Bill Text: VA HB1383 | 2023 | Regular Session | Prefiled
Bill Title: Menhaden reduction fishing; prohibition.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-01-18 - Tabled in Agriculture, Chesapeake and Natural Resources (22-Y 0-N) [HB1383 Detail]
Download: Virginia-2023-HB1383-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§28.2-204.1, 28.2-208.2, 28.2-402, and 28.2-409 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 28.2-401.1 as follows:
§28.2-204.1. Limited sale of gear licenses and permits; regulations.
A. The Commission may limit the number of gear licenses or
permits to fish, except those licenses
issued pursuant to subdivisions 1 and 2 of §28.2-402,
issued for use in a specific fishery. The Commission may,
despite any such limits, issue such gear licenses or permits to fish to any
person who has resided for at least five years on an island in the Commonwealth
that is at least three miles from the mainland.
B. The Commission is authorized to promulgate regulations to carry out the provisions of this section. In determining whether to limit the sale of gear licenses or permits to fish, and determining who receives licenses, the Commission shall consider all factors relevant to the Commonwealth's fishery management policy, including but not limited to:
1. Economic and social consequences;
2. Food production;
3. Dependence on the fishery by licensees;
4. Efficiency of gear used in the fishery;
5. Impact on species and fisheries; and
6. Abundance of the resource.
§28.2-208.2. Menhaden Management Advisory Committee established.
The Commissioner shall establish a Menhaden Management
Advisory Committee (the Committee) to provide guidance to the Commission on the
sustainable management of the menhaden resource and harvest of the bait and reduction fisheries fishery in the waters of the
Commonwealth, including the Chesapeake Bay. The Committee shall consist of not
more than 12 11
nonlegislative citizen members who shall be residents of the Commonwealth with
knowledge of the menhaden resource, to be appointed by the Commissioner,
including one representative of the menhaden reduction
fishery, one representative of the menhaden bait fishery,
one representative of a labor organization involved in the menhaden fishery,
one recreational angler, one member of a Virginia-based conservation
organization, one representative of the sportfishing industry, and the Virginia
appointee to the Atlantic Menhaden Technical Committee of the Atlantic States
Marine Fisheries Commission.
§28.2-401.1. Menhaden reduction fishing permits prohibited.
The Commission shall not grant any permit for menhaden reduction fishing.
§28.2-402. License fee to take menhaden with purse nets.
Any person desiring to take or catch menhaden with purse nets shall pay to the officer or agent a license fee as follows or as subsequently revised by the Commission pursuant to §28.2-201:
1. On each boat or
vessel under 70 gross tons fishing for the purse seine menhaden reduction
sector, $249.
2. On each vessel 70
gross tons or over fishing for the purse seine menhaden reduction sector, $996.
3.
On each boat or vessel under 70 gross tons fishing for the purse seine menhaden
bait sector, $249.
4. 2. On each
vessel 70 gross tons or over fishing for the purse seine menhaden bait sector,
$996.
Any person purchasing
more than one of these licenses for the same vessel shall pay a fee equal to
that for a single license.
§28.2-409. Menhaden fishing prohibited in certain areas; exception.
A. Except as provided
in subsection B of this section, it shall
be It is unlawful
to take or catch menhaden with purse nets in the following waters:
1. In the Piankatank River and its tributaries above and west of a line beginning at the northernmost, as measured from the low-water mark, edge of land known as Gwynn's Island at or near the mouth of Kibble Pond, thence in a northerly direction in a straight line to the easternmost edge of high land on Stingray Point;
2. In the Rappahannock River and its tributaries above and west of the R.O. Norris, Jr., Bridge;
3. In the York River and its tributaries above and west of a line extending northwardly from the western line of Goodwin Islands through the western line of Ellen Island to the northern bank of the York;
4. In the East, North, Ware and Severn Rivers and their
tributaries; and
5. In Cape Charles harbor eastward of a line from the western tip of the jetty on the southern side of the channel to the westernmost tip of the jetty on the northern side of the channel; in Kings Creek and Cherrystone inlet eastward of a line from the western end of the jetty on the north side of Cape Charles harbor to the southern end of Wescoat Point; in Mattawoman and Hungars Creek eastward of a line from the northwesternmost tip of land in Old Town Neck to Great Neck Point; in Nassawadox Creek eastward of a line from Shooting Point to Nassawadox Point; in Occohannock Creek eastward of a line from Sparrow Point to the southernmost tip of Powells Bluff; in Nandua Creek eastward of a line from the northernmost point of Milbys Point to the southwesternmost point of land in Hacks Neck, said line having a true bearing of 027°; in Pungoteague Creek eastward of a line from Bluff Point to the southeasternmost point of Finneys Island; in Onancock Creek eastward of a line from Thicket Point to Ware Point; in Chesconessex Creek eastward of a line from the northernmost point of Sound Beach to the northwesternmost point of Beach Island; in Deep Creek, Hunting Creek and Guilford Creek eastward of a line from the easternmost tip of Russel Island to Halfmoon Point to Peters Point to Simpson Point to Flood Point to Ebb Point to the mouth of Great Gut; in Messongo Creek eastward of a line from South Point to North Point in the Virginia portion of the Pocomoke River northeast of a line from Long Point to Virginia-Maryland spar buoy "A"; in the Great Wicomico River from the mouth of Whay's Creek to Sandy Point; in Dividing Creek, Prentice Creek and Jarvis Creek westward of a line from Hughlett Point to Jarvis Point; in Indian Creek and Henrys Creek westward of a line from the southeasternmost point of land on the eastern side of the mouth of Henrys Creek to the easternmost point of Fleets Bay Neck; in Dymers Creek westward of a line from the southernmost point of Grog Island to the easternmost point of Poplar Neck; in Tabbs Creek westward of the line across the mouth of the creek at its narrowest point; in Horn Harbor and Dyer Creek westward of a line from the southernmost tip of Beach Point to the northernmost point on the south side of the mouth of Dyer Creek; in Back Creek, Clarkston Creek, Chisman Creek, Poquoson River, Bennett Creek, and adjacent waters westward of a line from the southeasternmost point of Goodwin Islands to the westernmost point of Cow Island; in Back River westward of a line from Plumtree Point to the westernmost point of Northend Point; in Little Creek southward of a line from the north point of the west jetty to the north point of the east jetty; in Lynnhaven Bay southward of the Lynnhaven Inlet Bridge on U. S. Route 60; and
6. In any territorial sea or inland waters of the Commonwealth, including the Chesapeake Bay and its tributaries, for the purposes of menhaden reduction fishing.
B.
During the period from the first Monday in May through the third Friday in
November, vessels under seventy gross tons which are licensed in accordance with
subdivision 1 of §28.2-402 are authorized to take or catch menhaden in the
following waters: in the Rappahannock River eastward and southward from a line
extending from Towles Point to Burnham Wharf and from Orchard Point to Towles
Point; in Dividing Creek eastward from a line extending from Jarvis Point to
Ditchley Pump House; in Indian Creek eastward from a line directly across the
creek at Rappahannock Oyster Company; in Dymers Creek eastward from a line
directly across the creek at the eastern end of Standard Products dock.
2. That the Virginia Department of Environmental Quality shall prepare a report relating to menhaden reduction fishing in the territorial sea and inland waters of the Commonwealth, including the Chesapeake Bay and its tributaries. Such report shall include the following: (i) the environmental impact of menhaden reduction fishing on wildlife habitat; (ii) the environmental impact of menhaden reduction fishing on water quality; and (iii) measures proposed to minimize any negative environmental impacts of menhaden reduction fishing. Such report shall be submitted to the Chairman of the House Committee on Agriculture, Chesapeake and Natural Resources and the Chairman of the Senate Committee on Agriculture, Conservation and Natural Resources by July 1, 2024.
3. That the provisions of this act shall become effective on November 18, 2023.
4. That the provisions of act shall expire on November 22, 2025.
