Title of Regulation: 4VAC20-1400. Pertaining to Red Drum (adding 4VAC20-1400-10 through 4VAC20-1400-50).

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

Effective Date: September 1, 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 new chapter for regulatory provisions pertaining to red drum, including recreational and commercial size and possession limits and penalty for violations of chapter provisions.

Chapter 1400

Pertaining to Red Drum

4VAC20-1400-10. Purpose.

The purpose of this chapter is to protect the spawning stocks of red drum, maintain the target fishing mortality rate, and increase yield in the fishery. This chapter is designed to be consistent with federal and interstate management measures.

4VAC20-1400-20. 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.

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

"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.

4VAC20-1400-30. Recreational Size and Possession Limits.

A. 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.

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

4VAC20-1400-40. Commercial Size and Possession Limits.

A. 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.

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

4VAC20-1400-50. Penalty.

Pursuant to § 28.2-903 of the Code of Virginia, any person 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 person within 12 months of a prior violation is a Class 1 misdemeanor.