Title of Regulation: 4VAC20-500. Pertaining to the Catching of Eels (amending 4VAC20-500-20, 4VAC20-500-40, 4VAC20-500-50, 4VAC20-500-55, 4VAC20-500-60; adding 4VAC20-500-35, 4VAC20-500-45).

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

Effective Date: January 1, 2014.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Summary:

The amendments establish (i) a gear-specific harvest season closure for all commercial gears, except pots and traps, from September 1 through December 31; (ii) a recreational possession limit of 25 eels per individual per day; (iii) a 9-inch minimum recreational and commercial size limit; and (iv) a charter and head boat possession limit of 50 eels per captain and crew per day.

4VAC20-500-20. Definition.

The following word words and term, terms when used in this chapter, shall have the following meaning meanings unless the context clearly indicates otherwise.

"Eel" or "eels," as described in this chapter, means the eel species Anguilla rostrata.

"Elver" means any eel of less than six inches in total length.

"Land" or "landing" means to enter port with eels on board any boat or vessel, to begin offloading eels, or to offload eels.

4VAC20-500-35. Minimum size limit.

It shall be unlawful for any individual to take, catch, possess, or land any eels less than nine inches in length.

4VAC20-500-40. Elvers.

It shall be unlawful for any person individual to possess elvers; provided, however, that elvers may be taken (i) for research only by duly appointed representatives of any institution of higher education in Virginia and by other parties when specifically authorized in writing by the Commissioner of Marine Resources or (ii) by those persons individuals who are approved for a permit for eel aquaculture by the commission.

4VAC20-500-45. Commercial season.

It shall be unlawful for any individual to harvest, take, catch, possess, or land any eels from September 1 through December 31 from any commercial gear, except from pots and traps.

4VAC20-500-50. Minimum mesh size.

A. It shall be unlawful for any person individual to place, set, or fish any eel pot in Virginia tidal waters which has a mesh less than 1/2-inch by 1/2-inch.

B. It shall be unlawful for any person individual to place, set, or fish any 1/2-inch by 1/2-inch mesh rectangular or square eel pot unless such pot contains at least one unrestricted 4-inch by 4-inch escape panel consisting of 1/2-inch by 1-inch mesh. In addition, it shall be unlawful for any person individual to place, set, or fish any 1/2-inch by 1/2-inch mesh cylindrical eel pot unless such pot contains at least one unrestricted 4-inch square escape panel of 1/2-inch by 1-inch mesh.

4VAC20-500-55. Possession limit.

A. It shall be unlawful for any person individual fishing with recreational hook and line, rod and reel, spear, gig, or other recreational gear to possess more than 50 25 eels per day, except as described in subsection B of this section for charter boats and head boats. When fishing is from a boat or vessel where the entire catch is held in a common hold or container, the possession limit shall be for the boat or vessel and shall be equal to the number of persons individuals on board legally eligible to fish multiplied by 50 25, except as described in subsection B of this section for charter boats and head boats. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limit. Any eel taken after the possession limit has been reached shall be returned to the water immediately.

B. It shall be unlawful for any captain or mate of any legally licensed charter boat or head boat to possess more than 50 eels per day. When fishing is from a charter boat or head boat, where the entire catch is held in a common hold or container, the possession limit shall be for the charter boat or head boat and shall be equal to the number of captains and mates on board legally eligible to fish multiplied by 50. Passengers on any charter boat or head boat shall possess no more than 25 eels per passenger per day. The captain or operator of the charter boat or head boat shall be responsible for any possession limit. Any eel taken after the possession limit has been reached shall be returned to the water immediately.

C. Possession of any quantity of eel which that exceeds the possession limit described in subsection A or B of this section shall be presumed to be for commercial purposes.

4VAC20-500-60. Penalty.

As set forth in § 28.2-903 of the Code of Virginia, any person individual violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person individual within 12 months of a prior violation is a Class 1 misdemeanor.