4 Va. Admin. Code § 20-252-155 - Individual transferable shares monitoring and penalties

Current through Register Vol.. 38, No. 17, April 11, 2022

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

4 Va. Admin. Code § 20-252-155
Derived from Virginia Register Volume 23, Issue 8, eff. January 1, 2007; Volume 26, Issue 8, eff. January 1, 2010; Amended, Virginia Register Volume 36, Issue 26, eff. 8/1/2020.

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

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