Title of Regulation: 4VAC20-1120. Pertaining to Tilefish and Grouper (repealing 4VAC20-1120-31).

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

Effective Date: April 1, 2019.

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

Summary:

The amendment repeals the mandatory reporting requirements for recreational landing of tilefish and grouper.

4VAC20-1120-31. Recreational permit and mandatory reporting. (Repealed.)

A. It shall be unlawful to possess aboard or to land any tilefish or grouper harvested from a recreational vessel unless the captain or operator of that recreational vessel has obtained a Recreational Tilefish and Grouper Permit from the Marine Resources Commission (MRC). The captain or operator shall be responsible for reporting for all anglers on the recreational vessel and shall provide his MRC identification (ID) number, the date of harvest, the number of individuals on board, the mode of fishing, and the number of tilefish and grouper, by species, kept or released.

B. It shall be unlawful for any person to possess or land any tilefish or grouper harvested recreationally from shore, a pier, or any other manmade structure without first having obtained a Recreational Tilefish and Grouper Permit from the Marine Resources Commission. Any such permittee shall provide his MRC ID number, the date of harvest, the mode of fishing, and the number of tilefish and grouper, by species, kept or released on that report to the commission.

C. It shall be unlawful for any registered tilefish and grouper permittee, as described in this section, to fail to report trips where tilefish or grouper were caught, whether harvested, released, or possessed, in accordance with this section on forms provided by the commission within seven days after the trip occurred. It shall be unlawful for any permittee to fail to report trips where tilefish or grouper were targeted but not successfully caught on forms provided by the commission by the 15th day after the close of any tilefish and grouper recreational fishery seasons.

1. Any permittee who did not participate in the tilefish and grouper recreational fishery season shall notify the commission of his lack of participation by the 15th day after the close of the tilefish and grouper recreational fishery seasons.

2. Any permittee who either fails to report the harvest of any tilefish or grouper or did not participate in any recreational tilefish and grouper recreational season and fails to report no activity shall be ineligible to receive the permit in the following year.