Entering Or Exiting The Commercial Fisheries

Becoming A Commercial Waterman  Entering The Oyster Fishery  Exiting The Commercial FisheryPrivate Ground/Aquaculture Shellfish Fishery  Estate Planning

How To Become A Commercial Waterman

To sell, barter, or trade Virginia's marine resources, you must have a Commercial Fisherman’s Registration License (CFRL, also called a Commercial Card or Waterman’s Card) that you renew annually.

Two ways to get a CFRL:

• Purchase one from someone selling their license.
  • Click here for private license sales classifieds.
• Enter two-year delayed entry program. Submit completed application and fee (price depends on age and residency – details on application). Two years from the date the application is received, your CFRL will be mailed to the address on the application.
• Form and instructions here.

Once you have your CFRL, you must buy a license for the gear you intend to use and/or fishery you want to enter. For a current list of all licenses and fees, visit this page (*means they are limited entry). Additional information on limited entry licenses can be found here.

You must renew your CFRL annually by April 30 or it will be forfeited.
You do not have to buy any other gear license (outside of the oyster user fee, see below) every year unless you intend to use it.

How To Enter The Public Ground Oyster Fishery

You must have a Commercial Fisherman’s Registration License (see previous section) prior to obtaining an Oyster User Fee – All Gear License.

Two ways to get an Oyster User Fee - All Gear License:

• Transfer from a current licensee to a spouse, sibling, parent, child, grandparent, or grandchild who possesses a current Commercial Fisherman Registration License and intends to participate in the public oyster fishery.
• Purchase one from someone other than a direct family member who wishes to sell their license and meets the transfer eligibility requirements listed below.
• The transferor has paid the oyster resource user fee for the previous five consecutive calendar years and has satisfied one of the following conditions:
• Has oyster harvest documented by Marine Resources Commission’s mandatory harvest reporting system and buyers’ reports in a minimum of three of the previous five calendar years; or
• Has a Commissioner of the Marine Resources-approved documented medical hardship or is deceased.
• Click here for private license sales classifieds
• Before purchasing, contact Shellfish Management Division to check eligibility: 757-247-2120.

The eligibility criteria above are subject to change by the VMRC. For the most current transfer eligibility criteria, see the regulation "Pertaining to Restrictions on Oyster Harvest" here or contact the Shellfish Management Division at 757-247-2120.

You must renew your CFRL annually by April 30 or it will be forfeited.
You must renew your oyster user fee annually by December 31 of each calendar year or it will be forfeited.
You do not have to buy any other gear license outside of the oyster user fee every year unless you intend to use it.

How To Exit The Commercial Fishery

If you no longer plan to fish for commercial purposes, you can let all of your licenses lapse or you can transfer them to someone else.

Advertise licenses for sale on our website here

To transfer your commercial licenses:

1. What licenses do you have and what licenses do you want to transfer?
• If transferring your CFRL, you must first have purchased your CFRL for the current year and your mandatory harvest reporting must be up to date.
• All gear licenses need to be transferred before or at the same time as the CFRL. If transferring your Oyster User Fee – All Gear, Oyster User Fee – All Gear DOES NOT have to be purchased for the current year to transfer license.
• Some gear licenses have requirements in order to transfer, please refer to each transfer form for more information. For most licenses, you do not need to have purchased that year’s license to transfer it.
2. Is the individual transferring licenses deceased?
• See section on estate planning below.
3. Who are you transferring to?
• All forms need to be signed and notarized by both parties.
• Looking for someone to sell to? Check our private license sales classifieds here.
4. Do you have all the forms that you need to transfer?
• Forms can be found here.
• Read all requirements on the form before submitting to VMRC.
5. What else do I send in beside the application(s)?
• The current calendar year CFRL and any licenses/permits that were already purchased for the year need to be turned in with application.
• Gear licenses do not need to be purchased for the current year to be transferred.

Once all the forms have been completed, signed, and notarized, they can be mailed to our main office (Attn: Fisheries, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651), or dropped off in person at the office. Either way, there will be a 7-10 business days processing time. The transferee will receive a letter in the mail or phone call when it is complete.

A notary is often available at VMRC during business hours. Call 757-247-2200 to check notary availability and/or make an appointment.

FAQs

• Is there a fee to transfer?
• No, you only pay the license fee itself once the application has been approved by VMRC and you have received your acceptance letter.
• Do I need an appointment, or can I just show up?
• While you do not need an appointment, it is wise to make one to ensure the right people are here to handle your request.
• For an appointment for transfer a CFRL, please contact 757-247-2238.
• For an appointment to transfer an Oyster User Fee – All Gear, please contact 757-247-2120.

Private Ground/Aquaculture Shellfish Fishery

Entering Private Ground Shellfish Fishery

VMRC leases portions of state-owned bottom to individuals or entities as oyster ground leases. Leases are issued for a period of 10 years. At the end of the 10-year period, a leaseholder must apply to have their oyster ground lease renewed. Renewal is dependent on minimum growth and production qualifications. To obtain a regular oyster ground lease, you must apply for one. To apply for an oyster ground lease or to find more information regarding the application process, follow this link: https://webapps.mrc.virginia.gov/public/oystergrounds/apply.php. There is an application fee that increases with the acreage applied for. There is a yearly rent cost of $1.50 per acre or any portion thereof.

If you own upland property with a minimum of 205 feet along a tidal waterway, you may qualify for a riparian oyster ground lease. There is a maximum acreage for riparian leases of one-half (0.5) acre. The application process for a riparian lease is the same as for a regular lease. Riparian leases are exempt from the 10-year lease renewal process, as they are issued for as long as the property remains in the name of the property owner with no minimum requirements for growth or production.

If you wish to grow shellfish loose on the bottom of your lease, you do not need any additional permits or licenses. However, if you want to place containers or other structures, a permit may be required. See the following page for more information regarding activities that may require additional permits and/or licenses: https://mrc.virginia.gov/Shellfish_Aquaculture.shtm

Exiting Private Ground Shellfish Fishery

Options for Regular Shellfish Leases

If you have a regular oyster ground lease in your name that you no longer want, you have options. If you still want part of the lease but want to let go of certain areas that may not be productive, you can request the surveyor in your area to resurvey your lease to a smaller area. There is a dependent resurveying fee. If you want to let go of the lease all together, you can either terminate the lease yourself or transfer it to someone else. To terminate the lease, send a written letter or email to the Engineering/Surveying Department of the Shellfish Management Division stating your desire to let go of the lease.

If you choose to email your termination request, please send to the Department Chief Adam Kenyon at Adam.Kenyon@mrc.virginia.gov

If you choose to mail your termination request, please mail it to:

Virginia Marine Resources Commission
Engineering/Surveying Department
380 Fenwick Road – Bldg 96
Fort Monroe VA, 23651

Once your termination request is processed, you will receive a letter stating that the lease has been terminated and the ground will revert to the State to allow someone else to apply for it.

If you desire to transfer your ground to someone else, you must apply for transfer. There is a fee to transfer. You may transfer to anyone you wish, provided they are a Virginia resident and there has been significant production on the lease. To inquire about an oyster ground transfer, you may contact the lead surveyor of Engineering/Surveying at 757-247-2227.

Options for Riparian Shellfish Leases

If a riparian leaseholder is selling their property and wishes to transfer the lease to the new property owner, they must fill out the transfer paperwork and pay the transfer fee. If the owner of the upland property changes and the riparian lease is not transferred within 18 months, the riparian lease is automatically terminated, and the new upland property owner must apply for a new riparian lease.

Estate Planning for Commercial Licenses

Commercial Fishing Licenses As Part Of An Estate

A CFRL, Oyster User Fee All Gear License, and other transferrable gear licenses can be transferred from a deceased party following the procedure below.

• If commercial licenses and other MRC licenses are left to someone in a will: Submit a copy of the probated will that details who is the recipient of the licenses.
• If there is no will: Submit either an (i) executor statement, (ii) letter of qualification, (iii) administrator assignment, or (iv) a small estate affidavit* for review. These forms can be obtained through your local circuit court.
• What do I turn into VMRC?
1. One of the following: (i) executor statement, (ii) letter of qualification, (iii) administrator assignment, (iv) small estate affidavit*, or (v) probated will
2. A copy of the valid death certificate
3. All signed and notarized transfer forms (see How to Exit the Commercial Fishery section above).
• The executor or administrator of the estate will sign on behalf of the deceased party (transferor) and the beneficiary of the licenses will sign as the transferee.

*A small estate affidavit can be used if the property value is less than $50,000 and at least 60 days have passed since the decedent's death, see § 64.2-600-605 of the Code of Virginia for additional stipulations.

Estate Planning for Shellfish Leases

Regular Shellfish Leases

If a leaseholder dies, the lease must be either terminated or transferred as a lease cannot remain in the name of a deceased person. If a lease transfer has not taken place within 18 months from the date of death of the leaseholder, the lease is terminated and reverted to the State.

To complete a transfer after a leaseholder has died, whoever is handling the affairs of the deceased leaseholder needs to submit the transfer paperwork along with a copy of the leaseholder's death certificate; a copy of their will, or a copy of a letter of qualification from the courts; and the transfer fee. To inquire about lease transfers, you may contact the Lead Surveyor of the Engineering/Surveying Department at 757-247-2227.

If a leaseholder dies and whoever is handling the affairs of the leaseholder wishes to terminate the lease, they need to send a copy of the leaseholders’ death certificate along with a written letter to the Engineering/Surveying Department stating that the leaseholder has died and that they wish to terminate the lease. The death certificate and letter can be mailed to:

Virginia Marine Resources Commission
Engineering/Surveying Department
380 Fenwick Road – Bldg 96
Fort Monroe VA, 23651

If a lease is in the name of more than one lessee and one lessee dies, the remaining living lessee should send VMRC a copy of the deceased lessee’s death certificate and they will be removed from the lease, leaving the lease in the name(s) of the remaining living lessee(s).

Riparian Shellfish Leases

If a riparian leaseholder dies and the lease is willed along with the property to the same person, whoever is handling the deceased leaseholders' affairs must fill out the transfer paperwork and submit the transfer fee, the leaseholder's death certificate, and either the will or a copy of a letter of qualification from the courts.

If no transfer of riparian lease grounds is completed within 18 months of the date of death of the lessee, the riparian lease will be automatically terminated and reverted to the State.

Page updated: 10:54 AM Friday, April 26, 2024