REGULATION: PERTAINING TO THE TAKING OF STRIPED BASS

VIRGINIA MARINE RESOURCES COMMISSION
"PERTAINING TO THE TAKING OF STRIPED BASS"
EMERGENCY CHAPTER 4 VAC 20-252-10 ET SEQ.

PREAMBLE
This emergency regulation establishes a limited commercial and recreational fishery for striped bass in Virginia. The provisions of this emergency regulation are intended to comply with all Federal and interstate requirements for fishing for striped bass. This emergency regulation also authorizes the aquaculture of striped bass and hybrid striped bass and sets forth the conditions required for their culture.

This emergency regulation is promulgated pursuant to the authority contained in §§ 28.2-201, 28.2-210 and 28.2-204.1 of the Code of Virginia. This emergency regulation amends and re-adopts, as amended, previous Regulation 4 VAC 20-252-10 ET SEQ.,"Pertaining to the Taking of Striped Bass," which was promulgated on August 23, 2005 and was effective September 1, 2005. The effective date of this regulation, as amended, is September 29, 2005.

4 VAC-20-252-30. GENERAL PROHIBITIONS AND REQUIREMENTS.

A.     It shall be unlawful for any person to possess any striped bass taken from the tidal waters of Virginia, including Virginia's portion of the Territorial Sea, except in accord with the provisions of Title 28.2 of the Code of Virginia and in accord with the provisions of this chapter.

B.   It shall be unlawful for any person to possess any striped bass taken from the tidal waters of Virginia, including Virginia's portion of the Territorial Sea, during a time, from an area, and with a gear type when there is no open season set forth in this chapter for such time, area, and gear type.

C.   Except for those persons permitted in accordance with 4 VAC 20-252-170, it shall be unlawful for any person to possess any striped bass less than 18 inches total length at any time.

D.   It shall be unlawful for any person to possess any striped bass that measures less than the minimum size or more than the maximum size applicable to the open season when fishing occurs.

E.   Total length measurement of striped bass shall be in a straight line from tip of nose to tip of tail.

F.   It shall be unlawful for any person while aboard any boat or vessel or while fishing from shore or pier to alter any striped bass or to possess any altered striped bass such that its total length cannot be determined.

G.   It shall be unlawful for any person to spear or gaff, or attempt to spear or gaff any striped bass at any time.

H.   It shall be unlawful for any person to use a commercial hook-and-line within 300 feet of any bridge, bridge-tunnel, jetty, or pier during Thanksgiving Day and the following day or during any open recreational striped bass season in the Chesapeake Bay and its tributaries except during the period midnight Sunday through 6:00 A. M. Friday.

I.   Unless specified differently in other chapters, it shall be unlawful to place, set, or fish any gill net within 300 feet of any bridge, bridge-tunnel, jetty, or pier during any open recreational striped bass season in the Chesapeake Bay and its tributaries, except during the period midnight Sunday through midnight Wednesday.

J.   During the period April 1 through May 31, inclusive, it shall be unlawful for any person to set or fish any anchored gill net or staked gill net, for any purpose, within the spawning reaches of the James, Pamunkey, Mattaponi, and Rappahannock Rivers. Drift or float gill nets may be set and fished within the spawning reaches of these rivers during this period, provided that the person setting and fishing the net remains with the net during the time it is fishing and all striped bass that are caught shall be returned to the water immediately.

K. Holding any permit issued by the Commission to fish for striped bass, recreationally or commercially, shall authorize any Commission personnel or their designees to inspect, measure, weigh, or take biological samples from any striped bass in possession of the permit holder.

L.   Nothing in this Chapter shall preclude any person, who is legally eligible to fish, from possessing any striped bass tagged with a Virginia Institute of Marine Science (VIMS) fluorescent green tag. Possession of these VIMS-tagged striped bass shall not count towards the personal recreational possession limit, and permitted commercial striped bass ITQ holders shall not be required to apply a tamper evident, numbered tag provided by the Commission, in order to possess any striped bass tagged with a VIMS-inscribed green fluorescent tag. It shall be unlawful for any person to retain any of these VIMS-tagged striped bass for a period of time that is longer than necessary to provide the VIMS-tagged striped bass to a VIMS representative.   Under no circumstance shall any VIMS-tagged striped bass be stored for future use or sale or delivered to any person who is not a VIMS representative.

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