4 Va. Admin. Code § 20-490-44 - Spiny dogfish limited entry fishery permit and permit transfers
A. It shall be
unlawful for any person to take, catch, possess, or land any spiny dogfish
without first having obtained a spiny dogfish limited entry fishery permit from
the Marine Resources Commission. Such permit shall be completed in full by the
permittee who shall keep a copy of that permit in his possession while fishing
for or selling spiny dogfish. Permits shall only be issued to Virginia
registered commercial fishermen meeting either of the criteria described in
subdivision 1 or 2 of this subsection:
1.
Shall have documentation of (i) harvest from a movable gill net for an average
of at least 60 days from 2006 through 2008, (ii) a minimum harvest of one pound
of spiny dogfish at any time from 2006 through 2008, and (iii) harvest of at
least one pound of spiny dogfish from May 1, 2010, through April 30, 2012, in
the Marine Resources Commission's mandatory harvest reporting system, except
that federal dealer reports to the Standard Atlantic Fisheries Information
System can satisfy the one pound harvest requirement, for May 1, 2010, through
April 30, 2012.
2. Shall have
documentation of (i) harvests that total greater than 10,000 pounds of spiny
dogfish in any one year from 2006 through 2008, and (ii) harvest of at least
one pound of spiny dogfish from May 1, 2010, through April 30, 2012, in the
Marine Resources Commission's mandatory harvest reporting system, except that
federal dealer reports to the Standard Atlantic Fisheries Information System
can satisfy the one pound harvest requirement, for May 1, 2010, through April
30, 2012.
B. Any smooth
dogfish or unidentified dogfish documented on Virginia mandatory reporting
forms as harvested during the months of November through February 2006 through
2008 shall be classified as spiny dogfish when determining eligibility for a
Spiny Dogfish Limited Entry Fishery Permit as described in subdivisions A 1 and
A 2 of this section.
C. It is
unlawful to transfer any spiny dogfish limited entry fishery permit after
November 23, 2009.
D. The use of
agents in the spiny dogfish fishery is prohibited.
E. The commissioner or his designee may grant
exceptions to the prohibition against transfers of the spiny dogfish limited
entry fishery permit as described in subsection C of this section to any
individual who meets any of the following criteria:
1. Demonstrates a significant hardship on the
basis of health and provides the commissioner documentation, by an attending
physician, of the medical condition.
2. Demonstrates a significant hardship on the
basis of a call to active military duty and provides the commissioner an
explanation, in writing, and copy of the military orders for active
duty.
3. Documents the retirement
or death of the immediate family member permitted for the spiny dogfish limited
entry fishery and possessing a legal Commercial Fisherman Registration
License.
Notes
Statutory Authority
§ 28.2-201 of the Code of Virginia.
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