Regulations, Vol. 30 Iss. 17 Apr 21, 2014

REGISTRAR'S NOTICE: The State Board of Elections is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 B 8 of the Code of Virginia, which exempts agency action relating to the conduct of elections or eligibility to vote.

Title of Regulation: 1VAC20-40. Voter Registration (amending 1VAC20-40-10; adding 1VAC20-40-90).

Statutory Authority: §§ 24.2-103 and 24.2-404 of the Code of Virginia; 42 USC 1973gg-6.

Public Hearing Information:

May 14, 2014 - 9 a.m. - General Assembly Building, 201 North Ninth Street, House Room C, Richmond VA

Public Comment Deadline: May 12, 2014.

Agency Contact: Myron McClees, State Board of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8949, FAX (804) 786-0760, or email myron.mcclees@sbe.virginia.gov.

Background: Pursuant to Chapter 725 of the 2013 Acts of Assembly, which requires a new voter identification standard effective July 1, 2014, the State Board of Elections is proposing amendments to its voter registration regulations related to the creation of voter photo identification cards. Subdivision A 3 of § 24.2-404 of the Code of Virginia requires that the State Board of Elections provide a card bearing a voter's photograph to any requesting registered voter who does not already possess one of the acceptable identification cards listed in subsection B of § 24.2-643 of the Code of Virginia.

Summary:

The proposed amendments (i) establish the situations when a voter can request a voter photo identification card and the requirements that a voter must meet prior to the issuance of a card; (ii) provide that general registrars may, but are not required to, solicit applications for voter photo identification cards outside of their general registrars' offices; (iii) provide guidance for the issuance of a temporary identification document and for replacement cards; and (iv) contain a provision stating that a person's inclusion in the Department of Motor Vehicles database does not exclude such person from receiving a voter photo identification card; and (v) designate applications for voter photo identification cards as registration records unavailable for public inspection but retained by the general registrars for a period of time.

Article 1
General Provisions

1VAC20-40-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Abode" or "place of abode" means a physical place where a person dwells. One may have multiple places of abode, such as a second home.

"Address" or "residence address" for purposes of voter registration and address confirmation means the address of residence in the precinct required for voter registration. An alternative mailing address may be included on a voter registration application when: (i) the residence address of the applicant cannot receive mail; or (ii) the voter is otherwise eligible by law to provide an alternative mailing address. Alternative mailing addresses must be sufficient to enable the delivery of mail by the United States Postal Service. The post office box for published lists may be provided either by the United States Postal Service or a commercial mail receiving agency (CMRA) described in the United States Postal Service Domestic Mail Manual.

"Domicile" means a person's primary home, the place where a person dwells and which he considers to be the center of his domestic, social, and civil life. Domicile is primarily a matter of intention, supported by an individual's factual circumstances. Once a person has established domicile, establishing a new domicile requires that he intentionally abandon his old domicile. For any applicant, the registrar shall presume that domicile is at the address of residence given by the person on the application. The registrar shall not solicit evidence to rebut this presumption if the application appears to be legitimate, except as provided in 1VAC20-40-40 B and C.

"Residence," "residency," or "resident" for all purposes of qualification to register and vote means and requires both domicile and a place of abode.

"Voter photo identification card" means the official voter registration card containing the voter's photograph and signature referenced in § 24.2-404 A 3 of the Code of Virginia.

1VAC20-40-90. Voter photo identification cards.

A. Pursuant to the requirements of § 24.2-404 of the Code of Virginia, a voter who does not have an acceptable form of identification listed in § 24.2-643 of the Code of Virginia may obtain a voter photo identification card free of charge through any general registrar's office if:

1. The voter completes and signs a voter identification card application form;

2. The voter's information is correct in the voter registration system;

3. A photograph of the voter is taken by the general registrar or the registrar's designated staff; and

4. The voter's signature is captured by the general registrar or the registrar's designated staff.

B. Any voter applying for the voter photo identification card whose record in the voter registration system is materially inaccurate or incomplete will be issued a card after the information has been corrected and updated within the system. Such voter may be provided with a temporary identification document if the voter's application for the voter photo identification card is made after the deadline for registering to vote in the next most proximate election in which the voter is eligible to vote. The temporary identification document shall be considered an acceptable form of identification and is valid for 30 days after its issuance.

C. A person who is unregistered may apply for a voter photo identification card, and will be provided with the card upon approval of the submitted application for voter registration. A person who is unregistered may not be provided with a temporary identification document.

D. General registrars may solicit applicants for voter photo identification cards at locations other than their offices. No general registrar shall be required to offer this service.

E. A voter's inclusion in the Department of Motor Vehicle's database will not exclude such person from being eligible to receive a voter photo identification card so long as the person affirms he is not in possession of the identification document.

F. A voter may request a replacement voter photo identification card if (i) the original card is damaged, lost, or stolen; (ii) the voter's appearance has changed substantially; or (iii) eight years have elapsed since the issuance date upon the card.

G. Applications for voter photo identification cards shall be (i) considered "registration records," as defined in § 24.2-101 of the Code of Virginia; (ii) unavailable for public inspection as provided in § 24.2-444 C of the Code of Virginia; and (iii) retained by the registrar as provided by subdivision 8 of § 24.2-114 and the applicable Library of Virginia retention schedule for local election records.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access the form. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (1VAC20-40)

Virginia Voter Registration Application Form, VA-NVRA-1 (rev. 02/10)

National Voter Registration Application Form, Register to Vote in Your State by Using this Postcard Form and Guide (rev. 3/06)

Federal Post Card Application (FPCA), Voter Registration and Absentee Ballot Request, Standard Form 76 (rev. 08/11)

Federal Write-In Absentee Ballot (FWAB), Voter's Declaration/Affirmation, Standard Form 186 (rev. 08/11)

Voter Photo Identification Card Application (undated)

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from Article 2 of 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: 4VAC20-280. Pertaining to Speckled Trout and Red Drum (amending 4VAC20-280-30, 4VAC20-280-40, 4VAC20-280-50; adding 4VAC20-280-55).

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

Effective Date: April 1, 2014.

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 (i) lower the commercial maximum size limit for red drum from 26 inches to 25 inches and increase the commercial possession limit from three fish to five fish; (ii) close the recreational speckled trout fishing season from March 1, 2014, through July 31, 2014; (iii) establish a year-round recreational speckled trout possession limit of five fish per person per day, with only one speckled trout allowed to be 24 inches or greater; (iv) establish mandatory weekly reporting by commercial buyers of speckled trout; and (v) establish a bycatch limit for commercial harvesters of speckled trout when 80% of the commercial landing limit of 51,104 pounds is projected to have been taken.

4VAC20-280-30. Size limits.

A. It shall be unlawful for any person to take, catch, or possess any speckled trout less than 14 inches in length, provided however, the catch of speckled trout by pound net or haul seine may consist of up to 5.0%, by weight, of speckled trout less than 14 inches in length.

B. It shall be unlawful for any person fishing ~~with hook-and-line, rod-and-reel, or hand-line~~ commercially with commercial hook and line gear, or fishing recreationally with any gear type to possess more than one speckled trout 24 inches or greater in any one day from ~~December~~ January 1 through ~~March~~ December 31 ~~of any year~~, except as described in 4VAC20-280-40 B.

C. It shall be unlawful for any person fishing recreationally with any gear type to take, catch, or possess any red drum less than 18 inches in length or greater than 26 inches in length.

D. It shall be unlawful for any person fishing commercially with any gear type to take, catch, or possess any red drum less than 18 inches in length or greater than 25 inches in length.

D. E. Length is measured in a straight line from tip of nose to tip of tail.

4VAC20-280-40. Possession limits.

A. It shall be unlawful for any person fishing ~~with hook-and-line, rod-and-reel, or hand-line~~ commercially with commercial hook and line gear or recreationally with any gear type to possess more than 10 five speckled trout in any one day from ~~April~~ January 1 through ~~November 30 in any year~~ December 31, except as described in subsection B of this section.

B. It shall be unlawful for any person fishing ~~with hook-and-line, rod-and-reel, or hand-line to possess more than five speckled trout from December 1 through March 31 in any year~~ commercially with commercial hook and line gear or recreationally with any gear type to take, harvest, or possess any speckled trout from March 1 through July 31, 2014.

C. It shall be unlawful for any person fishing recreationally with any gear type to possess more than three red drum.

D. It shall be unlawful for any person fishing commercially with any gear type to possess more than five red drum.

4VAC20-280-50. Commercial landings quota and daily bycatch limit.

A. For each 12-month period of September 1 through August 31, the commercial landings of speckled trout shall be limited to 51,104 pounds.

B. When it is projected and announced that 80% of the commercial landings quota has been taken, it shall be unlawful for any commercial fisherman registration licensee to take, harvest, land, or possess a daily bycatch limit of up to 100 pounds of speckled trout, and that daily bycatch landing limit of speckled trout shall consist of at least an equal amount of other fish species.

B. C. When it is projected that the commercial landings quota will be met by a certain date within the above period, the Marine Resources Commission will provide notice of the closing date for commercial harvest and landing of speckled trout during that period; and it shall be unlawful for any person to harvest or land speckled trout for commercial purposes after such closing date for the remainder of that period.

4VAC20-280-55. Seafood buyer reporting requirements.

On each Monday, from August 1 through November 30, of an open commercial season for speckled trout, any licensed seafood buyer who purchased speckled trout during the previous seven days shall contact the commission's interactive voice recording system and report any purchases of speckled trout, in pounds, during the previous seven days.

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from Article 2 of 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: 4VAC20-510. Pertaining to Amberjack and Cobia (amending 4VAC20-510-20, 4VAC20-510-33).

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

Effective Date: April 1, 2014.

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 a daily possession limit for cobia for any vessel operated by at least one legal commercial hook-and-line licensee of no more than six cobia, regardless of crew size.

4VAC20-510-20. Possession limits.

A. It shall be unlawful for any person fishing recreationally to possess more than two amberjack or more than one cobia at any time. Any amberjack or cobia caught after the possession limit has been reached shall be returned to the water immediately. When fishing from any boat or vessel where the entire catch is held in a common hold or container, the possession limit shall be for the boat or vessel and shall be equal to the number of persons on board legally eligible to fish multiplied by one for cobia or two for amberjack. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limit.

B. It shall be unlawful for any person fishing commercially to possess more than two amberjack or more than two cobia at any time, except as described in 4VAC20-510-33. Any amberjack or cobia caught after the possession limit has been reached shall be returned to the water immediately. When fishing from any boat or vessel where the entire catch is held in a common hold or container, the possession limit shall be for the boat or vessel and shall be equal to the number of persons on board legally eligible to fish multiplied by two. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limit.

4VAC20-510-33. Exceptions to possession limits and minimum size limits.

A. Nothing in 4VAC20-510-20 shall limit the possession of amberjack or cobia by licensed seafood buyers or wholesale and retail seafood establishments when operating in their capacity as buyer, wholesaler or retailer.

B. Nothing in 4VAC20-510-20 and 4VAC20-510-30 shall limit the possession of cobia by an aquaculture facility that is permitted in accordance with the provisions of 4VAC20-510-40.

C. Any person employed by a permitted cobia aquaculture facility for the purpose of harvesting cobia as broodstock for the aquaculture facility shall be exempt from the provisions of 4VAC20-510-20 and 4VAC20-510-30 provided that person possesses a scientific collection permit issued by the commissioner.

D. The daily possession limit for cobia for any vessel operated by at least one legal commercial hook-and-line licensee shall be no more than six cobia, regardless of the number of crew on that vessel.

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from Article 2 of 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: 4VAC20-620. Pertaining to Summer Flounder (amending 4VAC20-620-40).

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

Effective Date: March 31, 2014.

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 modify the start date and the extent of the landing period within the spring segment of the commercial offshore summer flounder fishery by establishing a consecutive 20-day landing period, beginning on the second Wednesday of March, for any legally licensed Summer Flounder Endorsement Licensee who lands in Virginia summer flounder that is harvested outside of Virginia waters.

4VAC20-620-40. Commercial vessel possession and landing limitations.

A. It shall be unlawful for any person harvesting Summer Flounder outside of Virginia's waters to do any of the following, except as described in subsections B, C, and D of this section:

1. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of 10% by weight of Atlantic croaker or the combined landings, on board a vessel, of black sea bass, scup, squid, scallops and Atlantic mackerel.

2. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of 1,500 pounds landed in combination with Atlantic croaker.

3. Fail to sell the vessel's entire harvest of all species at the point of landing.

B. From the ~~first Monday~~ second Wednesday in March through the day preceding the second Monday in November, or until it has been projected and announced that 85% of the allowable landings have been taken, it shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to do any of the following:

1. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of the combined total of the Virginia landing limit described in subdivision 3 of this subsection and the amount of the legal North Carolina landing limit or trip limit.

2. Land Summer Flounder in Virginia for commercial purposes more than twice during each consecutive ~~15-day~~ 20-day period, with the first ~~15-day~~ 20-day period beginning on the ~~first Monday~~ second Wednesday in March.

3. Land in Virginia more than 12,500 pounds of Summer Flounder during each consecutive ~~15-day~~ 20-day period, with the first ~~15-day~~ 20-day period beginning on the ~~first Monday~~ second Wednesday in March.

4. Land in Virginia any amount of Summer Flounder more than once in any consecutive five-day period.

C. From the second Monday in November through December 31 of each year, or until it has been projected and announced that 85% of the allowable landings have been taken, it shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to do any of the following:

1. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of the combined total of the Virginia landing limit described in subdivision 3 of this subsection and the amount of the legal North Carolina landing limit or trip limit.

2. Land Summer Flounder in Virginia for commercial purposes more than twice during each consecutive 15-day period, with the first 15-day period beginning on the second Monday in November.

3. Land in Virginia more than a total of 10,000 pounds of Summer Flounder during each consecutive 15-day period, with the first 15-day period beginning on the second Monday in November.

4. Land in Virginia any amount of Summer Flounder more than once in any consecutive five-day period.

D. From January 1 through December 31 of each year, any boat or vessel issued a valid federal Summer Flounder moratorium permit and owned and operated by a legal Virginia Commercial Hook-and-Line Licensee that possesses a Restricted Summer Flounder Endorsement shall be restricted to a possession and landing limit of 200 pounds of Summer Flounder, except as described in 4VAC20-620-30 F.

E. Upon request by a marine police officer, the seafood buyer or processor shall offload and accurately determine the total weight of all Summer Flounder aboard any vessel landing Summer Flounder in Virginia.

F. Any possession limit described in this section shall be determined by the weight in pounds of Summer Flounder as customarily packed, boxed and weighed by the seafood buyer or processor. The weight of any Summer Flounder in pounds found in excess of any possession limit described in this section shall be prima facie evidence of violation of this chapter. Persons in possession of Summer Flounder aboard any vessel in excess of the possession limit shall be in violation of this chapter unless that vessel has requested and been granted safe harbor. Any buyer or processor offloading or accepting any quantity of Summer Flounder from any vessel in excess of the possession limit shall be in violation of this chapter, except as described by subsection I of this section. A buyer or processor may accept or buy Summer Flounder from a vessel that has secured safe harbor, provided that vessel has satisfied the requirements described in subsection I of this section.

G. If a person violates the possession limits described in this section, the entire amount of Summer Flounder in that person's possession shall be confiscated. Any confiscated Summer Flounder shall be considered as a removal from the appropriate commercial harvest or landings quota. Upon confiscation, the marine police officer shall inventory the confiscated Summer Flounder and, at a minimum, secure two bids for purchase of the confiscated Summer Flounder from approved and licensed seafood buyers. The confiscated fish will be sold to the highest bidder and all funds derived from such sale shall be deposited for the Commonwealth pending court resolution of the charge of violating the possession limits established by this chapter. All of the collected funds will be returned to the accused upon a finding of innocence or forfeited to the Commonwealth upon a finding of guilty.

H. It shall be unlawful for a licensed seafood buyer or federally permitted seafood buyer to fail to contact the Marine Resources Commission Operation Station prior to a vessel offloading Summer Flounder harvested outside of Virginia. The buyer shall provide to the Marine Resources Commission the name of the vessel, its captain, an estimate of the amount in pounds of Summer Flounder on board that vessel, and the anticipated or approximate offloading time. Once offloading of any vessel is complete and the weight of the landed Summer Flounder has been determined, the buyer shall contact the Marine Resources Commission Operations Station and report the vessel name and corresponding weight of Summer Flounder landed. It shall be unlawful for any person to offload from a boat or vessel for commercial purposes any Summer Flounder during the period of 9 p.m. to 7 a.m.

I. Any boat or vessel that has entered Virginia waters for safe harbor shall only offload Summer Flounder when the state that licenses that vessel requests to transfer quota to Virginia, in the amount that corresponds to that vessel's possession limit, and the commissioner agrees to accept that transfer of quota.

J. After any commercial harvest or landing quota as described in 4VAC20-620-30 has been attained and announced as such, any boat or vessel possessing Summer Flounder on board may enter Virginia waters for safe harbor but shall contact the Marine Resources Commission Operation Center in advance of such entry into Virginia waters.

K. It shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to possess aboard any vessel, in Virginia, any amount of Summer Flounder, once it has been projected and announced that 100% of the quota described in 4VAC20-620-30 A has been taken.

Title of Regulation: 4VAC20-620. Pertaining to Summer Flounder (amending 4VAC20-620-40).

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

Effective dates: April 1, 2014, through April 30, 2014.

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.

Preamble:

The amendments establish a landing limit of 5,000 pounds for any person harvesting Summer Flounder outside of Virginia waters beginning April 1, 2014, and move the commercial season start date to April 1, 2014.

4VAC20-620-40. Commercial vessel possession and landing limitations.

A. It shall be unlawful for any person harvesting Summer Flounder outside of Virginia's waters to do any of the following, except as described in subsections B, C, and D of this section:

1. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of 10% by weight of Atlantic croaker or the combined landings, on board a vessel, of black sea bass, scup, squid, scallops and Atlantic mackerel.

2. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of 1,500 pounds landed in combination with Atlantic croaker.

3. Fail to sell the vessel's entire harvest of all species at the point of landing.

B. From ~~the second Wednesday in March~~ April 1, 2014, through the day preceding the second Monday in November, or until it has been projected and announced that 85% of the allowable landings have been taken, it shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to do any of the following:

1. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of the combined total of the Virginia landing limit described in subdivision 3 of this subsection and the amount of the legal North Carolina landing limit or trip limit.

2. Land Summer Flounder in Virginia for commercial purposes more than twice during each consecutive 20-day period, with the first 20-day period beginning ~~on the second Wednesday in March~~ April 1, 2014.

3. Land in Virginia more than ~~12,500~~ 5,000 pounds of Summer Flounder during each consecutive 20-day period, with the first 20-day period beginning ~~on the second Wednesday in March~~ April 1, 2014.