4VAC20-960 Pertaining to Tautog

REGULATIONS

Vol. 28 Iss. 8 - December 19, 2011

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Chapter 960

Final Regulation

REGISTRAR'S NOTICE: The following regulation filed by the Marine Resources Commission is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-960. Pertaining to Tautog (amending 4VAC20-960-30, 4VAC20-960-45, 4VAC20-960-47).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: January 1, 2012.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Ave., 3rd Floor, Newport News, VA 23607, telephone [phone], FAX [phone], or email [e-mail].

Summary:

The amendments establish (i) a commercial minimum size limit for tautog of 15 inches total length, and a closed fishing season from January 18 through March 15 and May 1 through November 12; and (ii) a recreational minimum size limit for tautog of 16 inches total length, a possession limit of three tautog per person, and a closed fishing season from April 16 through September 23.

4VAC20-960-30. Minimum size limits.

A. The minimum size limit of tautog harvested for commercial purposes shall be 14 15 inches total length.

B. It shall be unlawful for any person to possess any tautog less than 14 inches total length. The minimum size of tautog harvested for recreational purposes shall be 16 inches total length.

C. It shall be unlawful for any person to sell, trade, or barter, or offer to sell, trade, or barter any tautog less than 14 inches total length possess any tautog smaller than the designated minimum size limit.

D. Total length shall be measured in a straight line from tip of nose to tip of tail.

4VAC20-960-45. Recreational fishing season and possession limits.

A. 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 four three tautog. 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 four three. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limit. Any tautog taken after the possession limit has been reached shall be returned to the water immediately.

B. Possession of any quantity of tautog which exceeds the possession limit described in subsection A of this section shall be presumed to be for commercial purposes.

C. The recreational fishing season shall be closed from May 1 April 16 through June 24 September 23.

D. It shall be unlawful for any person fishing recreationally to take, catch, or possess any tautog during any closed recreational fishing season.

4VAC20-960-47. Commercial fishing season and possession limits.

The commercial fishing season shall be closed from January 18 through March 15 and May 1 through November 12, and it shall be unlawful for any person to possess tautog for commercial purposes during this period.

VA.R. Doc. No. R12-3060; Filed December 7, 2011, 10:21 a.m.