Section 155. Individual transferable shares monitoring and penalties

A. Any initial overage by any person of an individual commercial harvest quota during any calendar year shall be considered a first offense, with penalties prescribed according to the severity of the overage as described in subdivisions 1 through 5 of this subsection.

1. Any overages that are less than 76 pounds shall result in a warning being issued.

2. Any overages that range from 76 to 250 pounds shall result in a one year deduction of that overage from that individual commercial harvest quota during the following calendar year.

3. Any overages that range from 251 to 475 pounds shall result in a one year deduction of two times that overage from that individual commercial harvest quota during the following calendar year.

4. Any overages that range from 476 to 725 pounds shall result in that overage being permanently deducted from that individual commercial harvest quota and a one year suspension of that individual from the commercial fishery for striped bass.

5. Any overages that are greater than 725 pounds shall result in the revocation of that individual striped bass permit, and that person shall not be eligible to apply for a like permit for a period of two years from the date of revocation.

B. Any second overage by any person of an individual commercial harvest quota within five years of a previous offense shall result in penalties prescribed according to the severity of the overage as described in subdivisions 1 through 4 of this subsection.

1. Any overages that are less than 76 pounds shall result in a one year deduction of the overage from that individual commercial harvest quota during the following calendar year.

2. Any overages that range from 76 to 250 pounds shall result in a one year deduction of two times the overage from that individual commercial harvest quota during the following calendar year.

3. Any overages that range from 251 to 475 pounds shall result in the overage being permanently deducted from the individual commercial harvest quota and a one year suspension of that individual from the commercial fishery for striped bass.

4. Any overages that are greater than 475 pounds shall result in the revocation of that individual striped bass permit, and that individual shall not be eligible to apply for a like permit for a period of two years from the date of revocation.

C. Any third overage by any person of an individual commercial harvest quota within five years of two previous offenses shall result in penalties prescribed according to the severity of the overage as described in subdivisions 1 through 3 of this subsection.

1. Any overages that are less than 76 pounds shall result in a one year deduction of two times the overage from that individual commercial harvest quota during the following calendar year.

2. Any overages that range from 76 to 250 pounds shall result in the overage being permanently deducted from that individual commercial harvest quota and a one year suspension of the individual from the commercial fishery for striped bass.

3. Any overages that are greater than 250 pounds shall result in the revocation of that individual striped bass permit, and that person shall not be eligible to apply for a like permit for a period of two years from the date of revocation.

D. Any fourth overage by any person of an individual commercial harvest quota within five years of three previous offenses shall result in penalties prescribed according to the severity of the overage as described in subdivisions 1 and 2 of this subsection.

1. Any overages that are less than 76 pounds shall result in the overage being permanently deducted from that individual commercial harvest quota and a one year suspension of the individual from the commercial fishery for striped bass.

2. Any overages that are greater than 75 pounds shall result in the revocation of that individual striped bass permit, and that individual shall not be eligible to apply for a like permit for a period of two years from the date of revocation.

Historical Notes

Derived from Volume 23, Issue 08, eff. January 1, 2007; Volume 26, Issue 08, eff. January 1, 2010.

Statutory Authority

§ 28.2-201 of the Code of Virginia.