Section 20. Entry limitation; catch restrictions; transfers

A. The sale of commercial hook-and-line licenses shall be limited to registered commercial fishermen meeting either of the following two requirements, except as provided by subsection B of this section:

1. The fisherman shall have held a 1996 commercial hook-and-line license or a 1997 commercial hook-and-line license that was purchased prior to August 26, 1997, provided the fisherman has reported sales of at least 1,000 pounds of seafood during the course of the previous two years as documented by the commission's mandatory harvest reporting program.

2. The fisherman shall hold a valid and current striped bass permit issued by the Marine Resources Commission.

B. The fisherman otherwise qualified under subdivision A 1 of this section shall have been granted an exemption from the requirement to report sales of at least 1,000 pounds of seafood during the course of the previous two years as documented by the commission's mandatory harvest reporting system.

1. Exemptions shall be solely based only on documented medical hardships or active military leave that prevented the fisherman from fully satisfying the requirements described in subdivision A 1 of this section.

2. Exemptions may only be granted by the commissioner or his designee.

C. The maximum number of general hook-and-line licenses is established as 200.

D. A random drawing for available commercial hook-and-line licenses shall be held annually should the number of licensees at the start of any year be less than 200. Commercial Fisherman Registration Licensees who have reported sales of at least 1,000 pounds of seafood harvest during the course of the previous two years by the 5th day of January as documented by the commission's mandatory harvest reporting program, but who do not currently possess a hook-and-line license, shall be eligible for the random drawing.

E. Persons who are eligible to purchase a commercial hook-and-line license by meeting the provisions of subdivision A 2 of this section may take only striped bass by commercial hook and line.

F. Any person licensed for commercial hook and line under the provisions of subdivision A 1 of this section may transfer such license to any registered commercial fisherman, provided:

1. The transferee has a Commercial Fisherman Registration License.

2. The transferee has reported sales of at least 1,000 pounds of seafood harvest during the course of the previous two years by the 5th day of January, as documented by the commission's mandatory harvest reporting program.

3. All transfers shall be documented on a form provided by the Marine Resources Commission and approved by the Marine Resources Commissioner or his designee. Upon approval, the person entering the commercial hook-and-line fishery shall purchase a commercial hook-and-line license in his own name.

4. Transfers of commercial hook-and-line licenses between family members shall be exempt from the requirements provided in subdivision 2 of this subsection.

5. No commercial hook-and-line license shall be transferred more than once per calendar year.

Historical Notes

Derived from Volume 14, Issue 05, eff. December 1, 1997; amended, Virginia Register Volume 15, Issue 18, eff. May 1, 1999; Volume 17, Issue 05, eff. October 30, 2000; Volume 17, Issue 12, eff. January 26, 2001; Volume 17, Issue 14, eff. March 1, 2001; Volume 27, Issue 08, eff. December 1, 2010.

Statutory Authority

§§ 28.2-201 and 28.2-204.1 of the Code of Virginia.