4VAC20-110 Pertaining to Lobsters

REGULATIONS

Vol. 32 Iss. 4 - October 19, 2015

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Chapter 110

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: 4VAC20-110. Pertaining to Lobsters (amending 4VAC20-110-60, 4VAC20-110-65).

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

Effective Date: October 1, 2015.

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

Summary:

The amendments establish a no-cost commercial lobster permit required for (i) any American lobster harvester using any gear or methods other than lobster traps in Virginia waters and (ii) any boat or vessel to possess or land American lobster in Virginia for commercial purposes.

4VAC20-110-60. License required and permit requirements.

A. In accordance with the provisions of § 28.2-201 of the Code of Virginia, the Marine Resources Commission does hereby establish a Lobster Boat License to be valid for one calendar year and does hereby require that each such vessel engaged in the fishing for or landing of lobster within or upon the waters within the jurisdiction of the Commonwealth procure and display such license provided that such vessel be not otherwise licensed for fishing by the Marine Resources Commission or engaged in the use of fishing gear that is not otherwise licensed by the Marine Resources Commission.

B. In accordance with the provisions of § 28.2-201 of the Code of Virginia, the Marine Resources Commission establishes a no cost commercial lobster permit for any American lobster harvester using any gear or methods other than lobster traps in Virginia waters.

C. It shall be unlawful for any boat or vessel to possess or land American lobster in Virginia for commercial purposes without first obtaining a Virginia lobster permit, as described in subsection B of this section, or a Federal Lobster Permit.

4VAC20-110-65. Landing limit.

Landings by fishermen using gear or methods other than lobster traps (nontrap fishermen) shall be limited to no more than 100 lobsters per day (based on a 24-hour period) up to a maximum of 500 lobsters per trip, for trips five days or longer. Possession by any nontrap fishermen aboard any vessel on Virginia waters or the landing by any nontrap fishermen of quantities greater than those specified shall constitute a violation of this chapter.

VA.R. Doc. No. R16-4501; Filed September 24, 2015, 2:27 p.m.