4VAC20-20 Pertaining to the Licensing of Fixed Fishing Devices

REGULATIONS

Vol. 31 Iss. 17 - April 20, 2015

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Chapter 20

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: 4VAC20-20. Pertaining to the Licensing of Fixed Fishing Devices (amending 4VAC20-20-20, 4VAC20-20-30).

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

Effective Date: April 1, 2015.

Agency Contact: Robert O'Reilly, Chief, Fisheries Management Division, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone [phone], FAX [phone], or email [e-mail].

Summary:

The amendments modify gear management measures and definitions pertaining to pound nets to include the year-round use of modified pound net leaders for offshore Virginia pound nets in the federal Bottlenose Dolphin Pound Net Regulated Area, the seasonal use of modified pound net leaders in federal Pound Net Area II, and compliance requirements.

4VAC20-20-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Bottlenose Dolphin Pound Net Regulated Area" means all Virginia marine waters of the Atlantic Ocean within three nautical miles (5.56 km) of shoreline and all adjacent tidal waters bounded on the north by the Maryland-Virginia state line from 38° 00.85' N. latitude, 75° 22.70' W. longitude seaward to 38° 02.03' N. latitude, 75° 09.80' W. longitude; on the south by the North Carolina-Virginia state line from 36° 33.03' N. latitude, 75° 48.27' W. longitude landward to 36° 33.02' N. latitude, 75° 52.05' W. longitude; and all waters of the mainstem of the Chesapeake Bay, James River (Hampton Roads), York River, and Mobjack Bay; seaward of the Hampton Roads Bridge-Tunnel (U.S. Route 60/I-64) on the James River; seaward of the George P. Coleman Memorial Bridge (U.S. Route 17) on the York River; and south of a line beginning at a point at 37° 19.0' N. latitude, 76° 26.75' W. longitude, a point on the Severn River fork, near Stump Point; thence easterly to a point at 37° 19.0' N. latitude, 76° 13.0' W. longitude; thence southerly to a point at 37° 13.0' N. latitude, 76° 13.0' W. longitude; thence easterly to a point at 37° 13.0' N. latitude, 76° 00.75' W. longitude near Elliotts Creek.

"Fixed fishing device" means any fishing device used for the purpose of catching fish and requiring the use of more than two poles or stakes that have been pushed or pumped into the bottom.

"Fyke net" means a round stationary net distended by a series of hoops or frames, covered by web netting or wire mesh and having one or more internal funnel-shaped throats whose tapered ends are directed away from the mouth of the net. The net, leader, or runner is held in place by stakes or poles that have been pushed or pumped into the bottom and has one or two wings and a leader or runner to help guide the fish into the net.

"Hard lay lines" mean lines that are at least as stiff as 5/16 inch (0.8 cm) diameter line composed of polyester wrapped around a blend of polypropylene and polyethylene and 42 visible twists of strands per foot of line.

"Inshore pound net" means a pound net that has a leader or runner that originates within 10 horizontal feet from the mean low water line.

"Modified pound net leader" means a fixed fishing device pound net leader that is affixed to or resting on the sea floor and made of a lower portion of mesh and an upper portion of only vertical lines such that (i) the mesh size is equal to or less than eight inches stretched mesh; (ii) at any particular point along the leader, the height of the mesh, from sea floor to the top of the mesh, is no more than one-third the depth of the water at mean low water directly above that particular point; (iii) the mesh is held in place by a bottom chain that forms the lowermost part of the pound net leader and the vertical lines that extend from the top of the mesh up to the a top of the line, which is a line that forms the uppermost part of the fixed fishing device pound net leader; (iv) the vertical lines are equal to or greater than 5/16 inch in diameter and strung vertically at least a minimum of every two feet; and (v) the vertical lines are hard lay lines with a vertical stiffness equivalent to the stiffness of a 5/16 diameter line composed of polyester wrapped around a blend of polypropylene and polyethylene and containing approximately 42 visible twists of strands per foot of line.

"Nearshore pound net leader or nearshore pound net" means a pound net that has every part of the leader, from the most offshore pole at the pound end of the leader to the most inshore pole of the leader, in less than 14 feet (4.3 m) of water at any tidal condition.

"Officer" means the marine police officer in charge of the district within which the fixed fishing device is located.

"Offshore pound net leader or offshore pound net" means a pound net with any part of the leader, from the most offshore pole at the pound end of the leader to the most inshore pole of the leader, in water greater than or equal to 14 feet (4.3 m) at any tidal condition.

"Pound net" means a stationary fishing device supported by stakes or poles that have been pushed or pumped into the bottom consisting of an enclosure identified as the head or pocket with a netting floor, a heart, and a straight wall, leader, or runner to help guide the fish into the net fixed entrapment gear attached to posts or stakes with three continuous sections from offshore to inshore consisting of (i) a pound made of mesh netting that entraps the fish; (ii) at least one heart made of a mesh netting that is generally in the shape of a heart and aids in funneling fish into the pound; and (iii) a leader, which is a long, straight element consisting of mesh or vertical lines that directs the fish offshore towards the pound.

"Pound Net Regulated Area I" means Virginia waters of the mainstem Chesapeake Bay, south of 37°19.0′ north latitude, and west of 76°13.0′ west longitude, and all waters south of 37°13.0′ north latitude to the Chesapeake Bay Bridge Tunnel (extending from approximately 37°05′ north latitude, 75°59′ west longitude to 36°55′ north latitude, 76°08′ west longitude) at the mouth of the Chesapeake Bay, and the portion of the James River downstream of the Hampton Roads Bridge Tunnel (I-64; approximately 36°59.55′ north latitude, 76°18.64′ west longitude) and the York River downstream of the Coleman Memorial Bridge (Route 17; approximately 37°14.55′ north latitude, 76°30.40′ west longitude). all waters of the mainstem of the Chesapeake Bay, James River (Hampton Roads), York River, and Mobjack Bay west of the Chesapeake Bay Bridge-Tunnel (U.S. Route 17); seaward of the Hampton Roads Bridge-Tunnel (U.S. Route 60/I-64) on the James River; seaward of the George P. Coleman Memorial Bridge (U.S. Route 17) on the York River; and south of a line beginning at a point 37° 19.0' N. latitude, 76° 26.75' W. longitude, a point on the Severn River fork, near Stump Point; thence easterly to a point at 37° 19.0' N. latitude, 76° 13.0' W. longitude; thence southerly to a point at 37° 13.0' N. latitude, 76° 13.0' W. longitude; thence easterly to a point at 37° 13.0' N. latitude, 76° 00.75' W. longitude near Elliotts Creek.

"Pound Net Regulated Area II" means all waters of the mainstem of the Chesapeake Bay, James River (Hampton Roads), York River, Mobjack Bay, Piankatank River, Rappahannock River, and the Great Wicomico River, outside of Pound Net Regulated Area I, south of 37° 07' N. latitude from Kiptopeake to Smith Island, Northampton County; west of the COLREGS Line at the mouth of the Chesapeake Bay; seaward of the Hampton Roads Bridge-Tunnel (U.S. Route 60/I-64); seaward of the George P. Coleman Memorial Bridge (U.S. Route 17); seaward of the John Andrew Twigg Bridge (VA Route 3) on the Piankatank River; seaward of the Robert Opie Norris Bridge (VA Route 3) on the Rappahannock River; seaward of the Jessie Dupont Memorial Bridge (VA Route 200) on the Great Wicomico River; and south of the Maryland-Virginia state line.

"Staked gill net" means a fixed fishing device consisting of an upright fence of netting fastened to poles or stakes that have been pushed or pumped into the bottom.

4VAC20-20-30. Location, measurements, and modified pound net leader requirements.

A. A fixed fishing device shall be perpendicular to the shoreline insofar as possible.

B. In determining compliance with the requirements prescribing minimum distances between fixed fishing devices, measurement shall be made from the center line of each device.

C. An applicant shall state the desired length of the fixed fishing device, which shall not exceed the maximum limit prescribed by law. Such length shall be stated on any license issued by the officer. A licensee may apply for a new license to include a greater length provided such additional length does not make the device exceed the maximum legal length or the legal requirement of a minimum distance between successive fishing structures in the same row. In the event a licensee fishes a length less than that stated on the license, the unfished length shall be subject to the provisions of 4VAC20-20-50 B.

D. Any fixed fishing device, including but not limited to pound net and fyke net gear, offshore pound net, licensed and fished in Virginia tidal waters located east of the Chesapeake Bay Bridge and Tunnel within the Bottlenose Dolphin Pound Net Regulated Area, shall be equipped with a modified pound net leader as defined in 4VAC20-20-20 year-round. In addition, it shall be the responsibility of the licensee of any fixed fishing device licensed in Virginia tidal waters located east of the Chesapeake Bay Bridge and Tunnel to contact the Virginia Marine Police and the National Marine Fisheries Service at least 72 hours before any modified leader is to be deployed for an inspection of the fixed fishing device's leader design, prior to any initial or subsequent deployment of that fixed fishing device within any year.

E. Any pound net licensed and fished in Virginia tidal waters located in Pound Net Regulated Area I, except inshore pound nets, shall be equipped with a modified leader from May 6 through July 31. In addition, it shall be the responsibility of the licensee of any pound net, except inshore pound nets, licensed in Virginia tidal waters located in Pound Net Regulated Area I to contact the Virginia Marine Police and the National Marine Fisheries Service at least 72 hours before any modified leader is to be deployed for an inspection of the pound net's leader design, prior to any initial or subsequent deployment of that pound net within any year.

E. It shall be unlawful to set, fish, or fail to remove a modified pound net leader, unless the pound net licensee has completed modified pound net leader compliance training and possesses onboard the vessel a valid modified pound net leader compliance training certificate issued by the National Marine Fisheries Service.

F. It shall be unlawful to set, fish, or fail to remove pound net gear in the Bottlenose Pound Net Regulated Area or Pound Net Regulated Area II unless it has all three continuous sections, as defined in 4VAC20-20-20, except that one or more sections may be missing for a maximum period of 10 days for purposes of setting, removing, or repairing pound nets.

VA.R. Doc. No. R15-4328; Filed March 31, 2015, 5:28 p.m.