4 Va. Admin. Code § 20-995-20 - Entry limitation; catch restrictions; transfers
A. The sale of commercial hook-and-line
licenses shall be limited to registered commercial fishermen meeting either of
the following two requirements, except as provided by subsection B of this
section:
1. The fisherman shall possess a
valid Commercial Fisherman Registration License and eligibility for the
commercial hook-and-line license by reporting sales of at least 1,000 pounds of
seafood during the course of the previous two calendar years as documented by
the commission's mandatory harvest reporting program.
2. The fisherman shall possess a valid and
current striped bass permit issued by the Marine Resources Commission in
accordance with 4VAC20-252.
B. The fisherman otherwise qualified under
subdivision A 1 of this section shall be granted an exemption from the
requirement to report sales of at least 1,000 pounds of seafood during the
course of the previous two calendar years as documented by the commission's
mandatory harvest reporting system when the following conditions are met:
1. Exemptions shall be solely based on a
documented medical condition or active military service that prevented the
fisherman from fully satisfying the requirements described in subdivision A 1
of this section; and
2. Exemptions
shall only be granted by the commissioner or the commissioner's
designee.
C. The maximum
number of general hook-and-line licenses is established as 200.
D. A random drawing for available commercial
hook-and-line licenses shall be held annually should the number of licensees by
the fifth day of January in the current calendar year be less than 200.
Commercial Fisherman Registration Licensees who have reported sales of at least
1,000 pounds of seafood harvest during the course of the previous two calendar
years by the fifth day of January of the current calendar year, as documented
by the commission's mandatory harvest reporting program, but who do not
currently possess a commercial hook-and-line license shall be eligible for the
random drawing.
E. Persons who are
eligible to purchase a commercial hook-and-line license by meeting the
provisions of subdivision A 2 of this section may take only striped bass by
commercial hook and line.
F. Any
person licensed for commercial hook and line under the provisions of
subdivision A 1 of this section may transfer such license to any registered
commercial fisherman, provided:
1. The
transferee has a Commercial Fisherman Registration License.
2. Both the transferee and transferor have
reported sales of at least 1,000 pounds of seafood harvest during the course of
the previous two calendar years by the fifth day of January as documented by
the commission's mandatory harvest reporting program.
3. All transfers shall be documented on a
form provided by the Marine Resources Commission and approved by the Marine
Resources Commissioner or the commissioner's designee. Upon approval, the
person entering the commercial hook-and-line fishery shall purchase a
commercial hook-and-line license in his own name.
4. Transfers of commercial hook-and-line
licenses between immediate family members shall be exempt from the requirements
provided in subdivision 2 of this subsection.
5. No commercial hook-and-line license shall
be transferred more than once per calendar year.
Notes
Statutory Authority: § 28.2-201 of the Code of Virginia.
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