Section 30. Commercial harvest quota and allowable landings

A. During each calendar year, allowable commercial landings of summer flounder shall be limited to a quota in total pounds calculated pursuant to the joint Mid-Atlantic Fishery Management Council/Atlantic States Marine Fisheries Commission Summer Flounder Fishery Management Plan, as approved by the National Marine Fisheries Service on August 6, 1992 (50 CFR Part 625); and shall be distributed as described in subsections B through G of this section.

B. The commercial harvest of summer flounder from Virginia tidal waters for each calendar year shall be limited to 300,000 pounds of the annual quota described in subsection A of this section. Of this amount, 142,114 pounds shall be set aside for Chesapeake Bay-wide harvest.

C. From the first Monday in January through October 31 the allowable landings of summer flounder harvested outside of Virginia shall be limited to an amount of pounds equal to 70.7% of the quota described in subsection A of this section after deducting the amount specified in subsection B of this section.

D. From November 1 through December 31, allowable landings of summer flounder harvested outside of Virginia shall be limited to an amount of pounds equal to 29.3% of the quota, as described in subsection A of this section, after deducting the amount specified in subsection B of this section, and as may be further modified by subsection E of this section.

E. Should landings from the first Monday in January through October 31 exceed or fall short of 70.7% of the quota described in subsection A of this section, any such excess shall be deducted from allowable landings described in subsection D of this section, and any such shortage shall be added to the allowable landings as described in subsection D of this section. Should the commercial harvest specified in subsection B of this section be projected as less than 300,000 pounds, any such shortage shall be added to the allowable landings described in subsection D of this section.

F. The Marine Resources Commission will give timely notice to the industry of the calculated poundages and any adjustments to any allowable landings described in subsections C and D of this section. It shall be unlawful for any person to harvest or to land summer flounder for commercial purposes after the commercial harvest or any allowable landings as described in this section have been attained and announced as such. If any person lands summer flounder after the commercial harvest or any allowable landing have been attained and announced as such, the entire amount of summer flounder in that person's possession shall be confiscated.

G. It shall be unlawful for any buyer of seafood to receive any summer flounder after any commercial harvest or landing quota as described in this section has been attained and announced as such.

Historical Notes

Derived from VR450-01-0081 § 3, eff. January 1, 1993; amended, Volume 10, Issue 10, eff. January 1, 1994; amended, Virginia Register Volume 10, Issue 10, eff. January 1, 1994; Volume 11, Issue 05, eff. October 28, 1994; Volume 11, Issue 14, eff. March 9, 1995; Volume 11, Issue 17, eff. April 25, 1995; Volume 13, Issue 01, eff. October 1, 1996; Volume 13, Issue 03, eff. October 1, 1996; Volume 14, Issue 09, eff. January 1, 1998; Volume 15, Issue 09, eff. January 1, 1999; Volume 16, Issue 05, eff. November 1, 1999; Volume 16, Issue 20, eff. May 25, 2000; Volume 17, Issue 10, eff. January 1, 2001; Volume 17, Issue 14, eff. March 1, 2001; Volume 18, Issue 08, eff. December 1, 2001; Volume 20, Issue 04, eff. October 15, 2003; Volume 24, Issue 10, eff. December 27, 2007; Volume 25, Issue 03, eff. October 1, 2008; Volume 26, Issue 08, eff. November 30, 2009; Volume 28, Issue 05, eff. November 1, 2011; Volume 31, Issue 09, eff. December 10, 2014; Volume 32, Issue 06, eff. November 1, 2015; Volume 32, Issue 21, eff. June 1, 2016.

Statutory Authority

§ 28.2-201 of the Code of Virginia.