Title of Regulation: 4VAC20-280. Pertaining to Speckled Trout and Red Drum (amending 4VAC20-280-10, 4VAC20-280-20, 4VAC20-280-30, 4VAC20-280-50, 4VAC20-280-55; repealing 4VAC20-280-40).

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

Effective Date: September 1, 2021.

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

Summary:

The amendments (i) establish a daily commercial incidental catch limit for speckled trout when the directed commercial landings quota is met and (ii) remove all red drum regulatory provisions.

Chapter 280

Pertaining to Speckled Trout and Red Drum

4VAC20-280-10. Purpose.

The purpose of this chapter is to protect and rebuild the spawning stocks of speckled trout and red drum, minimizing the possibility of recruitment failure, and to increase yield in their fisheries.

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 any fish of the species Sciaenops ocellatus.

"Fishing year" means the time period from September 1 of the current calendar year through August 31 of the following calendar year.

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

"Speckled trout" means 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 and possession 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 except that 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 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 commercially with any commercial hook-and-line 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 or recreationally with any gear type to possess more than five speckled trout in any one day.

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. (Repealed.)

A. It shall be unlawful for any person fishing commercially with commercial 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.

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

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 Directed commercial landings quota and daily bycatch incidental catch limit.

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

B. When it is projected and announced that 80% of the commission announces that the directed commercial landings quota has been taken reached, 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 more than the daily incidental catch limit for the remainder of the fishing year. The daily incidental catch limit shall be 50 pounds of speckled trout per licensee aboard the vessel, not to exceed 100 pounds per vessel.

C. When it is projected that the commercial landings quota will be met by a certain date within the above period, the 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.

Any licensed seafood buyer who purchases speckled trout from August 1 through November 30 shall report daily purchases in pounds using the commission's interactive voice recording system on the day of purchase from August 1 to November 30, except when the commission announces that the directed commercial landings quota has been reached for the current fishing year.