Section 50. Commercial fishing season

A. The open seasons on grey trout harvested by pound net shall be April 1 through April 30 and May 23 through September 12. The closed seasons on grey trout harvested by pound net shall be May 1 through May 22 and September 13 through March 31 except as provided in subdivision 1 of this subsection.

1. Any pound net fisherman who holds 2 or 3 pound net licenses in accordance with the provisions of 4VAC20-600 may forfeit only one of those licenses to be exempt from the closed seasons as established in this subsection. Any pound net fisherman who holds 4, 5, or 6 pound net licenses in accordance with the provisions of 4VAC20-600 may forfeit only two of those licenses to be exempt from the closed seasons as established in this subsection. Any pound net fisherman who holds 7, 8, or 9 pound net licenses in accordance with the provisions of 4VAC20-600 may forfeit only three of those licenses to be exempt from the closed seasons as established in this subsection. Forfeiture of any license shall be through March 31, of each fishing season, and shall occur prior to May 1 of each fishing season.

2. Any pound net licensee who forfeits a license pursuant to subdivision 1 of this subsection shall retain his priority rights to such locations for future licensing until April 1 of the following fishing season. Any pound net fisherman who forfeits one or more pound net licenses may reclaim such licenses during the period of March 15 of the current fishing season through April 1 of the following fishing season, but shall not set or fish any pound nets provided for by such licenses prior to April 1.

3. Those pound net licensees who hold multiple gear licenses and satisfy the requirement of subdivision 1 of this subsection may transfer an unused license to a licensee who holds a single pound net license.

B. The open seasons on grey trout harvested by gill net shall be April 1 through May 13, October 21 through December 30, and March 16 through March 31. The closed seasons on grey trout harvested by gill net shall be May 14 through October 20 and December 31 through March 15.

C. The open seasons on grey trout harvested by haul seine shall be April 16 through June 10 and August 21 through September 24. The closed seasons on grey trout harvested by haul seine shall be April 1 through April 15, June 11 through August 20, and September 25 through March 31.

D. The open season on landing grey trout harvested by trawl shall be April 1 through September 25. The closed season on landing grey trout harvested by trawl shall be September 26 through March 31.

E. During any open season described in subsections A, B, C, and D of this section, the boat or vessel possession limit for grey trout shall be 100 pounds per day or trip, whichever is the longer period of time.

F. During any closed season described in subsections A, B, C, and D of this section, the boat or vessel possession limit for grey trout taken as bycatch in other directed fisheries shall be 100 pounds per day or trip, whichever is the longer period of time. Further, during any closed season described in subsections A, B, C, and D of this section, it shall be unlawful for any person to do any of the following:

1. Possess any grey trout less than 12 inches in total length.

2. Possess aboard any vessel or land any quantity of grey trout that is more than the total weight of species other than grey trout on board the vessel.

G. For any gear type not subject to a closed season, nor described in subsections A, B, C, or D of this section, the vessel possession limit shall be 100 pounds per day or trip, whichever is the longer period of time.

Historical Notes

Derived from VR450-01-0050 § 5, eff. August 1, 1988; amended, Volume 08, Issue 22, eff. July 1, 1992; Volume 10, Issue 25, eff. July 29, 1994; Volume 11, Issue 03, eff. October 4, 1994; Volume 11, Issue 07, eff. December 1, 1994; Volume 11, Issue 16, eff. April 4, 1995; Volume 12, Issue 02, eff. September 27, 1995; Volume 12, Issue 18, eff. May 1, 1996; Volume 13, Issue 01, eff. September 1, 1996; Volume 17, Issue 23, eff. July 1, 2001; Volume 19, Issue 14, eff. March 1, 2003; Volume 23, Issue 21, eff. October 1, 2007; Volume 26, Issue 15, eff. May 1, 2010.

Statutory Authority

§ 28.2-201 of the Code of Virginia.