4VAC20-500 Pertaining to the Catching of Eels

REGULATIONS

Vol. 31 Iss. 10 - January 12, 2015

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Chapter 500

Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-500. Pertaining to the Catching of Eels (amending 4VAC20-500-45).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: January 1, 2015.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone [phone], FAX [phone], or email [e-mail].

Summary:

The amendments establish (i) an Eel Buyer Permit; (ii) reporting requirements for those who purchase eels from a legally licensed harvester; and (iii) a requirement that any lawful harvester who self-markets or retails eels to any person or business shall obtain an Eel Self-Market Permit.

4VAC20-500-45. Commercial season, permits, and reporting.

A. It shall be unlawful for any individual to harvest, take, catch, possess, or land any eels from September 1 through December 31 from any commercial gear, except from pots and traps.

B. It shall be unlawful for any individual legally licensed as a commercial seafood buyer to purchase or receive any quantity of eel landed in Virginia by any legally licensed harvester without first obtaining an Eel Buyer Permit from the commission.

C. It shall be unlawful for any individual to self-market any eels to any person or business unless that individual possesses a current eel self-market permit obtained from the commission.

D. It shall be unlawful for any eel self-market permittee to fail to report daily landing records of eels to the commission. These reports shall be completed in full and submitted monthly to the Marine Resources Commission no later than the fifth day of the following month.

E. It shall be unlawful for any eel buyer permittee permitted to purchase or receive eels landed in Virginia to fail to provide written reports to the Marine Resources Commission of daily purchases and harvest information on forms provided by the commission. Each eel buyer permittee will provide the commission the date of purchase, the harvester's Commercial Fisherman Registration License number, weight of eels purchased, and gear type. These reports shall be completed in full and submitted monthly to the Marine Resources Commission no later than the fifth day of the following month.

NOTICE: The following form used in administering the regulation was filed by the agency. The form is not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The form is also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (4VAC20-500)

American Eel Buyer Reporting Form (undated)

VA.R. Doc. No. R15-4229; Filed December 17, 2014, 8:48 a.m.