Title of Regulation: 4VAC20-510. Pertaining to Amberjack and Cobia (amending 4VAC20-510-12, 4VAC20-510-15, 4VAC20-510-20).

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

Effective Date: April 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 (i) simplify the recreational reporting requirements, (ii) make the captain or operator responsible for reporting, (iii) add "kayak" to the definition of recreational vessel, (iv) set the commercial cobia season as June 1 through September 15, and (v) change the maximum vessel limit for cobia as three fish.

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, kayak, 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 from a recreational vessel unless the captain or operator of that recreational vessel has obtained an Individual, Private Vessel, or Charter-Headboat a Recreational Cobia Permit from the Marine Resources Commission (commission). The captain or operator shall be responsible for reporting for all anglers on the recreational vessel and shall provide his Marine Resources Commission identification (MRC ID) number, the date of harvest, the number of individuals on board, the mode of fishing, and the number of cobia kept or released.

B. It shall be unlawful for any person to possess or land any cobia harvested recreationally from shore, a pier, or any other manmade structure without first having obtained a Recreational Cobia Permit from the Marine Resources Commission. Any such permittee shall provide his MRC ID number, the date of harvest, the mode of fishing, and the number of cobia kept or released on that report to the commission.

B. C. 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 possessed 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 any 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. 1. 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. 2. Any permittee who either fails to report the harvest of cobia or did not participate in any recreational cobia season and fails to report no activity shall be ineligible to receive an Individual, Private Vessel, or Charter-Headboat a 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.

4VAC20-510-20. Recreational fishery possession limits; season closure; vessel allowance; prohibition on gaffing.

A. It shall be unlawful for any person fishing recreationally to possess more than two amberjack or more than one cobia at any time. Any amberjack or cobia caught after the possession limit has been reached shall be returned to the water immediately. When fishing from any 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 on board legally eligible to fish multiplied by two for amberjack or one for cobia, except there is a maximum vessel limit of two three cobia per vessel per day. That vessel limit may only include one cobia greater than 50 inches in total length. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limit.

B. In 2016 2017, it shall be unlawful for any person, fishing recreationally, to harvest or possess any cobia before June 1 or after August 30 September 15.

C. It shall be unlawful for any person fishing recreationally to gaff or attempt to gaff any cobia.

FORMS (4VAC20-510)

2017 Recreational Reporting Form (filed 12/2016)

2017 Recreational/Charter Reporting Form (rev. 4/2017)