4 Va. Admin. Code § 20-610-30 - Commercial Fisherman Registration License; exceptions and requirements of authorized agents
A. In accordance
with § 28.2-241C of the Code of Virginia, only persons who hold a valid
Commercial Fisherman Registration License may sell, trade, or barter their
harvest, or give their harvest to another, in order that it may be sold,
traded, or bartered. Only these licensees may sell their harvests from Virginia
tidal waters, regardless of the method or manner in which caught. Exceptions to
the requirement to register as a commercial fisherman for selling harvest are
authorized for the following persons or firms only:
1. Persons taking menhaden under the
authority of licenses issued pursuant to § 28.2-402 of the Code of
Virginia.
2. Persons independently
harvesting and selling, trading, or bartering no more than three gallons of
minnows per day who are not part of, hired by, or engaged in a continuing
business enterprise.
a. Only minnow pots, a
cast net or a minnow seine less than 25 feet in length may be used by persons
independently harvesting minnows.
b. All other marine species taken during the
process of harvesting minnows shall be returned to the water
immediately.
B. Requirements of authorized agents.
1. No person whose Commercial Fisherman
Registration License, fishing gear license, or fishing permit is currently
revoked or rescinded by the Marine Resources Commission pursuant to §
28.2-232 of the Code of Virginia is authorized to possess the Commercial
Fisherman Registration License, fishing gear license, or fishing permit of any
other registered commercial fisherman in order to serve as an agent for fishing
the commercial fisherman's gear or selling the harvest.
2. No registered commercial fisherman shall
use more than one person as an agent at any time.
3. Any person serving as an agent shall
possess the Commercial Fisherman Registration License and gear license of the
commercial fisherman while fishing.
4. When transporting or selling a registered
commercial fisherman's harvest, the agent shall possess either the Commercial
Fisherman Registration License of that commercial fisherman or a bill of lading
indicating that fisherman's name, address, Commercial Fisherman Registration
License number, date and amount of product to be sold.
C. Requirements of authorized blue crab
fishery agents.
1. Any person licensed to
harvest blue crabs commercially shall not be eligible to also serve as an
agent.
2. Any person serving as an
agent to harvest blue crabs for another licensed fisherman shall be limited to
the use of only one registered commercial fisherman's crab license; however, an
agent may fish multiple crab traps licensed and owned by the same
person.
3. There shall be no more
than one person, per vessel, serving as an agent for a commercial crab
licensee.
4. Prior to using an
agent in any crab fishery, the licensee shall submit a crab agent registration
application to the commission. Crab agent registration applications shall be
approved by the commissioner, or his designee, for a crab fishery licensee
according to the following guidelines:
a. Only
125 agents may participate annually in the crab fishery, as described in
subdivision 4 b of this subsection, unless the commissioner, or his designee,
approves a request for agent use because of a non-economic hardship
circumstance and
b. 125 agents may
be utilized by those crab fishery licensees who received approval for agent use
in 2012 or who currently are licensed by a transferred crab fishery license
from a licensee approved for agent use in 2012, except that should any of these
licensees described in this subdivision fail to register for agent use by March
1, applications for agent use by other licensees shall be approved on a
first-come, first-served basis, starting with those licensees who have
registered prior to March 1.
D. Failure to abide by any of the provisions
of this section shall constitute a violation of this regulation.
E. In accordance with § 28.2-241H of the
Code of Virginia, only persons with a valid Commercial Fisherman Registration
License may purchase gear licenses. Beginning with licenses for the 1993
calendar year and for all years thereafter, gear licenses will be sold only
upon presentation of evidence of a valid Commercial Fisherman Registration
License.
Exceptions to the prerequisite requirement are authorized for the following gears only and under the conditions described below:
1. Menhaden purse seine licenses issued
pursuant to § 28.2-402 of the Code of Virginia may be purchased without
holding a Commercial Fisherman Registration License.
2. Commercial gear licenses used for
recreational purposes and issued pursuant to § 28.2-226.2 of the Code of
Virginia may be purchased without holding a Commercial Fisherman Registration
License.
F. On or after
January 1, 1993, fishermen not registered as commercial fishermen but who
desire to sell their catch shall apply to the commission for a Commercial
Fisherman Registration License. The effective date of status as a commercial
fisherman shall be two years from the date the application is approved by the
commission. A person whose registration as a commercial fisherman is not
effective shall not sell, trade, or barter his catch or give his catch to
another in order that it may be sold, traded, or bartered.
G. Exceptions to the two-year delay described
in subsection F of this section may be granted by the commissioner or his
designee, if any of the following criteria are met:
1. The applicant is purchasing another
fisherman's Commercial Fisherman Registration License, and the seller holds a
valid, current Commercial Fisherman Registration License and surrenders that
license to the commission at the time the license is sold.
2. An immediate member of the applicant's
family who holds a current Commercial Fisherman Registration License has died
or is retiring from the commercial fishery and the applicant intends to
participate in the fishery.
3. The
applicant purchased a valid Commercial Fisherman Registration License during
the preceding year, did not transfer that Commercial Fisherman Registration
License, and can demonstrate a significant hardship on the basis of health or
active military duty as described in subdivision 4 of this
subsection.
4. Any exceptions based
on a health condition shall only be granted by the commissioner or his designee
only after receipt of an attending physician's description of the medical
condition. Any exception based on active military duty shall only be granted by
the commissioner or his designee after receipt of those military
orders.
Notes
Statutory Authority: § 28.2-201 of the Code of Virginia.
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