REGULATION: PERTAINING TO TILEFISH AND GROUPERS

VIRGINIA MARINE RESOURCES COMMISSION
“PERTAINING TO TILEFISH AND GROUPERS”
CHAPTER 4VAC20-1120-10 ET SEQ

PREAMBLE

This chapter establishes recreational and commercial limitations on the harvest and landings of Tilefish and Groupers in Virginia.

This chapter is promulgated pursuant to authority contained in §28.2-201 of the Code of Virginia. This Chapter amends and re-adopts, as amended, previous Chapter 4VAC20-1120-10 et seq., which was promulgated June 26, 2007 and made effective on June 28, 2007. The effective date of this Chapter is July 1, 2009.

4VAC20-1120-10. PURPOSE.

The purpose of this chapter is to provide for the conservation of tilefish and grouper and to reduce the potential for overfishing by establishing limits on the harvest and landing of these fish.

4VAC20-1120-20. DEFINITIONS.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.
“Commercial fishing” or “fishing commercially” or “commercial fishery” means fishing by any person where the catch is for sale, barter, trade, or any commercial purpose, or is intended for sale, barter, trade, or any commercial purpose.

“Grouper” means any of the following species:

        Black grouper, Mycteroperca bonaci
        Coney, Cephalopholis fulva
        Gag grouper, Mycteroperca microlepis
        Goliath grouper, Epinephelus itajara
        Graysby, Cephalopholis cruentata
        Misty grouper, Epinephelus mystacinus
        Nassau grouper, Epinephelus striatus
        Red grouper, Epinephelus morio
        Red Hind, Epinephelus guttatus
        Rock Hind, Epinephelus adscensionis
        Scamp, Mycteroperca phenax
        Snowy grouper, Epinephelus niveatus
        Speckled Hind, Epinephelus drummondhayi
        Tiger grouper, Mycteroperca tigris
        Warsaw grouper, Epinephelus nigritus
        Wreckfish, Polyprion americanus
        Yellowedge grouper, Epinephelus flavolimbatus
        Yellowfin grouper, Mycteroperca venenosa
        Yellowmouth grouper, Mycteroperca interstitialis

“Recreational fishing” or “fishing recreationally” or “recreationally fishing” means fishing by any person, whether licensed or exempted from licensing, where the catch is not for sale, barter, trade, or any commercial purpose, or is not intended for sale, barter, trade, or any commercial purpose.

“Tilefish” means any of the following species:
        Blueline tilefish, Caulolatilus microps
        Golden tilefish, Lopholatilus chamaeleonticeps
        Sand tilefish, Malacanthus plumieri

4VAC20-1120-30. RECREATIONAL HARVEST AND POSSESSION LIMIT.

A. The recreational harvest, landing and possession limit for tilefish, as described in 4VAC20-1120-20, shall be seven fish. It shall be unlawful for any person to recreationally harvest, land or possess more than seven tilefish within or without Virginia tidal waters. When fishing from any boat or vessel where the entire catch is held in a common hold or container, the possession limit for tilefish shall be for the boat or vessel and shall be equal to the number of persons on board legally eligible to fish multiplied by seven. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limits.

B. The recreational harvest, landing and possession limit for grouper, as described in 4VAC20-1120-20, shall be one fish. It shall be unlawful for any person to recreationally harvest, land or possess more than one grouper within or without Virginia tidal waters. When fishing from any boat or vessel where the entire catch is held in a common hold or container, the possession limit for grouper shall be for the boat or vessel and shall be equal to the number of persons on board legally eligible to fish multiplied by one. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limits.

4VAC20-1120-31. RECREATIONAL LANDING PERMIT.

It shall be unlawful to possess aboard, or to land from, any private recreational fishing vessel, charter boat or head boat, any tilefish or grouper, harvested recreationally, without first having obtained a Tilefish and Grouper Landing Permit, for that vessel, from the Marine Resources Commission. Such permit shall be completed in full, by the vessel owner or operator, approved by the Commissioner or his designee, and a copy shall be kept with the permittee, while tilefish or grouper is in the possession of that permittee.

4VAC20-1120-32. RECREATIONAL MANDATORY HARVEST REPORTING.

A. It shall be unlawful for any registered Tilefish and Grouper Landing Permittee, as described in 4 VAC 20-1120-31, to fail to fully report harvests and related information, as set forth in this chapter and as provided by 4 VAC 20-610-60.

B. Registered Tilefish and Grouper Landing Permittees shall complete a daily form that accurately enumerates and legibly describes that permittee’s daily harvest from Virginia tidal and federal waters. The form used to record daily harvest shall be that provided by the commission or approved by the commission.

C. Registered Tilefish and Grouper Landing Permittees shall submit a monthly harvest report to the commission, no later than the fifth day of the following month. This report shall be accompanied by the daily harvest records described in subsection D of this section. Completed forms shall be mailed or delivered to the commission or other designated locations.

D. The monthly harvest report and daily harvest records from registered Tilefish and Grouper Landing Permittees shall include the name and signature of the registered Tilefish and Grouper Landing Permittee and his license number, date of harvest, city or county of landing, water body fished, gear type and amount used, number of hours fished, number of individuals on board, including captain, species harvested, number of discard by species, live weight of each individual species harvested, and vessel identification (Coast Guard documentation number, Virginia license number, or hull/VIN number).

4VAC20-1120-40. COMMERCIAL LIMITATIONS.

A. It shall be unlawful for any vessel to land in Virginia more than 300 pounds of tilefish, as described in 4VAC20-1120-20, per day when commercial fishing.

B. It shall be unlawful for any vessel to land in Virginia more than 175 pounds of grouper, as described in 4VAC20-1120-20, per day when commercial fishing.

C. It shall be unlawful for any person to transfer at sea to another person or vessel any harvest of tilefish or grouper.

4VAC20-1120-50. PENALTY.

As set forth in §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.

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