Section 39. Permit transfers

A. The commissioner or his designee may approve transfers of a horseshoe crab permit, as described in 4VAC20-900-21, to any individual who meets any of the following criteria:

1. Demonstrates a significant hardship on the basis of health and provides the commissioner documentation by an attending physician of the medical condition.

2. Demonstrates a significant hardship on the basis of a call to active military duty and provides the commissioner an explanation in writing and copy of the military orders for active duty.

3. Documents the death of an immediate family member eligible for a horseshoe crab license or permit and possessing a legal Commercial Fisherman Registration License.

B. The documented harvest history of a former horseshoe crab licensee or permittee, in the commission's mandatory harvest reporting system, whose horseshoe crab license or permit has been transferred in accordance with subsection A of this section from May 1, 2011, through December 10, 2013, shall be considered when determining permit requirements of any individual receiving the transferred license or permit.

Historical Notes

Derived from Volume 29, Issue 10, eff. January 10, 2013; amended, Virginia Register Volume 30, Issue 10, eff. January 1, 2014.

Statutory Authority

§ 28.2-201 of the Code of Virginia.