Title of Regulation: 4VAC20-1370. Pertaining to Atlantic Croaker (adding 4VAC20-1370-10 through 4VAC20-1370-60).

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

Effective Date: April 15, 2021.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Fort Monroe, VA 23551, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments establish a commercial season, a 50-fish recreational bag limit, and an additional live bait allowance for charter or for-hire captains for Atlantic croaker.

Chapter 1370

Pertaining to Atlantic Croaker

4VAC20-1370-10. Purpose.

The purpose of this chapter is to conserve and protect Atlantic croaker stocks in Virginia waters and to be consistent with federal and interstate management measures.

4VAC20-1370-20. Definitions.

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

"Atlantic croaker" means any fish of the species Micropogonias undulatus.

"Captain" means the person licensed by the U.S. Coast Guard to carry passengers for hire who operates the charter boat or head boat.

"Charter vessel" or "for-hire vessel" means a vessel operating with a captain who possesses either a Class A Fishing Guide License, Class B Fishing Guide License, or Fishing Guide Reciprocity Permit.

"Mate" means any person designated to assist on the charter vessel or for-hire vessel.

"Recreational vessel" means any vessel, kayak, charter vessel, or headboat fishing recreationally.

4VAC20-1370-30. Recreational harvest limit.

A. It shall be unlawful for any person fishing recreationally with any gear type to harvest or possess more than 50 Atlantic croaker per day.

B. When fishing from a recreational vessel, the possession limit shall be equal to the number of persons on board who are legally eligible to fish multiplied by the personal possession limits as described in subsection A of this section. The operator of the recreational vessel shall be responsible for any recreational vessel possession limit.

4VAC20-1370-40. Charter and for-hire live bait limit.

When intended for use as live bait for a charter or for-hire vessel, it shall be unlawful to possess more than 50 live Atlantic croaker for bait per day, multiplied by the customer capacity of the charter or for-hire vessel.

1. The customer capacity of the charter vessel shall not include any person who is the captain or a mate.

2. The captain of the charter or for-hire vessel shall be responsible for any charter or for-hire live bait limit.

4VAC20-1370-50. Commercial fishery.

It shall be unlawful for any person fishing commercially with any gear type to harvest or land any Atlantic croaker before January 15 of the current calendar year.

4VAC20-1370-60. Penalty.

As set forth in § 28.2-903 of the Code of Virginia, any individual violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same individual within 12 months of a prior violation is a Class 1 misdemeanor.