunday through 6 a.m. Friday.

VA.R. Doc. No. R20-6326; Filed February 25, 2020, 2:02 p.m.