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Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 20. Marine Resources Commission
Chapter 1360. Pertaining to Commercial Electrofishing
7/5/2020

4VAC20-1360-30. Licensing and Entry Requirements.

A. The maximum number of Commercial Electrofishing Licenses issued in any calendar year shall be three.

B. Any individual who meets all of the following criteria shall be eligible for a Commercial Electrofishing License:

1. The individual shall possess a valid Commercial Fisherman Registration License.

2. The individual shall complete a Commercial Electrofishing Application that shall be received by the Marine Resources Commission by the first of February of the current calendar year.

3. The individual shall meet one of the following criteria:

a. The individual shall have operated electrofishing equipment as the applicant on a Virginia-issued Scientific Collection Permit.

b. The individual shall have possessed a Commercial Electrofishing License and reported harvest of at least 100 pounds by electrofishing gear to the Marine Resource Commission's Mandatory Harvest Reporting System in the previous calendar year.

C. If the number of individuals eligible for a Commercial Electrofishing License pursuant to subsection B of this section is fewer than three by the second of February in the current calendar year, a lottery will be conducted including any individual who meets all of the following criteria:

1. The individual shall possess a valid Commercial Fisherman Registration License.

2. The individual shall complete a Commercial Electrofishing Lottery Application that was received by the Marine Resources Commission on or before the last day of February of the current calendar year.

3. The individual shall have reported harvest to the Marine Resource Commission's Mandatory Harvest Reporting System of at least 1,000 pounds of catfish per year in at least three of the previous 10 calendar years.

D. Any individual selected under subsection B or C of this section who fails to return a completed Commercial Electrofishing License Acceptance Form provided by the commission indicating acceptance within 14 days of selection shall forfeit eligibility for the current calendar year and another individual shall be selected from the list of eligible individuals pursuant to subsection C of this section.

E. A Commercial Electrofishing License shall not be issued to an eligible individual until the individual demonstrates to the Marine Resources Commission successful completion of an approved electrofishing operation safety training course.

F. The commission must approve all electrofishing gear prior to the issuance of a Commercial Electrofishing License.

G. Using agents or transferring any Commercial Electrofishing License shall be prohibited.

H. The commissioner or the commissioner's designee may grant exceptions to subsection G of this section.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Volume 36, Issue 10, eff. January 1, 2020.

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