Title of Regulation: 4VAC20-1310. Pertaining to Jonah Crab (amending 4VAC20-1310-20 through 4VAC20-1310-50).

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 amendments establish a 2.75-inch minimum claw size for claw-specific harvest greater than five gallons, define Jonah crab bycatch, modify non-lobster trap possession limits, and clarify language.

4VAC20-1310-20. Definition.

The following word words or term terms when used in this chapter shall have the following meaning meanings unless the context clearly indicates otherwise:

"Carapace" means the unsegmented body shell of a Jonah crab.

"Carapace length" means the straight line measurement across the widest part of the shell including the tips of the posterior-most, longest spines along the lateral margins of the carapace.

"Claw length" means the straight line measurement along the bottom of the claw from the joint to the lower tip of the claw.

"Jonah crab," as described in this chapter, means solely any crustacean of the crustacean species Cancer borealis.

"Target species" means those species primarily sought by the fishermen in the fishery and that are the subject of directed fishing effort.

4VAC20-1310-30. Possession prohibitions and commercial fishery minimum size limit.

A. It shall be unlawful for any person individual to possess any egg-bearing female Jonah crab, except for scientific purposes and with the express written consent of the Commissioner of Marine Resources. Any harvested egg-bearing female Jonah crab shall be returned to the water immediately.

B. It shall be unlawful for any person individual to land any Jonah crab unless the whole crab is in that person's individual's possession, except as provided in 4VAC20-1310-40 D C.

C. It shall be unlawful for any person individual to possess or land any Jonah crab for commercial purposes that measures less than 4.75 inches across the widest point of the in carapace length.

D. It shall be unlawful for any individual to possess or land for commercial purposes any Jonah crab claws that measure less than 2.75 inches in claw length in any amount greater than five gallons.

4VAC20-1310-40. Commercial fishery harvest, permits, possession limits, and reporting.

A. In accordance with the provisions of § 28.2 201 of the Code of Virginia, the Marine Resources Commission establishes a no-cost Jonah crab incidental commercial permit for any harvester using any gear or methods other than lobster traps in Virginia waters. It shall be unlawful for any individual to take, catch, possess, or land any Jonah crab from gear other than lobster traps unless that individual possesses a Jonah Crab Incidental Commercial Permit.

1. Such permits shall only be issued to an individual who possesses (i) a valid federal lobster permit and (ii) either a Commercial Fisherman Registration License or a Seafood Landing License.

B. 2. It shall be unlawful for any person individual using gear or harvesting methods other than lobster traps (nontrap fishermen) to land or possess more than 200 Jonah crabs in a 24-hour period or more than 500 Jonah crabs when a fishing trip exceeds 24 hours the incidental bycatch limit of 1,000 Jonah crabs.

3. It shall be unlawful for any individual to possess any Jonah crab caught under the Jonah Crab Incidental Commercial Permit unless the weight of the target species on board the vessel is greater than the weight of the Jonah Crab in that individual's possession.

C. B. It shall be unlawful for any person individual to take, catch, possess, or land any Jonah crab in excess of the amounts listed in subsection B subdivision A 2 of this section, unless that person has obtained individual possesses a Limited Entry Jonah Crab Fishery Permit from the Marine Resources Commission. Permits shall only be issued to a Virginia registered commercial fisherman or a Virginia seafood landing licensee who is a legal federal lobster permittee and has at least one pound of documented landings of Jonah crab prior to June 2, 2015, in the Marine Resources Commission's mandatory harvest reporting system. Federal dealer reports to the Standard Atlantic Fisheries Information System can satisfy the one pound harvest requirement. There is no landing limit for any person that possesses a Jonah Crab Limited Entry Fishery Permit.

1. Such permits shall only be issued to an individual who possesses (i) a valid a federal lobster permit and (ii) either a Commercial Fisherman Registration License or a Seafood Landing License.

2. Individuals shall have at least one pound of landings of Jonah crab prior to June 2, 2015, recorded in the Marine Resources Commission's mandatory harvest reporting system or in federal dealer reports to the Standard Atlantic Fisheries Information System.

3. There shall be no landing limit of Jonah crabs for any individual who possesses a Jonah Crab Limited Entry Fishery Permit.

D. C. It shall be unlawful for any person individual to take, catch, possess, or land any Jonah crab claws without first having obtained unless that individual possesses a Limited Entry Jonah Crab Claw Fishery Permit from the Marine Resources Commission. Permits shall only be issued to a Virginia registered commercial fisherman who is a legal federal lobster permittee and who has at least one pound of documented claw landings, prior to June 2, 2015, in the Marine Resources Commission's mandatory harvest reporting system. Federal dealer reports to the Standard Atlantic Fisheries Information System can satisfy the one-pound harvest requirement.

1. Such permits shall only be issued to an individual who possesses (i) a valid a federal lobster permit and (ii) either a Commercial Fisherman Registration License or a Seafood Landing License.

2. Individuals shall have at least one pound of claw landings prior to June 2, 2015, recorded in the Marine Resources Commission's mandatory harvest reporting system or in federal dealer reports to the Standard Atlantic Fisheries Information System.

3. There shall be no landing limit of Jonah crab claws for any individual who possesses a Limited Entry Jonah Crab Claw Fishery Permit.

E. D. Any Virginia licensed seafood buyer who purchases any whole Jonah crab or its claws shall provide reports to the commission of daily purchases and harvest information, organized by month. Such information shall include: (i) the date of the purchase, (ii) the harvester's commercial fisherman registration license number or Virginia seafood landing license number, (iii) the gear type, (iv) water area fished, (v) city or county of landing, (vi) total amount of pounds landed, and (vii) the price per pound. These reports shall be completed in full and submitted to the commission no later than the 15th day of January for the prior year's purchases. Federal dealer reports to the Standard Atlantic Fisheries Information System can shall satisfy the reporting requirements.

4VAC20-1310-50. Daily recreational harvest and possession limits.

It shall be unlawful for any person individual fishing recreationally to possess more than 50 Jonah crabs per person individual per day.