Final Regulation

Title of Regulation: 4VAC20-280. Pertaining to Speckled Trout and Red Drum (amending 4VAC20-280-20 through 4VAC20-280-55).

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

Effective Date: August 1, 2020.

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

Summary:

The amendments (i) require seafood buyers to report purchases of speckled trout on the day of purchase during the period of August 1 through November 30 of each year, (ii) remove an obsolete provision applicable only in 2014, and (iii) make technical changes.

4VAC20-280-20. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"Red drum" means red drum or channel bass and is any fish of the species Sciaenops ocellatus.

"Snout" means the most forward projection from a fish's head that includes the upper and lower jaw.

"Speckled trout" means speckled trout or spotted seatrout and is any fish of the species Cynoscion nebulosus.

"Total length" means the length of a fish measured from the most forward projection of the snout, with the mouth closed, to the tip of the longer lobe of the tail (caudal) fin, measured with the tail compressed along the midline, using a straight-line measure, not measured over the curve of the body.

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 total 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 total length.

B. It shall be unlawful for any person fishing commercially with commercial hook and line 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 January 1 through December 31, 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 total length or greater than 26 inches in total 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 total length or greater than 25 inches in total length.

4VAC20-280-40. Possession limits.

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

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

D. C. 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 greater than 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.

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 Any licensed seafood buyer who purchased purchases speckled trout during the previous seven days from August 1 through November 30 shall contact report daily purchases in pounds using the commission's interactive voice recording system and report any purchases of speckled trout, in pounds, during the previous seven days on the day of purchase.