Emergency Regulations s2

EMERGENCY REGULATIONS

MARINE RESOURCES COMMISSION waters to possess aboard any vessel in Virginia any amount of Summer Flounder in excess of 10% by weight of all other Title of Regulation: 4 VAC 20-620. Pertaining to Summer landed species on board the vessel. Flounder (amending 4 VAC 20-620-10, 4 VAC 20-620-20 and 4 VAC 20-620-40). C. During the period of April 1 through June 30 of each calendar year, it shall be unlawful for any person harvesting Statutory Authority: §§ 28.2-201 and 28.2-210 of the Code of Summer Flounder outside of Virginia's waters to possess Virginia. aboard any vessel in Virginia any amount of Summer Effective Date: November 1, 2001, through December 1, Flounder in excess of 2,500 pounds, except that when it is 2001. projected and announced that 85% of the quota for this period has been taken, it shall be unlawful for any person harvesting Summary: Summer Flounder outside of Virginia's waters to possess The amendments provide for a more equitable distribution aboard any vessel in Virginia any amount of Summer of Summer Flounder among industry participants during Flounder in excess of 10% by weight of all other landed the fourth quarter offshore fishery. species on board the vessel. Agency Contact: Deborah Cawthon, Marine Resources D. During the period of July 1 through October 31 of each Commission, P.O. Box 756, Newport News, VA 23607, calendar year, it shall be unlawful for any person harvesting telephone (757) 247-2248. Summer Flounder outside of Virginia's waters to possess aboard any vessel in Virginia any amount of Summer 4 VAC 20-620-10. Purpose. Flounder in excess of 10% by weight of all other landed species on board the vessel. The purpose of this emergency chapter is to reduce commercial and recreational fishing mortality in order to E. During the period November 1 through December 31 of rebuild the severely depleted stocks of Summer Flounder. each calendar year, it shall be unlawful for any person harvesting Summer Flounder outside of Virginia's waters to 4 VAC 20-620-20. Definition. possess aboard any vessel in Virginia any amount of Summer The following words and terms when used in this emergency Flounder in excess of 7,500 pounds, except that when it is chapter shall have the following meanings unless the context projected and announced that 85% of the quota for this period indicates otherwise: has been taken, it shall be unlawful for any person harvesting Summer Flounder outside of Virginia's waters to possess "Land" or "landing" means to enter port with finfish, shellfish, aboard any vessel in Virginia any amount of Summer crustaceans or other marine seafood on board any boat or Flounder in excess of 10% by weight of all other landed vessel, to begin offloading finfish, shellfish, crustaceans or species on board the vessel. other marine seafood, or to offload finfish, shellfish, crustaceans, or other marine seafood. E. From November 1 through December 31 of each year, it shall be unlawful for any person harvesting Summer Flounder "Potomac River tributaries" means all the tributaries of the outside of Virginia waters to do any of the following: Potomac River that are within Virginia's jurisdiction beginning with, and including, Flag Pond, thence upstream to the District 1. Possess aboard any vessel in Virginia waters an amount of Columbia boundary. of Summer Flounder in excess of 7,500 pounds. 4 VAC 20-620-40. Commercial vessel possession 2. Land Summer Flounder in Virginia, for commercial limitations. purposes, more than twice within each consecutive 10-day period, with the first 10-day period beginning on November A. From the first Monday following January 1 through March 1. 31 of each year, it shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to do any of the 3. Land in Virginia more than a total of 7,500 pounds of following: Summer Flounder during each consecutive 10-day period, with the first 10-day period beginning on November 1. 1. Possess aboard any vessel in Virginia waters an amount of Summer Flounder in excess of 10,000 pounds. F. For each of the time periods set forth in subsections A, B, C and E of this section, the Marine Resources Commission 2. Land Summer Flounder in Virginia for commercial will give timely notice of any changes in possession limits. purposes more than twice within each consecutive 10-day period, with the first 10-day period beginning on the first G. Each possession limit described in subsections A, B, C, D Monday following January 1. and E of this section shall be determined by the net weight of Summer Flounder as customarily packed, boxed and weighed 3. Land in Virginia more than a total of 10,000 pounds of by the seafood buyer or processor. The net weight of any Summer Flounder during each consecutive 10-day period, Summer Flounder found in excess of this possession limit with the first 10-day period beginning on the first Monday described in subsections A, B, C, D and E of this section shall following January 1. be prima facie evidence of violation of this chapter. Persons in B. When it is projected and announced that 85% of the quota possession of Summer Flounder, aboard any vessel, in for the period from the first Monday following January 1 excess of the possession limit shall be in violation of this through March 31 has been taken, it shall be unlawful for any chapter. Any buyer or processor offloading or accepting any person harvesting Summer Flounder outside of Virginia's

Volume 18, Issue 5 Virginia Register of Regulations Monday, November 19, 2001 1 Emergency Regulations quantity of Summer Flounder from any vessel in excess of the The buyer shall provide to the Marine Resources Commission possession limit shall be in violation of this chapter. the name of the vessel and its captain and the anticipated or approximate offloading time. Once offloading of any vessel is H. If a person violates the possession limits described in this complete and the weight of the landed Summer Flounder has section, the entire amount of Summer Flounder in that been determined, the buyer shall contact the Marine person's possession shall be confiscated. Any confiscated Resources Commission Operations Station and report the Summer Flounder shall be considered as a removal from the vessel name and corresponding weight of Summer Flounder appropriate commercial harvest or landings quota. Upon landed. It shall be unlawful for any person to offload from a confiscation, the marine patrol officer shall inventory the boat or vessel for commercial purposes any Summer confiscated Summer Flounder and, at a minimum, secure two Flounder during the period of 10 p.m. to 7 a.m. bids for purchase of the confiscated Summer Flounder from approved and licensed seafood buyers. The confiscated fish J. Any boat or vessel possessing more than the lawful limit of will be sold to the highest bidder and all funds derived from Summer Flounder that has entered Virginia waters for safe such sale shall be deposited for the Commonwealth pending harbor shall not offload any Summer Flounder. court resolution of the charge of violating the possession limits established by this chapter. All of the collected funds will K. After any commercial harvest or landing quota as be returned to the accused upon a finding of innocence or described in 4 VAC 20-620-30 has been attained and forfeited to the Commonwealth upon a finding of guilty. announced as such, any boat or vessel possessing Summer Flounder on board may enter Virginia waters for safe harbor I. It shall be unlawful for a licensed seafood buyer or federally but shall contact the Marine Resources Commission permitted seafood buyer to fail to contact the Marine Operation Center in advance of such entry into Virginia Resources Commission Operation Station prior to a vessel waters. offloading Summer Flounder harvested outside of Virginia. VA.R. Doc. No. R02-64; Filed October 30, 2001, 9:17 a.m.

Volume 18, Issue 5 Virginia Register of Regulations Monday, November 19, 2001 2