4 Va. Admin. Code § 20-1310-40

Current through Register Vol. 41, No. 8, December 2, 2024

Section 4VAC20-1310-40 - Commercial fishery harvest, permits, possession limits, and reporting

A. It shall be unlawful for any individual to take, catch, possess, or land any Jonah crab from gear other than lobster traps unless that individual possesses a Jonah Crab Incidental Commercial Permit.

1. Such permits shall only be issued to an individual who possesses (i) a valid federal lobster permit and (ii) either a Commercial Fisherman Registration License or a Seafood Landing License.

2. It shall be unlawful for any individual using gear or harvesting methods other than lobster traps to land or possess more than the incidental bycatch limit of 1,000 Jonah crabs.

3. It shall be unlawful for any individual to possess any Jonah crab caught under the Jonah Crab Incidental Commercial Permit unless the weight of the target species on board the vessel is greater than the weight of the Jonah Crab in that individual's possession.

B. It shall be unlawful for any individual to take, catch, possess, or land any Jonah crab in excess of the amounts listed in subdivision A 2 of this section, unless that individual possesses a Limited Entry Jonah Crab Fishery Permit.

1. Such permits shall only be issued to an individual who possesses (i) a valid a federal lobster permit and (ii) either a Commercial Fisherman Registration License or a Seafood Landing License.

2. Individuals shall have at least one pound of landings of Jonah crab prior to June 2, 2015, recorded in the Marine Resources Commission's mandatory harvest reporting system or in federal dealer reports to the Standard Atlantic Fisheries Information System.

3. There shall be no landing limit of Jonah crabs for any individual who possesses a Jonah Crab Limited Entry Fishery Permit.

C. It shall be unlawful for any individual to take, catch, possess, or land any Jonah crab claws unless that individual possesses a Limited Entry Jonah Crab Claw Fishery Permit.

1. Such permits shall only be issued to an individual who possesses (i) a valid a federal lobster permit and (ii) either a Commercial Fisherman Registration License or a Seafood Landing License.

2. Individuals shall have at least one pound of claw landings prior to June 2, 2015, recorded in the Marine Resources Commission's mandatory harvest reporting system or in federal dealer reports to the Standard Atlantic Fisheries Information System.

3. There shall be no landing limit of Jonah crab claws for any individual who possesses a Limited Entry Jonah Crab Claw Fishery Permit.

D. Any Virginia licensed seafood buyer who purchases any whole Jonah crab or its claws shall provide reports to the commission of daily purchases and harvest information, organized by month. Such information shall include (i) the date of the purchase, (ii) the harvester's commercial fisherman registration license number or Virginia seafood landing license number, (iii) the gear type, (iv) water area fished, (v) city or county of landing, (vi) total amount of pounds landed, and (vii) the price per pound. These reports shall be completed in full and submitted to the commission no later than the 15th day of January for the prior year's purchases. Federal dealer reports to the Standard Atlantic Fisheries Information System shall satisfy the reporting requirements.

4 Va. Admin. Code § 20-1310-40

Derived From Virginia Register Volume 32, Issue 21, eff. 6/1/2016; Amended, Virginia Register Volume 36, Issue 15, eff. 3/1/2020.

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