EMERGENCY REGULATION: PERTAINING TO BLACK SEA BASS

IMPORTANT NOTE: Provisions of this emergency regulation are in addition to or supersede the restrictions found in the full version of this regulation. Both versions should be considered to correctly interpret the regulation. Click here to see the provisions of the full regulation.

EMERGENCY CHAPTER: PERTAINING TO BLACK SEA BASS

VIRGINIA MARINE RESOURCES COMMISSION
"PERTAINING TO BLACK SEA BASS"
EMERGENCY CHAPTER 4 VAC 20-950-10 ET. SEQ.

PREAMBLE

This emergency chapter establishes minimum size limits, gear restrictions, and quotas for the harvest of black sea bass. This emergency chapter is promulgated pursuant to the authority contained in зз28.2-201, 28.2-210 and 28.2-204.1 of the Code of Virginia. This emergency chapter amends and re-adopts, as amended, Chapter 4VAC20-950-10 et seq. which was promulgated December 10, 2012 and made effective January 1, 2013. The effective date of this emergency chapter, as amended, is January 28, 2013.

4VAC20-950-45. Recreational possession limits and seasons.

A. It shall be unlawful for any person fishing with hook and line, rod and reel, spear, gig or other recreational gear to possess more than 25 black sea bass. When fishing is from a boat or vessel where the entire catch is held in a common hold or container, the possession limit shall be for that boat or vessel and shall be equal to the number of persons on board legally eligible to fish, multiplied by 25 during any open season described in subsection D, except the January 1 through the last day of February 2013 open season. The captain or operator of the boat or vessel shall be responsible for that boat or vessel possession limit. Any black sea bass taken after the possession limit has been reached shall be returned to the water immediately.

B. It shall be unlawful for any person fishing with hook and line, rod and reel, spear, gig or other recreational gear to possess more than 15 black sea bass from January 1 through the last day of February 2013. When fishing is from a boat or vessel where the entire catch is held in a common hold or container, the possession limit shall be for that boat or vessel and shall be equal to the number of persons on board legally eligible to fish, multiplied by 15, from January 1 through the last day of February 2013. The captain or operator of the boat or vessel shall be responsible for that boat or vessel possession limit. Any black sea bass taken after the possession limit has been reached shall be returned to the water immediately.

C. Possession of any quantity of black sea bass that exceeds the possession limit described in subsections A and B of this section shall be presumed to be for commercial purposes.

D. The open recreational fishing seasons, in 2013, shall be from January 1 through the last day of February, May 19 through October 14 and from November 1 through December 31, except as provided in subsection E of this section.

E. It shall be unlawful for any person fishing recreationally to take, catch, or possess any black sea bass, except during an open recreational season.

4VAC20-950-50. Penalty.

As set forth in з28.2-903 of the Code of Virginia, any person violating any provision of this emergency chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this emergency chapter committed by the same person within 12 months of a prior violation is a Class 1 misdemeanor.

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