Section 45. Possession limits and harvest quotas

A. During the period January 1 through April 30 of each year, it shall be unlawful for any person to do any of the following:

1. Possess aboard any vessel in Virginia more than 50,000 pounds of scup.

2. Land in Virginia more than a total of 50,000 pounds of scup during each consecutive seven-day landing period, with the first seven-day period beginning on January 1.

B. When it is projected and announced that 80% of the coastwide quota for this period has been attained, it shall be unlawful for any person to possess aboard any vessel or to land in Virginia more than a total of 1,000 pounds of scup.

C. During the period November 1 through December 31 of each year, it shall be unlawful for any person to possess aboard any vessel or to land in Virginia more than 18,000 pounds of scup.

D. During the period May 1 through October 31 of each year, the commercial harvest and landing of scup in Virginia shall be limited to 13,154 pounds.

E. For each of the time periods set forth in this section, the Marine Resources Commission will give timely notice to the industry of calculated poundage possession limits and quotas and any adjustments thereto. It shall be unlawful for any person to possess or to land any scup for commercial purposes after any winter period coastwide quota or summer period Virginia quota has been attained and announced as such.

F. It shall be unlawful for any buyer of seafood to receive any scup after any commercial harvest or landing quota has been attained and announced as such.

G. 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 30 scup. 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 the boat or vessel and shall be equal to the number of persons on board legally eligible to fish multiplied by 30. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limit. Any scup taken after the possession limit has been reached shall be returned to the water immediately.

Historical Notes

Derived from Volume 13, Issue 14, eff. March 1, 1997; amended, Virginia Register Volume 14, Issue 12, eff. January 30, 1998; Volume 16, Issue 14, eff. March 1, 2000; Volume 16, Issue 23, eff. July 1, 2000; Volume 17, Issue 03, eff. November 1, 2000; Volume 17, Issue 18, eff. May 1, 2001; Volume 18, Issue 03, eff. October 1, 2001; Errata, 18:21 VA.R. 2846 July 1, 2002; Volume 18, Issue 21, eff. June 1, 2002; Volume 19, Issue 14, eff. March 1, 2003; Volume 19, Issue 23, eff. July 1, 2003; Volume 20, Issue 16, eff. April 1, 2004; Volume 21, Issue 08, eff. December 1, 2004; Volume 21, Issue 13, eff. February 2, 2005; Errata, 21:20 VA.R. 2736 June 13, 2005; amended, Virginia Register Volume 21, Issue 21, eff. June 1, 2005; Volume 22, Issue 10, eff. December 30, 2005; Volume 23, Issue 06, eff. November 1, 2006; Errata, 23:8 VA.R. 1290 December 25, 2006; amended, Virginia Register Volume 24, Issue 05, eff. November 1, 2007; Volume 24, Issue 25, eff. August 1, 2008; Volume 25, Issue 06, eff. November 1, 2008; Volume 26, Issue 14, eff. March 1, 2010; Volume 28, Issue 05, eff. November 1, 2011; Volume 28, Issue 14, eff. March 1, 2012; Volume 30, Issue 21, eff. June 1, 2014; Volume 30, Issue 24, eff. July 1, 2014; Volume 31, Issue 06, eff. November 1, 2014; Volume 31, Issue 21, eff. June 1, 2015; Volume 32, Issue 19, eff. May 1, 2016.

Statutory Authority

§ 28.2-201 of the Code of Virginia.