REGULATIONS
Vol. 40 Iss. 13 - February 12, 2024

TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Chapter 1120
Final

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-1120. Pertaining to Tilefish and Grouper (amending 4VAC20-1120-30, 4VAC20-1120-35).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: February 1, 2024.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248, FAX (757) 247-2002, or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments (i) change the recreational blueline tilefish season to coincide with the recreational black sea bass season; and (ii) clarify that the form required for a tilefish charter party is a federal form.

4VAC20-1120-30. Recreational harvest and possession limit.

A. It shall be unlawful for any person fishing recreationally to possess or land more than eight golden tilefish in Virginia tidal waters.

B. The recreational harvest, landing, and possession limit for blueline tilefish for any person fishing from a private or rental vessel shall be three fish. The recreational harvest, landing, and possession limit for blueline tilefish for any person fishing from a for-hire vessel that has been issued a valid federal Tilefish Charter/Party Permit but does not have a current U.S. Coast Guard certificate of inspection shall be five blueline tilefish per person per trip. The recreational harvest, landing, and possession limit for blueline tilefish for any person fishing from a for-hire vessel that has both a valid federal Tilefish Charter/Party Permit and a current U.S. Coast Guard certificate of inspection shall be seven blueline tilefish per person per trip.

C. The recreational harvest, landing, and possession limit for grouper, as described in 4VAC20-1120-20, shall be one fish. It shall be unlawful for any person to recreationally harvest, land, or possess more than one grouper within or without outside of Virginia tidal waters.

D. When fishing recreationally from any boat or vessel, where the entire catch is held in a common hold or container, the boat or vessel possession limit for any species described in subsection A or B of this section shall be equal to the sum of the personal possession limits, as described in subsection A or B of this section, of those persons on board legally eligible to fish. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limits.

4VAC20-1120-35. Recreational blueline tilefish season.

It shall be unlawful for any person fishing recreationally to harvest or possess any blueline tilefish from January 1 through April 30 May 14 and from November 1 16 through December 31.

VA.R. Doc. No. R24-7783; Filed January 23, 2024