4 Va. Admin. Code § 20-1270-40 - Purse seine menhaden bait sector; limited entry criteria; individual transferable quota system; and season
A. To qualify for limited entry to the purse
seine menhaden bait sector, the person or entity shall fulfill one of the
following requirements:
1. Have held a purse
seine license in 2011 and landed menhaden in Virginia in 2009, 2010, and 2011,
while using purse seine gear to harvest menhaden in one of those three
years;
2. Have provided the Marine
Resources Commission (commission) receipts and landings reports or other
requested reports as proof of landings and gear usage to demonstrate that the
criteria described in subdivision 1 of this subsection have been met;
or
3. Have received a valid
transfer of purse seine menhaden bait sector quota pursuant to subsection C of
this section.
B. The
commission shall establish an individual transferable quota (ITQ) system for
each purse seine menhaden bait licensee who meets the limited entry
requirements in subsection A of this section. The quota for this sector will be
allocated according to each qualified ITQ holder's individual percentage share
of the 2023 purse seine menhaden bait sector quota.
C. Any person or entity with an individual
percentage share of the purse seine menhaden bait sector quota, as provided in
subsection B of this section, may transfer purse seine menhaden bait sector
quota to any person or entity. The transfer of purse seine menhaden bait sector
quota by permanent percentage shareholders may be temporarily, within the same
year only, or permanently transferred and shall be documented on a form
provided by the commission, notarized by a lawful notary public, and approved
by the Commissioner of Marine Resources (commissioner) or the commissioner's
designee. Temporary percentage shareholders are not eligible to transfer purse
seine menhaden bait sector quota to another entity or person except back to the
original permanent shareholder the quota was received from.
D. Any person or entity with an individual
percentage share of the purse seine menhaden bait sector quota, temporary or
permanent, shall purchase a current Purse Seine Menhaden Bait Sector License
before harvesting any purse seine menhaden bait sector quota. Only a person or
entity with an individual percentage share of purse seine menhaden bait sector
quota may purchase a Purse Seine Menhaden Bait Sector License.
E. It shall be unlawful for any person or
entity without an individual share of the purse seine menhaden bait sector
quota and a current Purse Seine Menhaden Bait Sector License to harvest any
menhaden by purse seine for bait. It shall be unlawful for any Purse Seine
Menhaden Bait Sector Licensee to harvest any menhaden from the purse seine
menhaden bait sector once that licensee no longer possesses any unused purse
seine menhaden bait sector quota for that year.
F. The season for vessels with a gross weight
of less than 70 tons that use purse seine nets to take or catch menhaden for
purposes other than use as fish meal or oil shall be from the first Monday in
March up to, but not including, the first Monday in May.
Notes
Statutory Authority: § 28.2-201 of the Code of Virginia.
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