Current through Register Vol.. 38, No. 17, April 11, 2022
There is established a special permit for
engaging in either the Chesapeake Bay area commercial fishery for striped bass
or the coastal area commercial fishery for striped bass. It shall be unlawful
for any person to engage in either commercial fishery for striped bass without
first having obtained the permit from the commission and meeting the following
1. The person shall be a licensed
registered commercial fisherman.
The person shall have reported all prior fishing activity in accordance with
4VAC20-610 and shall not be under any sanction by the Marine Resources
Commission for noncompliance with the regulation.
Permits for the commercial harvest of
striped bass in the Chesapeake Bay area or coastal area shall be issued to any
registered commercial fishermen holding striped bass quota shares issued under
the provisions of
C. Permits shall be in the possession of the
permittee while catching, harvesting, selling, or possessing striped bass.
Failure to have the appropriate permit in possession shall be a violation of
D. It shall be
unlawful for any person, business, or corporation, except for licensed
restaurants, to purchase from the harvester any quantity of striped bass
greater than 10 pounds in total weight taken from Virginia's tidal waters for
the purpose of resale without first obtaining a striped bass buyer's permit
from the commission, except as described in subsection E of this section. Such
permit shall be completed in full by the permittee and kept in possession of
the permittee while selling or possessing striped bass. Failure to have the
appropriate permit in possession shall be a violation of this
E. Restaurants shall not
be required to obtain a striped bass buyer's permit from the commission but
shall be required to certify and maintain a record of any striped bass
purchased from any harvester for a period of not less than one year.
F. All permitted commercial harvesters of
striped bass shall report to the commission in accordance with 4VAC20-610. In
addition to the reporting requirements of 4VAC20-610, all permitted commercial
harvesters of striped bass shall record and report daily striped bass harvest
by specifying the number of tags used on striped bass harvested for each day in
either the Chesapeake Bay area or coastal area and reporting the daily total
whole weight of striped bass harvested in either the Chesapeake Bay area or
coastal area. Daily striped bass tag use on harvested striped bass and daily
total whole weight of harvested striped bass from either the Chesapeake Bay
area or coastal area, within any month, shall be recorded on forms provided by
the commission and shall accompany the monthly catch report submitted no later
than the fifth day of the following month.
G. Any permitted commercial harvester of
striped bass who self markets his striped bass to a restaurant, person, or
out-of-state market shall be required to prepare a receipt describing each sale
greater than 10 pounds in total weight. Each receipt shall be a record and
report of the date of transaction, name and signature of buyer, address and
phone number of buyer, number and total weight of striped bass sold, and name
and signature of harvester. Copies of each receipt shall be submitted to the
commission no later than the fifth day of the following month.
H. Any buyer permitted to purchase striped
bass harvested from Virginia tidal waters shall provide written reports to the
commission of daily purchases and harvest information on forms provided by the
Marine Resources Commission. Such information shall include the date of the
purchase, buyer's name, and harvester's Commercial Fisherman Registration
License number. In addition, for each different purchase of striped bass
harvested from Virginia waters, the buyer shall record the weight of whole fish
and number and type of tags (Chesapeake Bay area or coastal area) that applies
to that harvest. These reports shall be completed in full and submitted monthly
to the Marine Resources Commission no later than the fifth day of the following
I. Failure of any person
permitted to harvest, buy, or sell striped bass, to submit the required written
report for any fishing day shall constitute a violation of this
4 Va. Admin.
Derived from Virginia
Register Volume 13, Issue 8, eff. December 6, 1996; amended, Virginia Register
Volume 14, Issue 8, eff. January 1, 1998; Volume 15, Issue 18, eff. May 1,
1999; Volume 19, Issue 10, eff. January 1, 2003; Volume 19, Issue 14, eff.
March 1, 2003; Volume 20, Issue 10, eff. January 5, 2004; Volume 21, Issue 13,
eff. February 2, 2005; Volume 23, Issue 8, eff. January 1, 2007; Amended,
Register Volume 33, Issue 06, eff.
Register Volume 36, Issue 26, eff.
Register Volume 37, Issue 19, eff.
Statutory Authority: §
of the Code of Virginia.