crab pot license

[farmcall]

I made a poor attempt to ask this question in another post. I live in southeast va and am interested in obtaining a license and am wondering the requirements. I would like the smallest license (fewest pots) available. Is there more than one license required, I realize state not selling, and who can I by them from. I'm not interested in making a living but would like to purchase if possible. What does it cost to renew yearly etc. Thanks for info

[Tom Powers]

OK the smallest license . . you are allowed two pots per person for recreational use. . .no license required. No sale of catch allowed.

You are allowed a 5-pot recreational license for like $40 a year. Mandatory reporting (most probably) starting Jan 1 2010. No sale of catch allowed.

After that you get into the commercial licenses. You have to have a waterman's card. State code allows anyone to get one after a two year wait. You put in your application, wait two years; and get a license. You can also buy one on the open market . . . although state code explicitly prohibits the transfer of watermen's cards. . .

You can transfer a license from someone that has one. Check Craigs list, Trading post, etc. also you can go to the VMRC web site where they have a free no strings listing.

Other Commercial Licenses (http://www.mrc.state.va.us/othrlics.shtm)

You can also rent a license and work as an agent for someone. . . I don't know where to find those.

If you really want to start somewhere you may want to try a crap trot line as there are no limitations on buying one of those. Although you do need a commercial waterman's card for that if you plan on selling your catch.

[farmcall]

So what is the smallest commercial pot license (80)? Are you saying you can get a card but its not legal?

[Tom Powers]

I am saying that state code says the following.

§ 28.2-241. Registration of commercial fishermen required; exemption; penalty.
A. On and after January 1, 1993, holders of gear licenses, except those issued pursuant to § 28.2-402 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+28.2-402), issued January 1, 1992, through December 31, 1992, shall register as commercial fishermen as provided for in regulation.

.
.
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F. Registrations of commercial fishermen shall not be transferable.

However regulation (VMRC initiated laws which are supposed to only allow what State Code says they can) says. D. Exceptions to the two-year delay may be granted by the commissioner if he finds any of the following:

4VAC20-610-30. Commercial Fisherman Registration License; exceptions and requirements of authorized agents
<dir> 1. The applicant for an exception (i) has demonstrated, to the satisfaction of the commissioner, that the applicant has fished a significant quantity of commercial gear in Virginia waters during at least two of the previous five years; and (ii) can demonstrate, to the satisfaction of the commissioner, that a significant hardship caused by unforeseen circumstances beyond the applicant's control has prevented the applicant from making timely application for registration. The commissioner may require the applicant to provide such documentation as he deems necessary to verify the existence of hardship.

2. The applicant is purchasing another commercial fisherman's gear, and the seller of the gear holds a Commercial Fisherman Registration License and the seller surrenders that license to the commission at the time the gear is sold.

3. An immediate member of the applicant's family, who holds a current registration, has died or is retiring from the commercial fishery and the applicant intends to continue in the fishery. 4. Any applicant denied an exception may appeal the decision to the commission. The applicant shall provide a request to appeal to the commission 30 days in advance of the meeting at which the commission will hear the request. The commission will hear requests at their March, June, September, and December meetings.
5. Under no circumstances will an exception be granted solely on the basis of economic hardship.


While this one might be covered under . . .



</dir> § 28.2-243. Commission to promulgate regulations.
The Commission shall promulgate regulations governing the registration of commercial fishermen. The regulations shall include (i) the procedure and manner for application for registration as a commercial fisherman, (ii) the manner and form of mandatory harvest reports by commercial fishermen, and (iii) exceptions to the delay requirements pursuant to subsection C of § 28.2-241 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+28.2-241) based on scientific, economic, biological, sociological and hardship factors.



The rules say hardship and it says economic hardships don't count. Legally using the word "and" in a law means that ALL Clauses must apply. Furthermore, they are routinely done on a one out one in basis just because someone pays for a license asks for a transfer. . . Certainly it should not be applied for temporary transfers as is follows which has no requirement for hardship, etc. . . .



4VAC20-610-30. Commercial Fisherman Registration License; exceptions and requirements of authorized agents.

B. Requirements of authorized agents.
<dir> 1. No person whose Commercial Fisherman Registration License, fishing gear license, or fishing permit is currently revoked or rescinded, by the Marine Resources Commission, pursuant to §28.2-232 of the Code of Virginia is authorized to possess the Commercial Fisherman Registration License, fishing gear license, or fishing permit of any other registered commercial fisherman, in order to serve as an agent for fishing the commercial fisherman's gear or selling the harvest.

2. No registered commercial fisherman shall use more than one person as an agent at any time.

3. Any person serving as an agent shall possess the Commercial Fisherman Registration License and gear license of the commercial fisherman while fishing.

4. When transporting or selling a registered commercial fisherman's harvest, the agent shall possess either the Commercial Fisherman Registration License of that commercial fisherman or a bill of lading indicating that fisherman's name, address, Commercial Fisherman Registration License number, date and amount of product to be sold.

5. Any person licensed to harvest blue crabs commercially shall not be eligible to also serve as an agent.

6. Any person serving as an agent to harvest blue crabs for another licensed fisherman shall be limited to the use of only one registered commercial fisherman’s crab license; however, an agent may fish multiple crab traps licensed and owned by the same person.

7. There shall be no more than one person, per vessel, serving as an agent for a commercial crab licensee.

8. Prior to using an agent in any crab fishery, the licensee shall register that person, with the Commission, and shall receive approval for use of that agent, prior to the commencement of any harvesting activity.

9. Failure to abide by any of the provisions of this section, shall constitute a violation of this regulation.


</dir>

[farmcall]

Wow, had no idea you had to be an attorney to crab... so for us with only a Doctorate can I buy what I need from someone or not? Thanks again

[Tom Powers]

Yes and in spite of state code and absent of any actual hardship. . . .

If you want to spend the money you can buy and obtain the necessary licenses and permits in order to enter the commercial fishery. However, I would make any purchase contingent on VMRC approving the transfer of the permits/licenses. Also I would get on the stick as there is every potential that they will go through the 100 allowed transfers early in the season. The 100 transfer limit is in a calendar year so the "starting gun" sounds at 8:30 AM on Jan. 4th when the VMRC offices open.

[BowMovements]

And I thought Marylands code was screwy.

[farmcall]

Thanks for info, any one interested in selling, as always great board and people.