Title of Regulation: 4VAC20-380. Pertaining to Grey Trout (Weakfish) (amending 4VAC20-380-30, 4VAC20-380-50, 4VAC20-380-60).

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

Effective Date: May 1, 2010.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Summary:

The amendments (i) modify the landing limit for out-of-state trawl from 300 to 100 for grey trout less than 12 inches in length; (ii) establish open seasons for all gear types that harvest grey trout as time periods when there are not closed harvest periods; (iii) establish for any open season a 100-pound vessel possession limit for grey trout per day or trip, whichever is the longer period of time; (iv) establish closed season possession limits as 100 pounds per vessel per day or trip, whichever is the longer period of time; (v) establish a 100-pound vessel possession limit for any gear type not subject to a closed period per day or trip, whichever is the longer period of time; (vi) establish a one grey trout possession limit for any person fishing with hook and line, rod and reel, or hand line; and (vii) establish that when fishing from a 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 one.

4VAC20-380-30. Commercial minimum size limits.

A. For any person fishing with pound net or haul seine, there shall be no minimum size limit on grey trout.

B. It shall be unlawful for any person fishing with gill nets to possess any grey trout less than 12 inches in length.

C. It shall be unlawful for any trawl boat to land any grey trout in Virginia that are less than 12 inches in length, except that up to 300 100 grey trout less than 12 inches in length may be landed by trawl but shall not be sold.

D. It shall be unlawful for any person fishing with commercial hook and line to possess any grey trout less than 12 inches in length.

E. It shall be unlawful for any person using any gear type not specified in subsection A, B, C, or D of this section to possess any grey trout less than nine inches in length.

F. During a closed season it shall be unlawful for any person using any gear type which is regulated by a closed season to possess any grey trout less than 12 inches in length.

G. Length is measured in a straight line from the tip of the nose to the tip of the tail.

4VAC20-380-50. Commercial fishing season.

A. The open seasons on grey trout harvested by pound net shall be April 1 through April 30 and May 23 through September 12. The closed season seasons on grey trout harvested by pound net shall be May 1 through May 22, and September 13 through March 31 except as provided in subdivision 1 of this subsection.

1. Any pound net fisherman who holds 2 or 3 pound net licenses in accordance with the provisions of 4VAC20-600-10 et seq. may forfeit only one of those licenses to be exempt from the closed seasons as established in this subsection. Any pound net fisherman who holds 4, 5, or 6 pound net licenses in accordance with the provisions of 4VAC20-600-10 et seq. may forfeit only two of those licenses to be exempt from the closed seasons as established in this subsection. Any pound net fisherman who holds 7, 8, or 9 pound net licenses in accordance with the provisions of 4VAC20-600-10 et seq. may forfeit only three of those licenses to be exempt from the closed seasons as established in this subsection. Forfeiture of any license shall be through March 31, of each fishing season, and shall occur prior to May 1 of each fishing season.

2. Any pound net licensee who forfeits a license pursuant to subdivision 1 of this subsection shall retain his priority rights to such locations for future licensing until April 1 of the following fishing season. Any pound net fisherman who forfeits one or more pound net licenses may reclaim such licenses during the period of March 15 of the current fishing season through April 1 of the following fishing season, but shall not set or fish any pound nets provided for by such licenses prior to April 1.

3. Those pound net licensees who hold multiple gear licenses and satisfy the requirement of subdivision 1 of this subsection may transfer an unused license to a licensee who holds a single pound net license.

B. The open seasons on grey trout harvested by gill net shall be April 1 through May 13, October 21 through December 30, and March 16 through March 31. The closed seasons on grey trout harvested by gill net shall be May 14 through October 20, and December 31 through March 15.

C. The open seasons on grey trout harvested by haul seine shall be April 16 through June 10 and August 21 through September 24. The closed seasons on grey trout harvested by haul seine shall be April 1 through April 15;, June 11 through August 20;, and September 25 through March 31.

D. The open season on landing grey trout harvested by trawl shall be April 1 through September 25. The closed season on landing grey trout harvested by trawl shall be September 26 through March 31.

E. During any open season described in subsections A, B, C, and D of this section, the boat or vessel possession limit for grey trout shall be 100 pounds per day or trip, whichever is the longer period of time.

E. F. During any closed season described in subsections A, B, C, and D of this section, the boat or vessel possession limit for grey trout taken as by-catch bycatch in other directed fisheries shall be the lesser of 450 pounds or an amount equal to the number of registered commercial fishermen or seafood landing licensees on board multiplied by 150 pounds 100 pounds per day or trip, whichever is the longer period of time. For any gear type not subject to a closed season, the possession limit shall be the lesser of 450 pounds or an amount equal to the number of registered commercial fishermen or seafood landing licensees on board multiplied by 150 pounds. Only one license per person, either the commercial fisherman's registration license or seafood landing license, shall be used to calculate the boat or vessel possession limit. Further, during any closed season described in subsections A, B, C, and D of this section, it shall be unlawful for any person to do any of the following:

1. Possess any grey trout less than 12 inches in total length.

2. Possess aboard any vessel or land any quantity of grey trout that is more than the total weight of species other than grey trout on board the vessel.

G. For any gear type not subject to a closed season, nor described in subsections A, B, C, or D of this section, the vessel possession limit shall be 100 pounds per day or trip, whichever is the longer period of time.

4VAC20-380-60. Recreational fishing seasons, minimum size limits, and possession limits.

A. It shall be unlawful for any person fishing with hook and line, rod and reel or hand line to possess more than six one grey trout and the minimum size limit shall be 12 inches in length.

B. When fishing from a 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 six one. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limit. Any grey trout taken after the possession limit has been reached shall be returned to the water immediately.