PREAMBLE
This chapter establishes time limits, season limits, peeler pot limits and peeler and softshell crab minimum size limits for commercial crabbing in Virginia and is promulgated pursuant to authority contained in §§28.2-201 and 28.2-700 of the Code of Virginia. This chapter amends and re-adopts, as amended, previous Chapter 4VAC20-270-10 which was promulgated April 22, 2008 and made effective on April 30, 2008. The effective date of this chapter, as amended, is June 1, 2008.
4VAC20-270-10. Purpose.
The purpose of this chapter is to allow for the conservation and rebuilding of the crab resource and to improve the enforceability of other laws pertaining to crabbing.
4VAC20-270-20. Sunday prohibition and limited exception for possession of male hard crabs.
It shall be unlawful to take or catch crabs for commercial purposes on Sunday. This section shall not apply to the harvest of peeler crabs by crab traps or peeler pots or to the working of floats, pens, or onshore facilities for soft crab shedding operations. Any person licensed to harvest peeler crabs by peeler pot may harvest one bushel of male crabs from his peeler pots on Sunday strictly for the purpose of baiting his peeler pots, and such crabs may not be sold.
4VAC20-270-30. Daily time limits.
A. It shall be unlawful for any person licensed to catch and sell crabs taken by crab pot or peeler pot to take and harvest crabs from any crab pot or peeler pot, or to retrieve, bait or set any crab pot or peeler pot, except during the lawful daily time periods described in this subsection or subsection B of this section. The lawful daily time periods for the commercial harvesting of crabs by crab pot or peeler pot shall be from 6 a.m. to 2 p.m. from March 17 through April 30 and September 1 through November 30, except as described in subsection C of this section, and from 5 a.m. to 1 p.m. during the months of May, June, July, and August, except as specified in subsection B of this section. Crab pots or peeler pots already on board a boat at the end of the lawful daily time period, as defined in this subsection or subsection B of this section, may be set during the period starting immediately following the lawful daily time period and ending one hour after the lawful daily time period.
B. Any licensed crab pot or peeler pot fisherman who provides an opinion and supporting documentation from an attending physician to the commissioner of an existing medical condition that prevents him from adhering to the daily time limit established in subsection A of this section may be permitted by the commissioner or his designee to take and harvest crabs from his crab pot or peeler pot, or to retrieve, bait or set his crab pot or peeler pot during an alternate eight-hour daily time limit. That alternative eight-hour daily time limit will be prescribed by the commissioner or his designee in accordance with the medical condition that forms a basis for the exception to the daily time limit as described in subsection A of this section.
Nothing in this regulation shall prohibit any licensed crab pot or peeler pot fisherman, who has been granted an exception to the eight-hour work schedule, on a medical basis, from using another licensed crab pot or peeler pot fisherman as a mate, provided; however, during the designated alternate work hours, only the crab pots or peeler pots of the fisherman receiving the exception shall be fished. Further, it shall be unlawful for the licensed crab fisherman, who has been granted an exception, or his mate, who is a licensed crab pot or peeler pot fisherman, to fish, set, retrieve, or bait, during the alternate work hours, any crab pot or peeler pot that is not owned and licensed by the fisherman granted the exception.
C. From October 27, 2008 through November 30, 2008, it shall be unlawful, for any person, to harvest, from Virginia tidal waters, or to possess, aboard a vessel, any female crab.
D. The lawful daily time periods for the commercial harvest of crabs by crab pot or peeler pot may be rescinded by the Commissioner of Marine Resources when he determines that a pending weather event is sufficient cause for the removal of crab pots from the tidal waters of the Commonwealth.
4VAC20-270-40. Season limits.
A. The lawful season, for the harvest of male crabs, shall be March 17, 2008 through November 30, 2008. The lawful season, for the harvest of female crabs, shall be March 17, 2008 through October 26, 2008.
B. It shall be unlawful, for any person, to harvest crabs or to possess crabs on board a vessel, except during the lawful season, as described in subsection A, of this section.
C. It shall be unlawful for any person knowingly to place, set, fish or leave any hard crab pot or peeler crab pot in any tidal waters of Virginia from December 1, 2008 through March 16, 2009.
D. It shall be unlawful for any person knowingly to place, set, fish or leave any fish pot in any tidal waters from March 12 through March 16, except as provided in subdivisions 1 and 2 of this subsection.
1. It shall be lawful for any person to place, set, or fish any fish pot in those waters located upriver of the following boundary lines:
a. In the James River the boundary shall be a line connecting Hog Point and the downstream point at the mouth of College Creek.
b. In the York River the boundary lines shall be the Route 33 bridges at West Point.
c. In the Rappahannock River the boundary line shall be the Route 360 bridge at Tappahannock.
2. This subsection shall not apply to lawful eel pots as described in 4VAC20-500-50.
4VAC20-270-50. Peeler crab pot and crab pot limits.
A. It shall be unlawful, for any person, to place, set or fish or attempt to place, set or fish more than 210 peeler crab pots, in Virginia tidal waters.
B. The lawful crab pot license categories and crab pot limits, for the 2008 crab pot season, are as follows:
C. The lawful crab pot license categories and crab pot limits, for the 2009 crab pot season, are as follows:
D. It shall be unlawful, for any person, to knowingly place, set or fish any amount of crab pots that exceeds that person’s crab pot limit, as described in subsections B and C of this section.
4VAC20-270-55. Minimum size limits.
A. From March 17 through July 15, it shall be unlawful for any person to harvest, possess, sell or offer for sale more than 10 peeler crabs, per United States standard bushel, or 5.0% of peeler crabs in any other container, that measure less than 3 ¼ inches across the shell from tip to tip of the longest spikes. From July 16, 2008 through November 30, 2008, it shall be unlawful for any person to harvest, possess, sell or offer for sale more than 10 peeler crabs, per United States standard bushel, or 5.0% of peeler crabs in any other container, that measure less than 3 ½ inches across the shell from tip to tip of the longest spikes, except as described in subsections B and C of this section.
B. From July 16, 2008 through November 30, 2008, it shall be unlawful for any person to harvest, possess, sell or offer for sale more than 10 peeler crabs, per United States standard bushel, or 5.0% of peeler crabs in any other container, that are harvested from waters on the ocean side of Accomack and Northampton Counties and measure less than 3 ¼ inches across the shell from tip to tip of the longest spikes, except as described in subsection C of this section.
C. From October 27, 2008 through November 30, 2008, it shall be unlawful, for any person, to harvest, from Virginia tidal waters, or to possess, aboard a vessel, any female peeler crab.
D. In the enforcement of these peeler crab minimum size limits aboard a vessel, the Marine Police Officer shall select a single container of peeler crabs of his choosing to determine if the contents of that container violate the minimum size and tolerance described in this section. If the officer determines the contents of the container are in violation, then the officer shall return all peeler crabs on board the vessel to the water alive.
E. It shall be unlawful for any person to take, catch, harvest, possess, sell or offer for sale, or to destroy in any manner, any soft crab that measures less than 3 ½ inches across the shell from tip to tip of the longest spikes.
4VAC20-270-56. Recreational harvest limit.
It shall be unlawful to take, by using an unlicensed dip net or hand line, or two crab pots, or to possess, for personal use aboard any vessel, more than one bushel of hard crabs or two dozen peeler crabs.
4VAC20-270-58. License revocation
Any person convicted, by a court, of two crab fishery-related violations, may be subject to having his license(s) to take crabs revoked, in accordance with the provisions of § 28.2-232 of the Code of Virginia.
4VAC20-270-60. 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.
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