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
Title of Regulation: 4VAC20-510. Pertaining to
Amberjack and Cobia (amending 4VAC20-510-12, 4VAC20-510-15,
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 email@example.com.
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.
The following term when used in this chapter shall have the
following meaning unless the context clearly indicates otherwise:
"Recreational vessel" means any
vessel, kayak, charter vessel, or headboat vessel.
4VAC20-510-15. Recreational cobia permit and mandatory
A. It shall be unlawful for any person to possess or land any
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
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.
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.
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.
2017 Recreational Reporting Form (filed 12/2016)
Recreational/Charter Reporting Form (rev. 4/2017)
VA.R. Doc. No. R17-5091; Filed March 31, 2017, 1:56 p.m.