VIRGINIA MARINE RESOURCES COMMISSION
"PERTAINING TO CRABBING LICENSES"
CHAPTER 4 VAC 20-1040-10 ET SEQ.
This chapter continues a moratorium on crab license sales through 2010 and is promulgated pursuant to the authority contained in §28.2-201 of the Code of Virginia.
This chapter amends and re-adopts, as amended, previous Chapter 4VAC20-1040-10 et seq. which was promulgated November 27, 2007 and made effective on January 1, 2008. The effective date of this chapter, as amended, is February 1, 2008.
4VAC20-1040-10. Purpose.
The purpose of this chapter is to cap and control effort in the crab fisheries.
4VAC20-1040-20. License sales moratorium.
A. For the lawful crabbing seasons of 2008 through 2010, commercial licenses for crab pot, peeler pot, crab scrape, crab trap, ordinary trot line, patent trot line, and dip net shall be sold only to those registered commercial fishermen who have been determined by the commission to be eligible to purchase any of these licenses in 2007. Any person receiving a crab license by lawful transfer in 2008 through 2010 also establishes his eligibility to purchase that specific license through 2010; however, any person either failing to register as a commercial fisherman in any year or lawfully transferring his crab license to another person shall forfeit his eligibility to purchase that specific crab license through 2010.
B. Commercial licenses for crab pots, peeler pots, crab scrapes, crab traps, ordinary trot lines, patent trot lines, and crab dip nets may be transferred to an immediate family member of the licensee at any time and, in the case of death or incapacitation of the licensee, may be transferred to a registered commercial fisherman at any time. Crabbing licenses also may be transferred to another registered commercial fisherman, except that not more than 100 licenses shall be transferred in the current year. All such transfers shall be documented on forms provided by the commission and shall be subject to the approval of the commissioner.
4VAC20-1040-30. [Repealed]
4VAC20-1040-35. Control date.
The commission hereby establishes December 17, 2007, as the control date for management of all blue crab fisheries in Virginia. Participation by any individual in a crab fishery after the control date will not be considered in the calculation or distribution of crabbing rights should further entry limitations be established. Any individual entering the crab fishery after the control date will have no right to future participation in the crab fishery should further entry limitations be established.
4VAC20-1040-40. Penalty.
As set forth in §28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violation is a Class 1 misdemeanor.
