4 Va. Admin. Code § 20-610-60 - Mandatory harvest reporting
A.
It shall be unlawful for any valid commercial fisherman registration licensee,
seafood landing licensee, oyster aquaculture product owner permittee, or clam
aquaculture product owner permittee to fail to fully report harvests and
related information as set forth in this chapter.
B. It shall be unlawful for any recreational
fisherman, charter boat captain, head boat captain, commercial fishing pier
operator, or owner of a private boat licensed pursuant to §§
28.2-302.7
through
28.2-302.9
of the Code of Virginia, to fail to report recreational harvests, upon request,
to those authorized by the commission.
C. All registered commercial fishermen and
any valid seafood landing licensee shall complete a daily form accurately
quantifying and legibly describing that day's harvest from Virginia tidal
waters and federal waters. The forms used to record daily harvest shall be
those provided by the commission or another form or method approved by the
commission. Registered commercial fishermen and seafood landing licensees may
use more than one form when selling to more than one buyer.
D. Any oyster aquaculture product owner
permittee or clam aquaculture product owner permittee shall provide monthly
harvest records accurately quantifying and legibly describing that month's
harvest from Virginia tidal waters as described in subsection H of this
section. All records shall only be submitted through the Online Mandatory
Harvest Reporting Program Web Application.
E. Registered commercial fishermen, seafood
landing licensees, valid oyster aquaculture product owner permittees, and valid
clam aquaculture product owner permittees shall submit a monthly harvest report
to the commission no later than the fifth day of the following month, except as
described in subsection F of this section. This report shall be accompanied by
the daily harvest records described in subsection H of this section. Completed
forms shall be mailed or delivered to the Virginia Marine Resources Commission,
380 Fenwick Road, Building 96, Fort Monroe, VA 23651, or be submitted through
the Online Mandatory Harvest Reporting Program Web Application.
F. All reports of the commercial harvest of
cobia shall only be submitted through the Mandatory Harvest Reporting Program
Web Application. This report shall provide daily harvest records from Sunday
through Saturday as described in subsection H of this section and be submitted
on a weekly basis no later than Wednesday of the following week.
G. All reports of the commercial harvest of
oysters or blue crabs shall only be submitted through the Online Mandatory
Harvest Reporting Program Web Application. This report shall provide daily
harvest records of oysters or blue crabs as described in subsection H of this
section and be submitted no later than the fifth day of the following
month.
H. The harvest report
requirements shall be as follows:
1.
Registered commercial fishermen shall be responsible for providing a harvest
report and daily harvest records that include the name and signature of the
registered commercial fisherman and the commercial fisherman's registration
license number; the name and license registration number of any agent, if used;
the license registration number of no more than five additional harvesters who
were not serving as agents; any buyer or private sale information; the date of
any harvest; the city or county of landing that harvest; the water body fished,
gear type, and amount of gear used for that harvest; the number of hours any
gear was fished and the number of hours the registered commercial fisherman
fished; the number of crew on board, including captain; species harvested;
market category; live weight or processed weight of species harvested; and
vessel identification (Coast Guard documentation number, Virginia license
number, or hull/VIN number). Any information on the price paid for the harvest
may be provided voluntarily.
2. The
harvest report from oyster aquaculture product owner permittees and clam
aquaculture product owner permittees shall include the name, signature, permit
number, lease number, date of the last day of the reporting month, city or
county of landing, gear (growing technique) used, weight or amount of species
harvested by market category, total number of individual crew members for the
month, and buyer or private sale information.
3. The harvest report and daily harvest
records from seafood landing licensees shall include the name and signature of
the seafood landing licensee and the licensee's seafood landing license number;
buyer or private sale information; date of harvest; city or county of landing;
water body fished; gear type and amount used; number of hours gear fished;
number of hours the seafood landing licensee fished; number of crew on board,
including captain; non-federally permitted species harvested; market category;
live weight or processed weight of species harvested; and vessel identification
(Coast Guard documentation number, Virginia license number, or hull/VIN
number).
I. Registered
commercial fishermen, oyster aquaculture product owner permittees and clam
aquaculture product owner permittees not fishing during a month, or seafood
landing licensees not landing in Virginia during a month shall so notify the
commission no later than the fifth of the following month by postage paid
postal card provided by the commission or by calling the commission's toll free
telephone line or through the Online Mandatory Harvest Reporting Program Web
Application.
J. Any person licensed
as a commercial seafood buyer pursuant to §
28.2-228
of the Code of Virginia shall maintain for a period of one year a copy of each
fisherman's daily harvest record form for each purchase made. Such records
shall be made available upon request to those authorized by the
commission.
K. The reporting of the
harvest of federally permitted species from beyond Virginia's tidal waters that
are sold to a federally permitted dealer shall be exempt from the procedures
described in this section.
L. The
owner of any purse seine vessel or bait seine vessel (snapper rig) licensed
under the provisions of §
28.2-402
of the Code of Virginia shall submit the Captain's Daily Fishing Reports to the
National Marine Fisheries Service, in accordance with provisions of Amendment 1
to the Interstate Fishery Management Plan of the Atlantic States Marine
Fisheries Commission for Atlantic Menhaden, which became effective July
2001.
M. Registered commercial
fishermen, seafood landing licensees, and licensed seafood buyers shall allow
those authorized by the commission to sample harvest and seafood products to
obtain biological information for scientific and management purposes only. Such
sampling shall be conducted in a manner that does not hinder normal business
operations.
N. Registered
commercial fishermen, seafood landing licensees, oyster aquaculture product
owner permittees, and clam aquaculture product owner permittees shall maintain
their harvest records for one year and shall make them available upon request
to those authorized by the commission.
Notes
Statutory Authority: § 28.2-201 of the Code of Virginia.
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