Title of Regulation: 4VAC20-1120. Pertaining to Tilefish and Grouper (amending 4VAC20-1120-20, 4VAC20-1120-31, 4VAC20-1120-32).

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 divide the recreational permit by individual, private, or charter-headboat and modify the recreational mandatory harvest reporting requirements. Changes to the reporting requirements include reporting of tilefish or grouper within seven days after the trip occurs and reporting of the Marine Resources Commission permit identification number and number of tilefish or grouper kept and released. A permittee who does not participate in the tilefish and grouper recreational fishery season must report that information by the 15th day after the close of the recreational fishery season. A permittee who does not report or reports no activity will not be eligible to receive a permit in the subsequent year.

4VAC20-1120-20. Definitions.

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

"Commercial fishing" or "fishing commercially" or "commercial fishery" means fishing by any person where the catch is for sale, barter, trade, or any commercial purpose, or is intended for sale, barter, trade, or any commercial purpose.

"Grouper" means any of the following species:

Black grouper, Mycteroperca bonaci

Coney, Cephalopholis fulva

Gag grouper, Mycteroperca microlepis

Goliath grouper, Epinephelus itajara

Graysby, Cephalopholis cruentata

Misty grouper, Epinephelus mystacinus

Nassau grouper, Epinephelus striatus

Red grouper, Epinephelus morio

Red Hind, Epinephelus guttatus

Rock Hind, Epinephelus adscensionis

Scamp, Mycteroperca phenax

Snowy grouper, Epinephelus niveatus

Speckled Hind, Epinephelus drummondhayi

Tiger grouper, Mycteroperca tigris

Warsaw grouper, Epinephelus nigritus

Wreckfish, Polyprion americanus

Yellowedge grouper, Epinephelus flavolimbatus

Yellowfin grouper, Mycteroperca venenosa

Yellowmouth grouper, Mycteroperca interstitialis

"Recreational fishing" or "fishing recreationally" or "recreationally fishing" means fishing by any person, whether licensed or exempted from licensing, where the catch is not for sale, barter, trade, or any commercial purpose, or is not intended for sale, barter, trade, or any commercial purpose.

"Recreational vessel" means any private vessel, charter vessel, or headboat vessel.

"Tilefish" means any of the following species:

Blueline tilefish, Caulolatilus microps

Golden tilefish, Lopholatilus chamaeleonticeps

Sand tilefish, Malacanthus plumieri

4VAC20-1120-31. Recreational landing permit.

It shall be unlawful to possess aboard or to land from any private recreational fishing vessel, charter boat, or head boat, any tilefish or grouper harvested recreationally without first having obtained a an Individual, Private Vessel, or Charter-Headboat Tilefish and Grouper Landing Permit for that vessel from the Marine Resources Commission. Such permit shall be completed in full by the vessel owner or operator, approved by the commissioner or his designee, and a copy shall be kept with the permittee while tilefish or grouper is in the possession of that permittee.

4VAC20-1120-32. Recreational mandatory harvest reporting.

A. It shall be unlawful for any registered Tilefish and Grouper Landing Permittee tilefish and grouper landing permittee, as described in 4VAC20-1120-31, to fail to fully report harvests and related information as set forth in this chapter and as provided by 4VAC20-610-60 trips where tilefish or grouper are caught, whether harvested or released, or the possession of any tilefish or grouper in accordance with this section, on forms provided by the Marine Resources Commission (commission) within seven days after the trip occurred. It shall be unlawful for any permittee to fail to report trips where tilefish or grouper were targeted but not successfully caught, and reports shall be made using forms provided by the commission by the 15th day after the close of the tilefish and grouper recreational fishery seasons.

B. Registered tilefish and grouper Landing Permittees shall complete a daily form that accurately enumerates and legibly describes that permittee's daily harvest from Virginia tidal and federal waters. The form used to record daily harvest shall be that provided by the commission or approved by the commission.

C. Registered tilefish and grouper Landing Permittees shall submit a monthly harvest report to the commission no later than the fifth day of the following month. This report shall be accompanied by the daily harvest records described in subsection D of this section. Completed forms shall be mailed or delivered to the commission or other designated locations.

D. The monthly harvest report and daily harvest records from registered B. Any individual tilefish and grouper Landing Permittees landing permittee shall include submit a report including the name and signature commission permit identification number of the registered tilefish and grouper Landing Permittee and his license number landing permittee; commission permit identification number of the vessel the individual is fishing from, if applicable; date of harvest; city or county of landing; water body fished; gear type and amount used; number of hours fished; number of individuals on board, including captain; species harvested; number of discard by species; live weight of each individual species harvested; and vessel identification (Coast Guard documentation number, Virginia license number, or hull/VIN number) and the number of tilefish and grouper, by species, kept and released.

C. Any private vessel or charter-headboat recreational tilefish and grouper landing permittee shall provide the vessel's commission permit identification number; date of any harvest; number of individuals on board; and number of tilefish and grouper, by species, kept and released. Any such permittee must report all trips made by the vessel to which the permit applies where tilefish and grouper are caught or targeted even if the permittee was not on board the vessel during every such trip.

D. Any permittee who did not participate in the tilefish and grouper recreational fishery season shall notify the commission of his lack of participation by the 15th day after the close of the tilefish and grouper recreational fishery seasons.

E. Any permittee who fails to report the harvest of any tilefish or grouper shall be ineligible to receive the permit in the year following the year in which that permittee failed to report. Any permittee who did not participate in the recreational tilefish and grouper recreational fishery seasons and fails to report no activity shall also be ineligible to receive the permit in the year following the year in which that permittee failed to report.

FORMS (4VAC20-1120)

2017 Recreational Reporting Form (undated, filed 12/2016)