TITLE 4. CONSERVATION AND NATURAL RESOURCES
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
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 regulations.
Title of Regulation: 4VAC20-950. Pertaining to Black Sea Bass (amending 4VAC20-950-45, 4VAC20-950-60; repealing 4VAC20-950-70).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: May 1, 2024.
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.
Background: As a condition of the National Marine Fisheries Service opening a recreational black sea bass fishery in federal waters during February to states with approved fisheries, those states must reduce harvest during the regular season to recoup February landings. During the February 2024 recreational black sea bass season, Virginia anglers landed 24,179 pounds of black sea bass. The 2024 regular recreational season will be shortened to pay back February landings.
Summary:
The amendments (i) delay the opening of the second recreational black sea bass fishing season to August 4, 2024, and (ii) simplify the requirements for black sea bass aquaculture.
4VAC20-950-45. Recreational possession limits and seasons.
A. It shall be unlawful for any person fishing with hook-and-line, rod and reel, spear, gig, or other recreational gear to possess more than 15 black sea bass. When fishing from a recreational vessel where the entire catch is held in a common hold or container, the possession limit shall be for that vessel and shall be equal to the number of persons on board legally licensed to fish, multiplied by 15. The captain or operator of the vessel shall be responsible for that vessel possession limit. Any black sea bass taken after the possession limit has been reached shall be returned to the water immediately.
B. Possession of any quantity of black sea bass that exceeds the possession limit described in subsection A of this section shall be presumed to be for commercial purposes.
C. The open recreational fishing season shall be from May 15 through July 15 and July 27 August 4 through December 31.
D. It shall be unlawful for any person fishing recreationally to take, catch, or possess any black sea bass, except during an open recreational season.
E. From February 1 through the last day of February, it shall be unlawful for any person to possess or land any black sea bass harvested from a recreational vessel, unless the captain or operator of that recreational vessel has obtained a Recreational Black Sea Bass Permit from the Marine Resources Commission (commission).
1. The captain or operator shall be responsible for reporting for all anglers on the recreational vessel and shall provide that captain's or that operator's Marine Resources Commission identification (MRC ID) number, the date of fishing, the number of persons on board, the mode of fishing, and the number of black sea bass kept or released. That report shall be submitted to the commission on forms provided by the commission or through the Virginia Saltwater Fisherman's Journal.
a. It shall be unlawful for any permittee to fail to report each trip where black sea bass were targeted, whether black sea bass were harvested, released, or not caught, by March 15 of the current calendar year.
b. It shall be unlawful for any permittee who did not take any fishing trips to target black sea bass in the February recreational black sea bass season to fail to report lack of participation by March 15 of the current calendar year.
2. It shall be unlawful for any permittee to fail to contact the Law Enforcement Operations at 1-800-541-4646 before or immediately after the start of each fishing trip. The permittee shall provide the Law Enforcement Operations with the permittee's name, MRC ID number, the point of landing, a description of the vessel, estimated return to shore time, and a contact telephone number.
3. Any permittee shall allow the commission to sample the vessel's catch to obtain biological information for scientific and management purposes.
4VAC20-950-60. Black sea bass aquaculture facility permit.
A. Any It shall be unlawful for any person operating to operate an aquaculture facility in which any black sea bass will be cultured, possessed, offered for sale, or sold shall possess without first obtaining from the Marine Resources Commission (commission) a black sea bass aquaculture facility permit for that facility that was obtained from the commissioner. Any person in violation of any permit condition issued under this section may have the permit revoked at any time upon review by the commission. If the commission revokes any person's permit for an aquaculture facility, then that person shall not be eligible to apply for a like permit for a period of two years from the date of revocation.
1. The black sea bass aquaculture facility permit shall allow the facility to import black sea bass eggs, fry, and brood-stock from captive brood-stock facilities.
2. A black sea bass aquaculture facility permit is not transferable.
B. The application for a black sea bass aquaculture facility permit shall list the name and address of the applicant, the type and location of that facility, and an estimate of production capacity. A black sea bass aquaculture facility permit shall be valid for 10 years, from the date of issue, and may be renewed by the commissioner. The issuance and continuation of any person's black sea bass aquaculture facility permit are contingent on that designated facility being open for inspection by the Marine Resources Commission for the purposes of determining compliance with this chapter.
C. The original of the black sea bass facility aquaculture permit shall be maintained by the permittee and prominently displayed at the location of the permitted aquaculture facility. A copy of such permit shall be used as evidence of authorization to transport black sea bass to and from the permitted aquaculture facility.
4VAC20-950-70. Sale, records, importation, and release of black sea bass. (Repealed.)
A. All black sea bass produced by an aquaculture facility and permitted by 4VAC20-950-60 shall be packaged, prior to sale, with a printed label indicating the product is of aquaculture origin. When packaged and labeled according to these requirements, such fish may be transported and sold at retail, at wholesale, or commercially until reaching the consumer.
B. Any black sea bass that measures less than the lawful minimum size described in 4VAC20-950-30, but are the product of a permitted aquaculture facility in another state, may be imported into Virginia for the consumer market. Any fish shall be packaged and labeled in accordance with the provisions contained in subsection A of this section.
C. Under no circumstance shall any black sea bass produced by an aquaculture facility be placed into Virginia waters without written permission from the commissioner.
NOTICE: The following forms used in administering the regulation have been filed by the agency. Amended or added forms are reflected in the listing and are published following the listing. Online users of this issue of the Virginia Register of Regulations may also click on the name to access a form. The forms are also available from the agency contact or may be viewed at the Office of Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.
FORMS (4VAC20-950)
2021 Recreational/Charter Reporting Form (rev. 1/2021)
Application for a Permit to Propagate Finfish (rev. 4/2024)
VA.R. Doc. No. R24-7850; Filed April 23, 2024