TITLE 4. CONSERVATION AND NATURAL RESOURCES
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: 4VAC20-510. Pertaining to
Amberjack and Cobia (adding 4VAC20-510-12, 4VAC20-510-15).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: January 1, 2017.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendments define "recreational vessel" and
prohibit landing of cobia recreationally without a permit. The regulation adds
the requirements for reporting cobia and requires a permittee to report the
trips where cobia are caught.
4VAC20-510-12. Definitions.
The following term when used in this chapter shall have
the following meaning unless the context clearly indicates otherwise:
"Recreational vessel" means any private vessel,
charter vessel, or headboat vessel.
4VAC20-510-15. Recreational cobia permit and mandatory
reporting.
A. It shall be unlawful for any person to possess or land
any cobia harvested recreationally without first having obtained an Individual,
Private Vessel, or Charter-Headboat Recreational Cobia Permit from the Marine
Resources Commission (commission).
B. It shall be unlawful for any permittee to fail to
report trips where cobia are caught, whether harvested or released, or the
possession of any cobia in accordance with this section on forms provided by
the commission within seven days after the trip occurred. It shall be unlawful
for any permittee to fail to report trips where cobia were targeted but not
successfully caught by the 15th day after the close of the recreational cobia
fishery season. The reporting requirements shall be as follows:
1. Any individual recreational cobia permittee shall
provide his own commission permit identification number; the commission permit
identification number of the recreational vessel the individual is fishing
from, if applicable; the date of any harvest; and the number of cobia kept or
released.
2. Any private vessel or charter-headboat recreational
cobia permittee shall provide the vessel's commission permit identification
number; the date of any harvest; the number of individuals on board; and the number
of cobia kept or released. Any such permittee must report all trips made by the
vessel to which the permit applies where cobia are caught or targeted even if
the permittee was not on board the vessel during every such trip.
3. Any permittee who did not participate in the
recreational cobia season shall notify the commission of his lack of
participation by the 15th day after the close of the recreational cobia season
on forms provided by the commission.
4. Any permittee who fails to report the harvest of cobia
shall be ineligible to receive an Individual, Private Vessel, or
Charter-Headboat Recreational Cobia Permit in the year following the year in
which that permittee failed to report. Any permittee who did not participate in
the recreational cobia season and fails to report no activity shall also be
ineligible to receive an Individual, Private Vessel, or Charter-Headboat
Recreational Cobia Permit in the year following the year where that permittee
failed to report.
NOTICE: The following
form used in administering the regulation was filed by the agency. The form is
not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of the form with a hyperlink to
access it. The form is also available from the agency contact or may be viewed
at the Office of the Registrar of Regulations, General Assembly Building, 2nd
Floor, Richmond, Virginia 23219.
FORMS (4VAC20-510)
2017
Recreational Reporting Form (filed 12/2016)
VA.R. Doc. No. R17-5004; Filed December 19, 2016, 2:20 p.m.