Section 65. Noncompliance

A. Any initial violation of 4VAC20-610-60 by any registered commercial fisherman, oyster aquaculture product owner permittee, clam aquaculture product owner permittee, or seafood landing licensee shall be subject to penalties as described in subdivisions 1 through 4 of this subsection.

1. Any failure to report harvest or no harvest activity or no landing in Virginia within one to three months after that report was due shall result in a minimum of one year of probation.

2. Any failure to report harvest or no harvest activity or no landing in Virginia within four to six months after that report was due shall result in a minimum of two years of probation.

3. Any failure to report harvest or no harvest activity or no landing in Virginia within seven to 12 months after that report was due shall result in a minimum of six months of suspension of all commercial licenses and permits.

4. Any failure to report harvest or no harvest activity or no landing in Virginia more than 12 months after that report was due shall result in a minimum of one year of suspension of all commercial licenses and permits.

B. Any second or subsequent violation of 4VAC20-610-60 by any registered commercial fisherman, oyster aquaculture product owner permittee, clam aquaculture product owner permittee, or seafood landing licensee may be subject to having his commercial licenses and permits suspended by the commission.

Historical Notes

Derived from Volume 26, Issue 09, eff. January 1, 2010.

Statutory Authority

§ 28.2-201 of the Code of Virginia.