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

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 permitting and reporting requirements and (ii) add "kayak" to the definition of recreational vessel.

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, kayak, charter vessel, or headboat vessel participating in the recreational tilefish and grouper fishery.

"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 and mandatory reporting.

A. It shall be unlawful to possess aboard or to land any tilefish or grouper 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 Tilefish and Grouper Landing Permit from the Marine Resources Commission (MRC). The captain or operator shall be responsible for reporting for all anglers on the recreational vessel and shall provide his MRC identification (ID) number, the date of harvest, the number of individuals on board, the mode of fishing, and the number of tilefish and grouper, by species, kept or released.

B. It shall be unlawful for any person to possess or land any tilefish or grouper harvested recreationally from shore, a pier, or any other manmade structure without first having obtained a Recreational Tilefish and Grouper 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 tilefish and grouper, by species, kept or released on that report to the commission.

C. It shall be unlawful for any registered tilefish and grouper permittee, as described in this section, to fail to report trips where tilefish or grouper were caught, whether harvested, released, or 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 tilefish or grouper were targeted but not successfully caught on forms provided by the commission by the 15th day after the close of any tilefish and grouper recreational fishery seasons.

1. 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.

2. Any permittee who either fails to report the harvest of any tilefish or grouper or did not participate in any recreational tilefish and grouper recreational season and fails to report no activity shall be ineligible to receive the permit in the following year.

4VAC20-1120-32. Recreational mandatory harvest reporting. (Repealed).

A. It shall be unlawful for any registered tilefish and grouper landing permittee, as described in 4VAC20-1120-31, to fail to report 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. Any individual tilefish and grouper landing permittee shall submit a report including the commission permit identification number of the registered tilefish and grouper landing permittee; commission permit identification number of the vessel the individual is fishing from, if applicable; date of harvest; number of individuals on board, including captain; 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)

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