VIRGINIA MARINE RESOURCES COMMISSION
"PERTAINING TO THE SEPARATION BETWEEN NETS"
EMERGENCY CHAPTER 4 VAC 20-1220-10 ET SEQ.
PREAMBLE
This emergency chapter establishes the minimum distance between a fixed fishing device and any other net, as directed by Section 28.2-307 B of the Code of Virginia.
This emergency chapter is promulgated pursuant to the authority contained in §§ 28.2-201 and 28.2-210 of the Code of Virginia. The effective date of this chapter is July 29, 2009.
4VAC20-1220-10. Purpose.
The purposes of this emergency chapter are 1) to establish a minimum distance separating any net and the side or end of any fixed fishing device; 2) to establish a limited process whereby the Commissioner may grant a variance to the required distance.; and, 3) to establish an appeal process that shall be available to anyone whose request, for a variance, is denied by the Commissioner.
4VAC20-1220-20. Definitions.
The following words when used in this chapter shall have the following meaning unless the context clearly indicates otherwise: “Fixed fishing device” means a pound net, fyke net or staked gill net.
4VAC20-1220-30. Required distance between nets.
It is unlawful to place a net within 300 yards of the side or end of any fixed fishing device, unless in the same row.
4VAC20-1220-40. Application and appeals process.
A. Any person licensed to set a fixed fishing device may apply to the Commissioner for a variance to the requirement established in Section 4VAC 20-1220-30. Such application shall be provided, by the fixed fishing device license holder, in writing, to the Commissioner.
B. A variance will be granted, if the Commissioner determines that the setting of a net 300 yards from the fixed fishing device will significantly impact the catch of the fixed device.
C. The Commissioner will not grant a variance to place any net less than 300 yards from a fixed fishing device.
D. Any applicant denied a variance, by the Commissioner, may appeal that denial to the Commission. Such appeal shall be made by the fixed fishing device license holder, in writing, and submitted to the Commission at least 30 days prior to the date of the meeting at which the request will be heard.
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