V.I. Code tit. 12, § 312 (2019)
2019 US Virgin Islands Code|Title 12 - Conservation|Chapter 9A - Commercial Fishing|§ 312. Registration, certification and licensing

 (a) The administration and enforcement of Title 25, chapter 15 of the Code, regarding the identification and operation of motor boats, shall be vested in the Commissioner, and all fees and monies received under the provisions of said chapter shall be deposited in the Fish and Game Fund created under chapter 1, section 81a of this title; provided, that any and all vessels used for or engaged in commercial fishing or the hauling of traps, pots, nets or seines in the territory shall, in addition to the requirements of said chapter, conform to the requirements for displaying numbers and colors as hereinafter described in this section. (b) In addition to the motorboat certificate of number fee imposed by Title 25, chapter 15, section 293 of the Code, a registration tax of fifty ($50) dollars shall be required for all vessels, boats, schooners or launches used for commercial fishing purposes which are owned in whole or in part by an alien or nonresident of the territory. Such tax shall also be deposited in the Fish and Game Fund. (c) The Commissioner, upon written application from any person eligible for a license hereinafter referred to, and upon payment of the prescribed fee, shall grant and renew transferable fishing licenses for the purpose of fishing in the jurisdictional waters of this territory. Such licenses, except as hereinafter provided, shall be granted only to individuals who are citizens of the United States, aliens with permanent residence status and aliens bonded as fishermen who have resided in the territory for at least one year next preceding the date of application for such license, however, no license shall be issued to a minor under seventeen years of age except with the written consent of his or her parent, guardian or custodian and in the discretion of the Commissioner. (1) The license granted in this subsection shall be transferable to immediate relatives and family members of the grantee. (2) The license granted in this subsection shall be transferable to fisherman helpers. (d) All licenses issued pursuant to this section shall be issued by the Commissioner on forms prepared and designed for this purpose. The type of license issued may be varied depending upon the nature of the fishing activity being licensed. Said license shall be valid for either one, two or three years at the option of the applicant and in the discretion of the Commissioner, and shall take effect on July 1 of the year of commencement and shall expire on June 30 of the year of expiration. The fee for licenses purchased for less than the full term shall be prorated accordingly. The Commissioner, after consultation with each Fisheries Advisory Committee, shall by rule, pursuant to chapter 35 of Title 3 of the Code, prescribe a schedule of fees for each type of license issued under this section. (e) Each applicant for a commercial fishing license shall state the color scheme of the buoys desired to be used by him, which, if approved by the Commissioner, shall be set forth in his license. All buoys used by the licensee shall be marked accordingly, and all buoys, traps, pots, nets and seines used by him shall be marked with the licensee's number assigned to him by the Commissioner, which shall be burned or cut into the surface thereof. The size of said numbers shall be prescribed by regulation of the Commissioner. All buoys, pots, traps, nets and seines that are not marked as required shall be removed from the jurisdictional waters by any conservation officer and shall be held for a period of two (2) months. If the owner of such buoy, pot, trap, net or seine fails to claim same within said two (2) month period it shall be permanently confiscated and disposed of by the Commissioner as he deems appropriate. Conservation officers shall in no way be liable for such removal, confiscation or disposal. Before any buoy, pot, trap, net or seine is transferred, sold or given to another person, the owner shall burn or cut the letter “T” into the buoy, pot, trap, net or seine, after his number, to indicate that the buoy, pot, trap, net or seine has been transferred; and the new owner shall burn or cut his number into the buoy, pot, trap, net or seine. It shall be prima facie evidence of a violation of this section if a person has in his possession or uses any buoy, pot, trap, net or seine that has had the permit number removed, altered or defaced. The licensee's number shall, in addition to the number required to be attached by Title 25, section 293 of the Code, be prominently displayed on the fisherman's boat so as to be readily visible, in the manner specified by the Commissioner in his regulations. (f) Prior to engaging in fishing in territorial waters, the name and license number of said licensee must be previously entered in a register which shall be provided by the Commissioner and kept in an office or offices designated by the Commissioner. (g) No person shall take or attempt to take, with the aid or use of any vessel, any fish by pot, trap, net, seine or other contrivance designed for or adapted to the taking of fish, other than by angling, without displaying the buoy colors used by him in accordance with his license by painting the color or colors: (a) on each side of the hull or upon panels attached to each side of the hull, or (b) upon both sides of a single panel which is attached to the boat on top of the bow, or by mounting a buoy, not less than eleven (11) inches in length and four (4) inches in diameter, with his color scheme thereon, in an upright position at least six (6) inches above the roof of the boat. Color schemes painted on the hull of the boat or upon panels shall be displayed as a solid colored strip four (4) inches high and eighteen (18) inches long, each strip abutting another on the longest side, if more than one color, to form a rectangle or square. The rectangle or square thus formed shall have a black border all the way around at least one (1) inch wide. All color schemes so displayed shall be clearly visible from both sides of the boat. The operator of such fishing vessel is responsible to keep all markings legible and in good repair and insure that no part of the vessel, its rigging or fishing gear obstructs the view of the official number and buoy color from enforcement vessels, officers, or aircraft. (h) Any person licensed under the provisions of the preceding subsections may, upon application to the Commissioner and upon payment of the prescribed fee, obtain one or more helper's licenses, which shall authorize one person for each such license issued to assist such licensee in fishing in the coastal waters of the territory by means of pots, traps, nets or seines. Said licensee shall retain in his possession any such helper's licenses obtained by him, but such helper's license shall be applicable to any person so assisting said licensee. A licensee shall at all times, while acting in pursuance of his license or being assisted therein, exhibit his license and helper's licenses upon the demand of any conservation officer or other officer qualified to serve criminal process and, upon failure to do so, said officer may arrest any person violating this provision. (i) Any person or group of persons who shall willfully make a false statement in an application for a license pursuant to this chapter shall be guilty of a violation hereof and upon conviction, shall be subject to the penalty provided in section 325 of this chapter; provided, that the Commissioner shall declare null and void the license or group of licenses granted by virtue of such statement if he is convinced after a hearing held within sixty days of the occurrence of the alleged falsity, in which the licensee has been given the opportunity to defend himself, that the alleged false statement was willfully made. (j) Unless otherwise specifically provided by law, every license issued under any provision of this chapter or any other provision of law relating to fish and fisheries or any rules and regulations made under the authority thereof, held by any person convicted of a violation of any law relating to fish and fisheries or any rules or regulations made under the authority thereof by a court of competent jurisdiction, shall be suspended and inoperative for one month for the first offense, three months for the second offense and for one year for the third and subsequent offenses. All suspended or void licenses shall be surrendered forthwith to the Commissioner. No person whose license has become suspended or void shall be issued a new license under authority of any provision of law relating to fish and fisheries during the period of suspension. No fee received for a license suspended or made void under this section shall be refunded. (k) No license shall be required of those individuals who engage in fishing for the sole purpose of providing food for themselves and their families; provided, that such fishing is not commercial and does not involve pots, traps, set nets or haul seines. (l) If a license issued under this chapter is lost or destroyed, the licensee may, upon application to the Commissioner, and upon payment of a fee of two ($2) dollars, receive a duplicate thereof; provided, that such application is accompanied by an affidavit setting forth the circumstances of said loss or destruction. (m) The Commissioner shall state in his annual report the number of certificates of number, registrations and licenses of each kind granted under this section, and the total amount of the fees or taxes collected thereby. (n) Any person who violates any provision of this section, unless otherwise provided, shall be subject to a fine of not less than fifty ($50) dollars nor more than five hundred ($500) dollars.