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CHAPTER:  PERTAINING TO LICENSING REQUIREMENTS AND LICENSE FEES

VIRGINIA MARINE RESOURCES COMMISSION
"PERTAINING TO LICENSING REQUIREMENTS AND LICENSE FEES"
CHAPTER 4 VAC 20-1090-10 ET SEQ.

PREAMBLE

This chapter establishes licenses required of persons to take, catch, harvest, possess or market fish, oysters, crabs, clams or other seafood species, for commercial purposes, in the tidal waters of Virginia. This chapter establishes oyster resource user fees to address oyster resource replenishment and harvest reporting needs. This chapter establishes recreational licenses and licenses used for non-commercial purposes, required of persons to take, catch, harvest, or possess finfish or blue crab, for recreational purposes, in the tidal waters of Virginia.

This chapter is promulgated pursuant to authority contained in 28.2-201 of the Code of Virginia and amends and re-adopts, as amended, previous Chapter 4 VAC 20-1090-10 et seq. which was promulgated June 23, 2015 October 27, 2015 and made effective on November 1, 2015. The effective date of this chapter, as amended, is July 30, 2016.


4 VAC 20-1090-10. Purpose. 

The purpose of this regulation is to specify the fees for each license required of any person to take, catch, harvest, possess or market fish, oysters, crabs, clams or other seafood species in the tidal waters of Virginia for commercial purposes or to take, catch or possess any species for recreational purposes. The license fees described in this regulation supersede those fishing license fees described in Title 28.2 of the Code of Virginia. 

4 VAC 20-1090-20. [Repealed] 

4 VAC 20-1090-30. License fees. 


The following listing of license fees applies to any person who purchases a license for the purposes of harvesting for commercial purposes, or fishing for recreational purposes, during any calendar year. The fees listed below include a $1 agent fee.

1.  COMMERCIAL LICENSES:  
Commercial Fisherman Registration License $190.00
Commercial Fisherman Registration License for a person 70 years or older $90.00
Delayed Entry Registration $190.00
Delayed Entry Registration License for a person 70 years or older $90.00
Seafood Landing License for each boat or vessel $175.00
For each Commercial Fishing Pier over or upon subaqueous beds (mandatory) $83.00
Seafood Buyer's License - For each boat or motor vehicle $63.00
Seafood Buyer's License - For each place of business $126.00
Clam Aquaculture Product Owner's Permit $10.00
Oyster Aquaculture Product Owner's Permit $10.00
Clam Aquaculture Harvester's Permit $5.00
Oyster Aquaculture Harvester's Permit $5.00
Nonresident Harvester's License $444.00

2. OYSTER RESOURCE USER FEES

 
Any licensed commercial fisherman harvesting oysters by hand   $50.00
For any harvester using one or more gear types to harvest oysters, or for any registered commercial fisherman who solely harvests or possesses any bushel limit described in Section 80 of Chapter 4VAC20-720-10 et seq., only one oyster resource user fee, per year, shall be paid    $300.00
On any business shucking or packing no more than 1,000 gallons of oysters $500.00
On any business shucking or packing more than 1,000 but no more than 10,000 gallons of oysters $1,000.00
On any business shucking or packing more than 10,000 but no more than 25,000 gallons of oysters  $2,000.00
On any business shucking or packing more than 25,000 gallons of oysters $4,000.00
On any oyster buyer using a single truck or location  $100.00
On any oyster buyer using a multiple trucks or locations  $300.00
Commercial aquaculture operation, on riparian assignment or general oyster planting grounds $50.00

3. OYSTER HARVESTING, SHUCKING, RELAY AND BUYERS LICENSES

 
Any person purchasing oysters caught from the public grounds of the Commonwealth or the Potomac River, for a single place of business with one boat or motor vehicle used for buying oysters  $50.00
Any person purchasing oysters caught from the public grounds of the Commonwealth or the Potomac River, for a single place of business with multiple boats or motor vehicles used for buying oysters  $100.00
For each person taking oysters by hand, or with ordinary tongs $10.00
For each single-rigged patent tong boat taking oysters $35.00
For each double-rigged patent tong boat taking oysters $70.00
Oyster Dredge Public Ground $50.00
Oyster Hand Scrape $50.00
To shuck and pack oysters, for any number of gallons under 1,000 $12.00
To shuck and pack oysters, for 1000 gallons, up to 10,000 $33.00
To shuck and pack oysters, for 10,000 gallons, up to 25,000 $74.00
To shuck and pack oysters, for 25,000 gallons, up to 50,000 $124.00
To shuck and pack oysters, for 50,000 gallons, up to 100,000 $207.00
To shuck and pack oysters, for 100,000 gallons, up to 200,000 $290.00
To shuck and pack oysters, for 200,000 gallons or over $456.00
One day permit to relay condemned shellfish from a general oyster planting ground $150.00

4. BLUE CRAB HARVESTING AND SHEDDING LICENSES, EXCLUSIVE OF CRAB POT LICENSES

 
For each person taking or catching crabs by dip nets $13.00
For ordinary trotlines $13.00
For patent trotlines $51.00
For each single-rigged crab-scrape boat $26.00
For each double-rigged crab-scrape boat $53.00
For up to 210 peeler pots $36.00
For up to 20 tanks and floats for shedding crabs $9.00
For more than 20 tanks or floats for shedding crabs $19.00
For each crab trap or crab pound $8.00

5. CRAB POT LICENSES

 
For up to 85 crab pots $48.00
For over 85 but not more than 127 crab pots $79.00
For over 127 but not more than 170 crab pots $79.00
For over 170 but not more than 255 crab pots $79.00
For over 255 but not more than 425 crab pots $127.00

6. HORSESHOE CRAB AND LOBSTER LICENSES

 
For each person harvesting horseshoe crabs by hand $16.00
For each boat engaged in fishing for, or landing of, lobster using less than 200 pots $41.00
For each boat engaged in fishing for, or landing of, lobster using 200 pots or more $166.00

7. CLAM HARVESTING LICENSES

 
For each person taking or harvesting clams by hand, rake or with ordinary tongs $24.00
For each single-rigged patent tong boat taking clams $58.00
For each double-rigged patent tong boat taking clams $84.00
For each boat using clam dredge (hand) $19.00
For each boat using clam dredge (power) $44.00
For each boat using hydraulic dredge to catch soft shell clams $83.00
For each person taking surf clams $124.00
Water Rake Permit $24.00

8. CONCH (WHELK) HARVESTING LICENSES

 
For each boat using a conch dredge $58.00
For each person taking channeled whelk by conch pot $51.00

9. FINFISH HARVESTING LICENSES

 
Each pound net $41.00
Each stake gill net of 1200 feet in length or under, with a fixed location $24.00
All other gill nets up to 600 feet $16.00
All other gill nets over 600 feet and up to 1,200 feet $24.00
Each person using a cast net or throw net or similar device $13.00
Each fyke net head, weir, or similar device $13.00
For fish trotlines $19.00
Each person using or operating a fish dip net $9.00
On each haul seine used for catching fish, under 500 yards in length $48.00
On each haul seine used for catching fish, from 500 yards in length to 1,000 yards in length $146.00
For each person using commercial hook and line $31.00
For each person using commercial hook and line for catching striped bass only $31.00
For up to 100 fish pots $19.00
For over 100 but not more than 300 fish pots $24.00
For over 300 fish pots $62.00
For up to 100 eel pots $19.00
For over 100 but not more than 300 eel pots $24.00
For over 300 eel pots $62.00
10.  MENHADEN HARVESTING LICENSES.  Any person purchasing more than one of the following licenses, as described in this subsection, for the same vessel, shall pay a fee equal to that for a single license for the same vessel.  
On each boat or vessel under 70 gross tons fishing for the purse seine menhaden reduction sector $249.00
On each vessel 70 gross tons or over fishing for the purse seine menhaden reduction sector $996.00
On each boat or vessel under 70 gross tons fishing for the purse seine menhaden bait sector $249.00
On each vessel 70 gross tons or over fishing for the purse seine menhaden bait sector $996.00
11.  COMMERCIAL GEAR FOR RECREATIONAL USE.  
Up to five crab pots with a terrapin excluder device $36.00
Up to five crab pots without a terrapin excluder device $46.00
Crab trotline (300 feet maximum) $10.00
One crab trap or crab pound $6.00
One gill net up to 300 feet in length. $9.00
Fish dip net $7.00
Fish cast net $10.00
Up to two eel pots $10.00
12.  SALTWATER RECREATIONAL FISHING LICENSE.  
Individual, Resident $17.50
Individual, Nonresident $25.00
Temporary 10-Day, Resident $10.00
Temporary 10-Day, Nonresident $10.00
Recreational boat, Resident $48.00
Recreational boat, nonresident, provided a nonresident may not purchase a recreational boat license, unless his boat is registered in Virginia $76.00
Head Boat/Charter Boat, Resident, six or less passengers $190.00
Head Boat/Charter Boat, Nonresident, six or less passengers $380.00
Head Boat/Charter Boat, Resident, more than six passengers, plus $5.00 per person over six $190.00
Head Boat/Charter Boat, Nonresident, more than six passengers, plus $5.00 per person over six $380.00
Rental Boat, Resident, per boat, with maximum fee of $703 $14.00
Rental Boat, Nonresident, per boat, with maximum fee of $1270 $18.00
Commercial Fishing Pier (Optional) $632.00
Disabled Resident Lifetime Saltwater License $10.00
Disabled Nonresident Lifetime Saltwater License $10.00
Reissuance of Saltwater Recreational Boat License $5.00
13. Combined Sportfishing License to fish in all inland waters and tidal waters of the Commonwealth during open season:  
Residents $39.50
Nonresidents $71.00
14. Combined Sportfishing Trip License to fish in all inland waters and tidal waters of the Commonwealth during open season, for five consecutive days:  
Residents $24.00
Nonresidents $31.00
15. Tidal Boat Sport Fishing License  
Residents $126.00
Nonresidents $201.00
16. Lifetime Saltwater Recreational Fishing Licenses:  
Individual Resident Lifetime License $276.00
Individual Nonresident Lifetime License $500.00
Individual Resident Lifetime License age 45 - 50 $132.00
Individual Nonresident Lifetime License age 45 - 50 $240.00
Individual Resident Lifetime License age 51 - 55 $99.00
Individual Nonresident Lifetime License age 51 - 55 $180.00
Individual Resident Lifetime License age 56 - 60 $66.00
Individual Nonresident Lifetime License age 56 - 60 $120.00
Individual Resident Lifetime License age 61 - 64 $35.00
Individual Nonresident Lifetime License age 61 - 64 $60.00
Individual Resident Lifetime License age 65 and older  $5.00

 

4 VAC 20-1090-40. Penalty.

A. As set forth in 28.2-903 of the Code of Virginia, any person violating any provision of this emergency chapter, except as provided in subsection B of this section, shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this emergency chapter committed by the same person within 12 months of a prior violation is a Class 1 misdemeanor.

B. As set forth in 28.2-549 of the Code of Virginia, any person willfully failing to pay oyster resource user fees to the Commission shall be guilty of a Class 1 misdemeanor.


* * * * * * * * * *

This is to certify that the foregoing is a true and accurate copy of the emergency chapter passed by the Marine Resources Commission, pursuant to authority vested in the Commission by 28.2-201 and 28.2-210 of the Code of Virginia, and recorded in the Commission's minute book, at meeting held in Newport News, Virginia on July 26, 2016.


COMMONWEALTH OF VIRGINIA
MARINE RESOURCES COMMISSION

By: ______________________________
John M. R. Bull
Commissioner

 

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