REGULATION: ESTABLISHES POSSESSION LIMITS AND MINIMUM SIZE LIMITS FOR COBIA AND AMBERJACK

4 VAC 20-510-10 ET SEQ.

PREAMBLE

This regulation establishes possession limits and minimum size limits for cobia and amberjack in Virginia waters.

This regulation is promulgated pursuant to authority contained in ?28.2-201 of the Code of Virginia. This regulation amends and re-adopts previous Regulation 4 VAC 20-510-10 et seq. which was adopted on October 23, 2001 and effective on January 1, 2002. The effective date of this regulation, as amended, is February 1, 2007.

4 VAC 20-510-10. PURPOSE.

The purpose of this chapter is to control the harvest, protect the spawning stocks, minimize the possibility of recruitment failure and to increase yield in the amberjack and cobia fisheries. The provisions pertaining to aquaculture serve to prevent cobia raised in an aquaculture facility from being placed into Virginia waters and to minimize the impact of cultured fish in the market place on the enforcement of other provisions of this chapter. This chapter is designed to ensure that Virginia is consistent with federal and interstate management measures pertaining to these species.

4 VAC 20-510-20. POSSESSION LIMITS.

A. It shall be unlawful for any person fishing recreationally to possess more than two amberjack or more than one cobia at any time. Any amberjack or cobia caught after the possession limit has been reached shall be returned to the water immediately. When fishing from any boat or vessel where the entire catch is held in a common hold or container, the possession limit 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 for cobia or two for amberjack. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limit.

B. It shall be unlawful for any person fishing commercially to possess more than two amberjack or more than two cobia at any time. Any amberjack or cobia caught after the possession limit has been reached shall be returned to the water immediately. When fishing from any boat or vessel where the entire catch is held in a common hold or container, the possession limit shall be for the boat or vessel and shall be equal to the number of persons on board legally eligible to fish multiplied by two. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limit.

4 VAC 20-510-30. MINIMUM SIZE LIMITS.

A.   It shall be unlawful for any person to take, catch or have in possession any amberjack less than 32 inches in length.

B.   It shall be unlawful for any person to take, catch or have in possession any cobia less than 37 inches in length.

C.   Length is measured in a straight line from tip of nose to tip of tail.

4 VAC 20-510-35. EXCEPTIONS TO POSSESSION LIMITS AND MINIMUM SIZE LIMITS.

A.   Nothing in Section 4 VAC 20-510-20 shall limit the possession of amberjack or cobia by licensed seafood buyers or wholesale and retail seafood establishments, when operating in their capacity as buyer or wholesaler or retailer.

B.   Nothing in Sections 4 VAC 20-510-20 and 4 VAC 20-510-30 shall limit the possession of cobia by an aquaculture facility that is permitted in accordance with the provisions of 4 VAC 20-510-40.

C.   Any person employed by a permitted cobia aquaculture facility, for the purpose of harvesting cobia as broodstock for the aquaculture facility, shall be exempt from the provisions of Sections 4 VAC 20-510-20 and 4 VAC 20-510-30 provided that person possesses a Scientific Collection Permit issued by the Commissioner.

4 VAC 20-510-40. AQUACULTURE OF COBIA; PERMIT REQUIRED.

A. Any person operating an aquaculture facility in which cobia that exceed the possession limit or are of sub-legal size will be cultured, possessed, offered for sale or sold shall first obtain a permit from the Commissioner for the facility. That permit shall exempt the facility from the possession requirements described in 4 VAC 20-510-20 and authorize the possession, culturing and sale of sub-legal size cobia.

B. The application for a cobia aquaculture permit shall list the name and address of the applicant, the type and location of the facility, and an estimate of production capacity. An aquaculture permit shall be valid for ten years, from the date of issue, and may be renewed by the Commissioner, provided the permittee has complied with all of the provisions of this chapter. The issuance and continuation of any person’s cobia aquaculture permit are contingent on that designated facility being open for inspection by the Marine Resources Commission, for the purposes of determining compliance with this regulation. An aquaculture permit is not transferable.

4 VAC 20-510-50. SALE, RECORDS, IMPORTATION, RELEASE.

A.   All cobia produced by an aquaculture facility, permitted under this section, shall be packaged, prior to sale, with a printed label indicating the product is of aquaculture origin. When packaged and labeled, according to these requirements, such fish may be transported and sold at retail, wholesale or for commercial distribution through normal channels of trade, until reaching the consumer.

B.   Cobia that measure less than the lawful minimum size, described in 4 VAC 20-510-30, but are the product of a permitted aquaculture facility in another state may be imported into Virginia for the consumer market. Such fish shall be packaged and labeled in accordance with the provisions contained in subsection A of this section.

C.   Release of Live Fish: Under no circumstance shall any cobia produced by an aquaculture facility located within or outside the Commonwealth of Virginia be placed into the waters of the Commonwealth, without first having notified the Commissioner and having received written permission from the Commissioner.

4 VAC 20-510-60. 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 regulation committed by the same person within 12 months of a prior violation is a Class 1 misdemeanor.

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