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

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

Effective Date: March 3, 2023.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248, FAX (757) 247-2002, or email jennifer.farmer@mrc.virginia.gov.

Summary:

Pursuant to data presented to the Marine Resources Commission regarding best methods of assessing Cobia stock, the amendments terminate the Recreational Cobia Mandatory Reporting Program (RCMRP) and associated species permit; the data reported via RCMRP lacks a fishery-independent survey, thus is insufficient for figuring a coastwide abundance index.

4VAC20-510-12. Definitions.

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

"Amberjack" means any fish of the species Seriola dumerili.

"Cobia" means any fish of the species Rachycentron canadum.

"Mandatory Harvest Reporting Program Web Application" means the online web-based resource provided by the commission to report commercial harvest of seafood at https://webapps.mrc.virginia.gov/harvest/.

"Recreational vessel" means any vessel, kayak, charter vessel, or headboat fishing recreationally.

"Snout" means the most forward projection from a fish's head that includes the upper and lower jaw.

"Total length" means the length of a fish measured from the most forward projection of the snout, with the mouth closed, to the tip of the longer lobe of the tail (caudal) fin, measured with the tail compressed along the midline, using a straight-line measure, not measured over the curve of the body.

"Virginia Saltwater Fisherman's Journal" means the online web-based resource provided by the commission to report recreational harvest of seafood at https://www.vasaltwaterjournal.com.

4VAC20-510-15. Recreational cobia permit and mandatory reporting. (Repealed.)

A. It shall be unlawful for any person to possess or land any cobia harvested from a recreational vessel unless the captain or operator of that recreational vessel has obtained 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. Any captain or operator who did not take fishing trips to target cobia during the current recreational cobia season is still required to report lack of participation.

B. It shall be unlawful for any person to possess or land any cobia harvested recreationally from shore, a pier, or any other man-made structure without first having obtained a Recreational Cobia Permit from the Marine Resources Commission. Permittees shall be responsible for reporting all trips. Any permittee who did not take fishing trips to target cobia during the current recreational cobia season is still required to report lack of participation.

C. It shall be unlawful for any recreational cobia permittee to fail to report on forms provided by the commission or through the Virginia Saltwater Fisherman's Journal. Reports shall include MRC ID number, the date of harvest, the mode of fishing, the number of cobia kept or released, and, if fishing from a vessel, the number of persons on board.

1. Any permittee who did not take any fishing trips to target cobia during the recreational cobia season shall report the permittee's lack of participation by midnight on October 6 of that calendar year.

2. Any permittee shall report trips where cobia were targeted but not successfully caught by midnight on October 6 of that calendar year.

3. Any permittee shall report trips where cobia were caught, whether harvested, released, or possessed by midnight on October 6 of that calendar year.

D. Following October 6 of the current calendar year, any permittee who failed to report for any season shall be ineligible to receive a recreational cobia permit for the following calendar year but shall be eligible to reapply for that permit in subsequent years.