4VAC20-751 Pertaining to the Setting and Mesh Size of Gill Nets

REGULATIONS

Vol. 31 Iss. 1 - September 08, 2014

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Chapter 751

Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from Article 2 of 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: 4VAC20-751. Pertaining to the Setting and Mesh Size of Gill Nets (amending 4VAC20-751-15; adding 4VAC20-751-25).

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

Effective Date: August 27, 2014.

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 (i) establish the Assateague Island Small-Mesh Gill Net Area, (ii) limit the amount and size of gill nets set by an individual within the Assateague Island Small-Mesh Gill Net Area from August 15 through October 31, and (iii) define "small-mesh gill net."

4VAC20-751-15. Definitions.

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

"Assateague Island Small-Mesh Gill Net Area" shall consist of all tidal waters of Virginia's portion of the federal territorial sea that are bounded by a line beginning in Accomack County from a point at the mean low water line at the southwestern most tip of Fishing Point, at the mouth of Chincoteague Inlet, at Latitude 37-52.34584 N., Longitude 75-24.02333 W.; thence southwesterly 1,500 feet to a point at Latitude 37-52.19158 N., Longitude 75-24.26693 W.; thence in a line towards Chincoteague Shoals maintaining a distance of 1,500 feet from the mean low water line to a point northeast of Chincoteague Shoals at Latitude 37-51.12484 N., Longitude 75-22.23021 W.; thence westerly to a point at Latitude 37-51.30530 N., Longitude 75-22.44331 W.; thence along the mean low water line in a southerly and then westerly direction to the point of beginning.

"Small-mesh gill net" means any gill net with a stretched mesh of equal to or less than five inches.

"Unattended gill net" means any gill net set in Virginia tidal waters, described in 4VAC20-751-20 E, that is located more than one mile from the licensee of that gill net.

4VAC20-751-25. Assateague Island Small-Mesh Gill Net Area.

Within the Assateague Island Small-Mesh Gill Net Area, it shall be unlawful for any person to place, set, or fish more than two gill nets, with each gill net not to exceed 1,200 feet in length, per vessel, from August 15 through October 31.

VA.R. Doc. No. R15-4140; Filed August 27, 2014, 1:44 p.m.