TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Final Regulation

REGISTRAR'S NOTICE: The following regulation filed by the Marine Resources Commission is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 12 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-1190. Pertaining to Gill Net Control Date (amending 4VAC20-1190-40).

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

Effective Date: January 1, 2010.

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 gill net vessel limit whereby only one Class A gill net permittee or only one Class B gill net permittee per vessel may harvest by gill net.

4VAC20-1190-40. Permit limitations.

A. Class A resident gill net permittees or Class A nonresident gill net permittees shall be authorized to purchase any number of gill net licenses provided the maximum footage associated with all purchased gill net licenses does not exceed 12,000 feet.

B. Class B gill net permittees shall be authorized to purchase any number of gill net licenses provided the maximum footage associated with all purchased gill net licenses does not exceed 6,000 feet.

C. A person who does not qualify for either a Class A resident gill net permit, Class A nonresident gill net permit or Class B gill net permit shall not be authorized to purchase any gill net license.

D. A legal gill net permit shall be in the possession of any gill net permittee or his agent who is placing, setting, or fishing that permittee's gill net.

E. It shall be unlawful for more than one gill net limited entry permittee aboard any vessel at any time to set, place, or fish any gill nets, except those gill nets legally licensed to only one gill net permittee.

VA.R. Doc. No. R10-2240; Filed November 30, 2009, 12:37 p.m.