Title of Regulation: 4VAC20-280. Pertaining to Speckled Trout and Red Drum (amending 4VAC20-280-30, 4VAC20-280-40, 4VAC20-280-50; adding 4VAC20-280-55).

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

Effective Date: April 1, 2014.

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) lower the commercial maximum size limit for red drum from 26 inches to 25 inches and increase the commercial possession limit from three fish to five fish; (ii) close the recreational speckled trout fishing season from March 1, 2014, through July 31, 2014; (iii) establish a year-round recreational speckled trout possession limit of five fish per person per day, with only one speckled trout allowed to be 24 inches or greater; (iv) establish mandatory weekly reporting by commercial buyers of speckled trout; and (v) establish a bycatch limit for commercial harvesters of speckled trout when 80% of the commercial landing limit of 51,104 pounds is projected to have been taken.

4VAC20-280-30. Size limits.

A. It shall be unlawful for any person to take, catch, or possess any speckled trout less than 14 inches in length, provided however, the catch of speckled trout by pound net or haul seine may consist of up to 5.0%, by weight, of speckled trout less than 14 inches in length.

B. It shall be unlawful for any person fishing with hook-and-line, rod-and-reel, or hand-line commercially with commercial hook and line gear, or fishing recreationally with any gear type to possess more than one speckled trout 24 inches or greater in any one day from December January 1 through March December 31 of any year, except as described in 4VAC20-280-40 B.

C. It shall be unlawful for any person fishing recreationally with any gear type to take, catch, or possess any red drum less than 18 inches in length or greater than 26 inches in length.

D. It shall be unlawful for any person fishing commercially with any gear type to take, catch, or possess any red drum less than 18 inches in length or greater than 25 inches in length.

D. E. Length is measured in a straight line from tip of nose to tip of tail.

4VAC20-280-40. Possession limits.

A. It shall be unlawful for any person fishing with hook-and-line, rod-and-reel, or hand-line commercially with commercial hook and line gear or recreationally with any gear type to possess more than 10 five speckled trout in any one day from April January 1 through November 30 in any year December 31, except as described in subsection B of this section.

B. It shall be unlawful for any person fishing with hook-and-line, rod-and-reel, or hand-line to possess more than five speckled trout from December 1 through March 31 in any year commercially with commercial hook and line gear or recreationally with any gear type to take, harvest, or possess any speckled trout from March 1 through July 31, 2014.

C. It shall be unlawful for any person fishing recreationally with any gear type to possess more than three red drum.

D. It shall be unlawful for any person fishing commercially with any gear type to possess more than five red drum.

4VAC20-280-50. Commercial landings quota and daily bycatch limit.

A. For each 12-month period of September 1 through August 31, the commercial landings of speckled trout shall be limited to 51,104 pounds.

B. When it is projected and announced that 80% of the commercial landings quota has been taken, it shall be unlawful for any commercial fisherman registration licensee to take, harvest, land, or possess a daily bycatch limit of up to 100 pounds of speckled trout, and that daily bycatch landing limit of speckled trout shall consist of at least an equal amount of other fish species.

B. C. When it is projected that the commercial landings quota will be met by a certain date within the above period, the Marine Resources Commission will provide notice of the closing date for commercial harvest and landing of speckled trout during that period; and it shall be unlawful for any person to harvest or land speckled trout for commercial purposes after such closing date for the remainder of that period.

4VAC20-280-55. Seafood buyer reporting requirements.

On each Monday, from August 1 through November 30, of an open commercial season for speckled trout, any licensed seafood buyer who purchased speckled trout during the previous seven days shall contact the commission's interactive voice recording system and report any purchases of speckled trout, in pounds, during the previous seven days.