A. Applications for renewal of license for
existing fixed fishing devices may be accepted by the officer beginning at 9
a.m. on December 1 of the current license year through noon on January 10 of
the next license year providing the applicant has met all requirements of law
and this chapter. Any location not relicensed during the above period of time
shall be considered vacant and available to any qualified applicant after noon
on January 10.
B. Except as
provided in subsections C and D of this section, a currently licensed fixed
fishing device must have been fished during the current license year in order
for the licensee to maintain his priority right to such location. It shall be
mandatory for the licensee to notify the officer, on forms provided by the
commission, when the fixed fishing device is ready to be fished in the location
applied for, by a complete system of nets and poles, except as provided in
subsection D of this section, for the purpose of visual inspection by the
officer. Either the failure of the licensee to notify the officer when the
fixed fishing device is ready to be fished or the failure by the licensee
actually to fish the licensed device, by use of a complete system of nets and
poles, except as provided in subsection D of this section, shall terminate his
right or privilege to renew the license during the period set forth in
subsection A of this section of this chapter, and he shall not become a
qualified applicant for such location until 9 a.m. on February 1. Any
application received from an unqualified applicant under this subsection shall
be considered as received at 9 a.m. on February 1; however, in the event of the
death of a current license holder, the priority right to renew the currently
held locations of the deceased licensee shall not expire by reason of failure
to fish said locations during the year for which they were licensed, but one
additional year shall be and is hereby granted to the personal representative
or lawful beneficiary of the deceased licensee to license the location in the
name of the estate of the deceased licensee for purposes of fishing said
location or making valid assignment thereof.
C. During the effective period of 4VAC20-530,
which establishes a moratorium on the taking and possession of American shad in
the Chesapeake Bay and its tributaries, any person licensed during 1993 to set
a staked gill net who chooses not to set that net during the period of the
moratorium may maintain his priority right to the stake net's 1993 location by
completing an application for a fixed fishing device and submitting it to the
officer. No license fee shall be charged for the application.
D. In order to maintain priority rights and
renew a license to a specific pound net location, a pound net licensee shall be
required to set and fish that pound net at least once during two consecutive
calendar years starting with calendar year 2009.
4 Va. Admin. Code § 20-20-50
VR450-01-0004 § 5, eff. January 23, 1985; amended, Virginia Register
Volume 10, Issue 10, eff. January 1, 1994; Volume 11, Issue 17, eff. April 7,
1995; Volume 20, Issue 14, eff. March 1, 2004; Volume 22, Issue 10, eff.
December 22, 2005; Volume 22, Issue 12, eff. January 27, 2006; Volume 23, Issue
4, eff. October 1, 2006; Volume 23, Issue 8, eff. November 29, 2006; Volume 24,
Issue 5, eff. November 1, 2007; Volume 25, Issue 6, eff. November 1, 2008;
Volume 26, Issue 9, eff. December 18, 2009.
§ 28.2-201 of the Code of Virginia.