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  regulations.
         Title of Regulation: 4VAC20-960. Pertaining to Tautog (amending 4VAC20-960-45, 4VAC20-960-47). 
    Statutory Authority: § 28.2-201 of the Code of  Virginia.
    Effective Date: January 1, 2013. 
    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 establish (i) a closed commercial fishing  season from January 22 through the last day of February and from May 1 through  October 31 and (ii) a closed recreational fishing season from May 1 through  September 19. 
    4VAC20-960-45. Recreational fishing season and possession  limits. 
    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 four  three tautog. When fishing is 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 four three. The captain or  operator of the boat or vessel shall be responsible for any boat or vessel  possession limit. Any tautog taken after the possession limit has been reached  shall be returned to the water immediately. 
    B. Possession of any quantity of tautog which exceeds the  possession limit described in subsection A of this section shall be presumed to  be for commercial purposes. 
    C. The 2012 recreational fishing season shall be  closed from April 16 through July 31 May 1 through September 19.
    D. It shall be unlawful for any person fishing recreationally  to take, catch, or possess any tautog during any closed recreational fishing  season. 
    4VAC20-960-47. Commercial fishing season and possession limits.
    The 2012 commercial fishing season shall be closed  from January 18 through March 15 January 22 through the last day of  February and May 1 through August 31 October 31, and it shall  be unlawful for any person to possess tautog for commercial purposes during  this period. 
    
        VA.R. Doc. No. R13-3464; Filed November 27, 2012, 2:29 p.m.