Administrative Code

Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 20. Marine Resources Commission
7/11/2020

Chapter 910. Pertaining to Scup (Porgy)

4VAC20-910-10. Purpose.

The purpose of this chapter is to (i) reduce fishing mortality and increase the size of the scup spawning stock; (ii) improve yield from the commercial and recreational fisheries; (iii) promote compatible measures between the states and federal fishery jurisdictions; and (iv) maintain compliance with the Interstate Fishery Management Plan for Scup as required by the Atlantic Coastal Fisheries Cooperative Management Act (16 USC § 5101 et seq.).

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. June 30, 1996.

4VAC20-910-20. Definitions.

The following words and terms, when used in this chapter shall have the following meaning unless the context clearly indicates otherwise.

"Scup" means any fish of the species Stenotomus chrysops, commonly referred to as porgy.

"Snout" means the most forward projection from a fish's head that includes the upper and lower jaw.

"Total length" means the length of a fish measured from the most forward projection of the snout, with the mouth closed, to the tip of the longer lobe of the tail (caudal) fin, measured with the tail compressed along the midline, using a straight-line measure, not measured over the curve of the body.

"Virginia Summer period quota" means Virginia's 0.165% share of the annual coastwide commercial scup Summer period quota managed by the Atlantic States Marine Fisheries Commission.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. June 30, 1996; amended, Virginia Register Volume 35, Issue 2, eff. September 1, 2018; Volume 36, Issue 23, eff. July 1, 2020.

4VAC20-910-30. Minimum size limits.

A. The minimum size limit of scup harvested by commercial fishing gear shall be nine inches in total length.

B. The minimum size limit of scup harvested by recreational fishing gear including hook and line, rod and reel, spear, and gig shall be eight inches in total length.

C. It shall be unlawful for any person to catch and retain possession of any scup of smaller than the designated minimum size limit, as described, respectively, in subsections A and B of this section.

D. It shall be unlawful for any person to sell, trade, barter, or offer to sell, trade, or barter any scup less than nine inches in total length.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. June 30, 1996; amended, Virginia Register Volume 17, Issue 14, eff. March 1, 2001; Volume 34, Issue 15, eff. March 1, 2018; Volume 35, Issue 2, eff. September 1, 2018; Volume 35, Issue 6, eff. November 2, 2018.

4VAC20-910-40. Gear restrictions.

It shall be unlawful for any person to place, set, or fish any fish pot in Virginia tidal waters for the purposes of harvesting scup or to land in Virginia scup harvested by fish pots that are not constructed as follows:

1. With an escape vent of 2.25 inches square dimension or 3.1 inches diameter circular dimension; and

2. With hinges and fasteners on one panel or door made of one of the following materials:

a. Untreated hemp, jute, or cotton string of 3/16 inches diameter or smaller;

b. Magnesium alloy, timed float releases or similar magnesium alloy fasteners; or

c. Ungalvanized or uncoated iron wire of 0.094 inches diameter or smaller.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. June 30, 1996; amended, Virginia Register Volume 35, Issue 6, eff. November 2, 2018.

4VAC20-910-45. Possession limits and harvest quotas.

A. During the commercial Winter I 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; or

3. When it is projected and announced that 80% of the coastwide quota for the Winter I period has been attained, possess aboard any vessel or land in Virginia more than a total of 1,000 pounds of scup.

B. During the commercial Winter II period October 1 through December 31 of each year, it shall be unlawful for any person to possess aboard any vessel or to land in Virginia any amount of scup totaling more than the federal per trip possession limit that has been announced by National Marine Fisheries Service. This federal per trip possession limit will be posted on the commission website.

C. The commercial scup Summer period May 1 through September 30 shall be allocated 100% of the Virginia Summer period quota. It shall be unlawful for any person to possess aboard any vessel in Virginia more than 5,000 pounds of scup during the Summer period.

D. 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.

E. 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.

F. 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.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register 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 3, eff. November 1, 2000; Volume 17, Issue 18, eff. May 1, 2001; Volume 18, Issue 3, 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 8, 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 6, eff. November 1, 2006; Errata, 23:8 VA.R. 1290 December 25, 2006; amended, Virginia Register Volume 24, Issue 5, eff. November 1, 2007; Volume 24, Issue 25, eff. August 1, 2008; Volume 25, Issue 6, eff. November 1, 2008; Volume 26, Issue 14, eff. March 1, 2010; Volume 28, Issue 5, 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 6, eff. November 1, 2014; Volume 31, Issue 21, eff. June 1, 2015; Volume 32, Issue 19, eff. May 1, 2016; Volume 33, Issue 21, eff. May 24, 2017; Volume 34, Issue 15, eff. March 1, 2018; Volume 35, Issue 6, eff. November 2, 2018; Volume 36, Issue 9, eff. November 26, 2019; Volume 36, Issue 23, eff. July 1, 2020.

4VAC20-910-50. 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.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. June 30, 1996.



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