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IMPORTANT NOTE: Provisions of this emergency regulation are in addition to or supersede the restrictions found in the full version of this regulation.  Both versions should be considered to correctly interpret the regulation.  Click here to see the provisions of the full regulation.

EMERGENCY CHAPTER: PERTAINING TO SUMMER FLOUNDER

VIRGINIA MARINE RESOURCES COMMISSION
"PERTAINING TO SUMMER FLOUNDER"
EMERGENCY CHAPTER 4VAC20-620-10 ET SEQ.

PREAMBLE

This emergency chapter establishes limitations on the commercial and recreational harvest of Summer Flounder in order to reduce the fishing mortality rate and to rebuild the severely depleted stock of Summer Flounder.  The limitations include a commercial harvest quota and possession limits, minimum size limits, and a recreational possession and season limit.

This emergency chapter is promulgated pursuant to the authority contained in §§28.2-201, 28.2-210, and 28.2-204 of the Code of Virginia and amends and re-adopts, as amended, previous Chapter 4VAC20-620-10 which was promulgated February 24, 2009 and made effective on March 1, 2009.  The effective date of this emergency chapter, as amended, is August 28, 2009.

4VAC20-620-75. Research Exceptions to Possession and Size Limits. 

Nothing in this emergency chapter shall preclude any person, who is legally eligible to fish, from possessing any summer flounder tagged, by the Virginia Institute of Marine Science (VIMS), with two different types of tags, in each of 260 summer flounder. One tag is a white data recording tag of ˝-inch diameter and 1 ˝ inches in length that VIMS affixed to the stomach area of summer flounder.  That tag is inscribed with “VIMS $200 reward” and the VIMS telephone contact number.  The second tag is a yellow “T-bar” or “spaghetti” type tag that VIMS affixed to the dorsal area of these double-tagged summer flounder.  The yellow T-bar tag is inscribed with “reward” and the VIMS contact telephone number.  Possession of these VIMS-tagged summer flounder shall not count towards the personal recreational possession limit of five summer flounder, 19 inches or greater in total length.  Possession of any undersized flounder which have any affixed VIMS tag, as described above, shall not constitute a violation of the minimum size limit of 19 inches in total length.  It shall be unlawful for any person to remove either type of tag from any caught or harvested summer flounder.  It shall be unlawful for any person to retain any of these VIMS-tagged summer flounder, for a period of time that is longer than necessary to provide the VIMS-tagged summer flounder to a VIMS representative.  Under no circumstances shall any VIMS-tagged flounder be stored for future use or sale or delivered to any person who is not a VIMS representative.

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