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 previous Chapter 4VAC20-1120-10 et seq., which was adopted and effective April 24, 2007. The effective date of this chapter is June 28, 2007.
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.
“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.
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.
4VAC20-1120-40. 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.
