4 Va. Admin. Code § 20-252-155 - Individual transferable shares monitoring and penalties
A. Any initial overage by any person of an
individual commercial harvest quota during any calendar year shall be
considered a first offense, with penalties prescribed according to the severity
of the overage as described in subdivisions 1 through 5 of this subsection.
1. Any overages that are less than 76 pounds
shall result in a warning being issued.
2. Any overages that range from 76 to 250
pounds shall result in a one-year deduction of that overage from that
individual commercial harvest quota during the following calendar
year.
3. Any overages that range
from 251 to 475 pounds shall result in a one-year deduction of two times that
overage from that individual commercial harvest quota during the following
calendar year.
4. Any overages that
range from 476 to 725 pounds shall result in that overage being permanently
deducted from that individual commercial harvest quota and a one-year
suspension of that person from the commercial fishery for striped
bass.
5. Any overages that are
greater than 725 pounds shall result in the revocation of that individual
striped bass permit, and that person shall not be eligible to apply for a like
permit for a period of two years from the date of revocation.
B. Any second overage by any
person of an individual commercial harvest quota within five years of a
previous offense shall result in penalties prescribed according to the severity
of the overage as described in subdivisions 1 through 4 of this subsection.
1. Any overages that are less than 76 pounds
shall result in a one-year deduction of the overage from that individual
commercial harvest quota during the following calendar year.
2. Any overages that range from 76 to 250
pounds shall result in a one-year deduction of two times the overage from that
individual commercial harvest quota during the following calendar
year.
3. Any overages that range
from 251 to 475 pounds shall result in the overage being permanently deducted
from the individual commercial harvest quota and a one-year suspension of that
person from the commercial fishery for striped bass.
4. Any overages that are greater than 475
pounds shall result in the revocation of that individual striped bass permit,
and that person shall not be eligible to apply for a like permit for a period
of two years from the date of revocation.
C. Any third overage by any person of an
individual commercial harvest quota within five years of two previous offenses
shall result in penalties prescribed according to the severity of the overage
as described in subdivisions 1 through 3 of this subsection.
1. Any overages that are less than 76 pounds
shall result in a one-year deduction of two times the overage from that
individual commercial harvest quota during the following calendar
year.
2. Any overages that range
from 76 to 250 pounds shall result in the overage being permanently deducted
from that individual commercial harvest quota and a one-year suspension of the
person from the commercial fishery for striped bass.
3. Any overages that are greater than 250
pounds shall result in the revocation of that individual striped bass permit,
and that person shall not be eligible to apply for a like permit for a period
of two years from the date of revocation.
D. Any fourth overage by any person of an
individual commercial harvest quota within five years of three previous
offenses shall result in penalties prescribed according to the severity of the
overage as described in subdivisions 1 and 2 of this subsection.
1. Any overages that are less than 76 pounds
shall result in the overage being permanently deducted from that individual
commercial harvest quota and a one-year suspension of the person from the
commercial fishery for striped bass.
2. Any overages that are greater than 75
pounds shall result in the revocation of that individual striped bass permit,
and that person shall not be eligible to apply for a like permit for a period
of two years from the date of revocation.
Notes
Statutory Authority: § 28.2-201 of the Code of Virginia.
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