The Virginia Register OF REGULATIONS is an official state publication issued every other week throughout the year. Indexes are published quarterly, and are cumulative for the year. The Virginia Register has several functions. The new and amended sections of regulations, both as proposed and as finally adopted, are required by law to be published in the Virginia Register. In addition, the Virginia Register is a source of other information about state government, including petitions for rulemaking, emergency regulations, executive orders issued by the Governor, and notices of public hearings on regulations.
ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONS
An agency wishing to adopt, amend, or repeal regulations must first publish in the Virginia Register a notice of intended regulatory action; a basis, purpose, substance and issues statement; an economic impact analysis prepared by the Department of Planning and Budget; the agency’s response to the economic impact analysis; a summary; a notice giving the public an opportunity to comment on the proposal; and the text of the proposed regulation.
Following publication of the proposal in the Virginia Register, the promulgating agency receives public comments for a minimum of 60 days. The Governor reviews the proposed regulation to determine if it is necessary to protect the public health, safety and welfare, and if it is clearly written and easily understandable. If the Governor chooses to comment on the proposed regulation, his comments must be transmitted to the agency and the Registrar no later than 15 days following the completion of the 60-day public comment period. The Governor’s comments, if any, will be published in the Virginia Register. Not less than 15 days following the completion of the 60-day public comment period, the agency may adopt the proposed regulation.
The Joint Commission on Administrative Rules (JCAR) or the appropriate standing committee of each house of the General Assembly may meet during the promulgation or final adoption process and file an objection with the Registrar and the promulgating agency. The objection will be published in the Virginia Register. Within 21 days after receipt by the agency of a legislative objection, the agency shall file a response with the Registrar, the objecting legislative body, and the Governor.
When final action is taken, the agency again publishes the text of the regulation as adopted, highlighting all changes made to the proposed regulation and explaining any substantial changes made since publication of the proposal. A 30-day final adoption period begins upon final publication in the Virginia Register.
The Governor may review the final regulation during this time and, if he objects, forward his objection to the Registrar and the agency. In addition to or in lieu of filing a formal objection, the Governor may suspend the effective date of a portion or all of a regulation until the end of the next regular General Assembly session by issuing a directive signed by a majority of the members of the appropriate legislative body and the Governor. The Governor’s objection or suspension of the regulation, or both, will be published in the Virginia Register. If the Governor finds that changes made to the proposed regulation have substantial impact, he may require the agency to provide an additional 30-day public comment period on the changes. Notice of the additional public comment period required by the Governor will be published in the Virginia Register.
The agency shall suspend the regulatory process for 30 days when it receives requests from 25 or more individuals to solicit additional public comment, unless the agency determines that the changes have minor or inconsequential impact.
A regulation becomes effective at the conclusion of the 30-day final adoption period, or at any other later date specified by the promulgating agency, unless (i) a legislative objection has been filed, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the 21-day objection period; (ii) the Governor exercises his authority to require the agency to provide for additional public comment, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the period for which the Governor has provided for additional public comment; (iii) the Governor and the General Assembly exercise their authority to suspend the effective date of a regulation until the end of the next regular legislative session; or (iv) the agency suspends the regulatory process, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the 30-day public comment period and no earlier than 15 days from publication of the readopted action.
A regulatory action may be withdrawn by the promulgating agency at any time before the regulation becomes final.
FAST-TRACK RULEMAKING PROCESS
Section 2.2-4012.1 of the Code of Virginia provides an exemption from certain provisions of the Administrative Process Act for agency regulations deemed by the Governor to be noncontroversial. To use this process, Governor's concurrence is required and advance notice must be provided to certain legislative committees. Fast-track regulations will become effective on the date noted in the regulatory action if no objections to using the process are filed in accordance with § 2.2-4012.1.
EMERGENCY REGULATIONS
Pursuant to § 2.2-4011 of the Code of Virginia, an agency, upon consultation with the Attorney General, and at the discretion of the Governor, may adopt emergency regulations that are necessitated by an emergency situation. An agency may also adopt an emergency regulation when Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment. The emergency regulation becomes operative upon its adoption and filing with the Registrar of Regulations, unless a later date is specified. Emergency regulations are limited to no more than 18 months in duration; however, may be extended for six months under certain circumstances as provided for in § 2.2-4011 D. Emergency regulations are published as soon as possible in the Register.
During the time the emergency status is in effect, the agency may proceed with the adoption of permanent regulations through the usual procedures. To begin promulgating the replacement regulation, the agency must (i) file the Notice of Intended Regulatory Action with the Registrar within 60 days of the effective date of the emergency regulation and (ii) file the proposed regulation with the Registrar within 180 days of the effective date of the emergency regulation. If the agency chooses not to adopt the regulations, the emergency status ends when the prescribed time limit expires.
STATEMENT
The foregoing constitutes a generalized statement of the procedures to be followed. For specific statutory language, it is suggested that Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be examined carefully.
CITATION TO THE VIRGINIA REGISTER
The Virginia Register is cited by volume, issue, page number, and date. 29:5 VA.R. 1075-1192 November 5, 2012, refers to Volume 29, Issue 5, pages 1075 through 1192 of the Virginia Register issued on
November 5, 2012.
The Virginia Register of Regulations is published pursuant to Article 6 (§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.
Members of the Virginia Code Commission: John S. Edwards, Chair; James M. LeMunyon, Vice Chair, Gregory D. Habeeb; Ryan T. McDougle; Pamela S. Baskervill; Robert L. Calhoun; Carlos L. Hopkins; E.M. Miller, Jr.; Thomas M. Moncure, Jr.; Christopher R. Nolen; Timothy Oksman; Charles S. Sharp; Robert L. Tavenner.
Staff of the Virginia Register: Jane D. Chaffin, Registrar of Regulations; Karen Perrine, Assistant Registrar; Anne Bloomsburg, Regulations Analyst; Rhonda Dyer, Publications Assistant; Terri Edwards, Operations Staff Assistant.
PUBLICATION SCHEDULE AND DEADLINES
Vol. 31 Iss. 19 - May 18, 2015
May 2015 through May 2016
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Volume: Issue
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Material Submitted By Noon*
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Will Be Published On
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31:19
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April 29, 2015
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May 18, 2015
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31:20
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May 13, 2015
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June 1, 2015
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31:21
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May 27, 2015
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June 15, 2015
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31:22
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June 10, 2015
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June 29, 2015
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31:23
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June 24, 2015
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July 13, 2015
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31:24
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July 8, 2015
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July 27, 2015
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31:25
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July 22, 2015
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August 10, 2015
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31:26
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August 5, 2015
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August 24, 2015
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32:1
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August 19, 2015
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September 7, 2015
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32:2
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September 2, 2015
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September 21, 2015
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32:3
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September 16, 2015
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October 5, 2015
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32:4
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September 30, 2015
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October 19, 2015
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32:5
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October 14, 2015
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November 2, 2015
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32:6
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October 28, 2015
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November 16, 2015
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32:7
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November 10, 2015 (Tuesday)
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November 30, 2015
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32:8
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November 24, 2015 (Tuesday)
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December 14, 2015
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32:9
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December 9, 2015
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December 28, 2015
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32:10
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December 21, 2015 (Monday)
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January 11, 2016
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32:11
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January 6, 2016
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January 25, 2016
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32:12
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January 20, 2016
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February 8, 2016
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32:13
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February 3, 2016
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February 22, 2016
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32:14
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February 17, 2016
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March 7, 2016
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32:15
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March 2, 2016
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March 21, 2016
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32:16
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March 16, 2016
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April 4, 2016
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32:17
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March 30, 2016
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April 18, 2016
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32:18
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April 13, 2016
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May 2, 2016
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32:19
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April 27, 2016
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May 16, 2016
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32:20
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May 11, 2016
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May 30, 2016
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*Filing deadlines are Wednesdays
unless otherwise specified.
PETITIONS FOR RULEMAKING
Vol. 31 Iss. 19 - May 18, 2015
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF DENTISTRY
Initial Agency Notice
Title of Regulation: 18VAC60-20. Regulations Governing Dental Practice.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Mandepp Sood.
Nature of Petitioner's Request: Amend 18VAC60-20-60 to accept dental school programs accredited by the Commission on Dental Accreditation of Canada (CDAC) since there is an existing reciprocal agreement between CDAC and the Commission on Dental Accreditation of the American Dental Association (CODA) to bilaterally recognize programs that are accredited by either of these commissions.
Agency Plan for Disposition of Request: The board will publish the petition on May 18, 2015, and ask for public comment until June 9, 2015. The petition and any comment will be considered by the board at its meeting scheduled for June 12, 2015.
Public Comment Deadline: June 9, 2015.
Agency Contact: Elaine Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R15-31; Filed April 20, 2015, 9:18 a.m.
REGULATIONS
Vol. 31 Iss. 19 - May 18, 2015
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Forms
Title of Regulation: 4VAC20-252. Pertaining to the Taking of Striped Bass.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email jennifer.farmer@mrc.virginia.gov.
REGISTRAR'S NOTICE: Forms used in administering the following regulation have been filed by Marine Resources Commission. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of the new or amended form to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (4VAC20-252)
2015 Striped Bass Charter Boat Fishing Reporting Form (rev. 12/14)
2015 Trophy-Size Striped Bass Season Charter Boat Fishing Reporting Form (rev. 12/14)
Spring Striped Bass Recreational Trophy-Size Report Form (rev. 12/14)
Spring Striped Bass Recreational Trophy-Size Report Form (rev. 3/15)
VA.R. Doc. No. R15-4372; Filed April 23, 2015, 1:09 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption 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: 4VAC20-252. Pertaining to the Taking of Striped Bass (amending 4VAC20-252-60, 4VAC20-252-80).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: May 1, 2015.
Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendments establish the coastal area and Chesapeake area trophy-size striped bass minimum possession size limit of 36 inches total length.
4VAC20-252-60. Bay and Coastal Spring Trophy-size Striped Bass Recreational Fisheries.
A. The open season for the Bay Spring Trophy-size Striped Bass Recreational Fishery shall be May 1 through June 15, inclusive.
B. The area open for the Bay Spring Trophy-size fishery Striped Bass Recreational Fishery shall be the Chesapeake Bay and its tributaries, except the spawning reaches of the James, Pamunkey, Mattaponi, and Rappahannock Rivers.
C. The open season for the Coastal Spring Trophy-size Striped Bass Recreational Fishery shall be May 1 through May 15, inclusive.
D. The area open for the Coastal Spring Trophy-size Striped Bass Recreational Fishery is the coastal area as described in 4VAC20-252-20.
E. The minimum size limit for the fisheries described in this section shall be 32 36 inches total length.
F. The possession limit for the fisheries described in this section shall be one fish per person.
G. It shall be unlawful for any person, 16 years of age or older, participating in the Bay and Coastal Spring Trophy-size striped bass recreational fisheries to fail to obtain a Spring Recreational Striped Bass Trophy Permit from the commission prior to any participation, except when fishing from a legally licensed headboat or charter boat.
H. It shall be unlawful for any spring recreational striped bass trophy permittee or any charter boat striped bass permittee to fail to report the take, harvest, or possession of any trophy-size striped bass, as described in subsection E of this section, on forms provided by the commission by the 15th day after the close of the Bay and Coastal Spring Trophy-size striped bass recreational fisheries. The report requirements shall be as follows:
1. Any spring recreational striped bass trophy permittees or charter boat striped bass permittees shall provide the permittee name, commission permit identification number, the date of any harvest, the water body where the trophy-size striped bass was caught, number of trophy-size striped bass kept or released, and the length of each trophy-size striped bass kept or released. Any weight information on any kept or released trophy-size striped bass may be provided voluntarily by the permittees.
2. Any spring recreational striped bass trophy permittees or charter boat striped bass permittees who did not participate in the Bay and Coastal Spring Trophy-size striped bass recreational seasons shall notify the commission of their lack of participation by the 15th day after the close of the Bay and Coastal Spring Trophy-size striped bass recreational seasons on forms provided by the commission.
I. It shall be unlawful for any permittee, as described in 4VAC20-252-50 H and subsection G of this section, to fail to report either the harvest of trophy-size striped bass or no harvest activity within 15 days of the closing of the Bay and Coastal Spring Trophy-size striped bass recreational seasons.
4VAC20-252-80. Bay Spring/Summer Striped Bass Recreational Fishery.
A. The open season for the Bay Spring/Summer Striped Bass Recreational Fishery shall be May 16 through June 15 inclusive.
B. The area open for this fishery shall be the Chesapeake Bay and its tributaries.
C. The minimum size limit for this fishery shall be 20 inches total length, and the maximum size limit for this fishery shall be 28 inches total length, except as provided in subsection E of this section.
D. The possession limit for this fishery shall be two fish per person.
E. The possession limit described in subsection D of this section may consist of one trophy-size striped bass 32 36 inches or greater, which is subject to the provisions of subsections A, B, E, F, and G , and H of 4VAC20-252-60.
VA.R. Doc. No. R15-4324; Filed April 30, 2015, 12:08 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-620. Pertaining to Summer Flounder (amending 4VAC20-620-40).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: May 1, 2015.
Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendments adjust limitations on the possession and landing of Summer Flounder harvested outside of Virginia waters by closing the directed offshore commercial fishery from the second Wednesday in March through April 19th.
4VAC20-620-40. Commercial vessel possession and landing limitations.
A. It shall be unlawful for any person harvesting Summer Flounder outside of Virginia's waters to do any of the following, except as described in subsections B, C, and D of this section:
1. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of 10% by weight of Atlantic croaker or the combined landings, on board a vessel, of black sea bass, scup, squid, scallops and Atlantic mackerel.
2. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of 1,500 pounds landed in combination with Atlantic croaker.
3. Fail to sell the vessel's entire harvest of all species at the point of landing.
B. From the second Wednesday in March through November 30, or until it has been projected and announced that 85% of the allowable landings have been taken April 19, it shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to do any of the following:
1. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of the combined total of the Virginia landing limit described in subdivision 3 of this subsection and the amount of the legal North Carolina landing limit or trip limit.
2. Land Summer Flounder in Virginia for commercial purposes more than twice during each consecutive 20-day period, with the first 20-day period beginning on the second Wednesday in March.
3. Land in Virginia more than 7,500 pounds of Summer Flounder during each consecutive 20-day period, with the first 20-day period beginning on the second Wednesday in March.
4. Land in Virginia any amount of Summer Flounder more than once in any consecutive five-day period.
C. From December 1 through December 31 of each year, or until it has been projected and announced that 85% of the allowable landings have been taken, it shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to do any of the following:
1. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of the combined total of the Virginia landing limit described in subdivision 3 of this subsection and the amount of the legal North Carolina landing limit or trip limit.
2. Land Summer Flounder in Virginia for commercial purposes more than twice during each consecutive 20-day period, with the first 20-day period beginning on December 1.
3. Land in Virginia more than a total of 10,000 pounds of Summer Flounder during each consecutive 20-day period, with the first 20-day period beginning on December 1.
4. Land in Virginia any amount of Summer Flounder more than once in any consecutive five-day period.
D. From January 1 through December 31 of each year, any boat or vessel issued a valid federal Summer Flounder moratorium permit and owned and operated by a legal Virginia Commercial Hook-and-Line Licensee that possesses a Restricted Summer Flounder Endorsement shall be restricted to a possession and landing limit of 200 pounds of Summer Flounder, except as described in 4VAC20-620-30 F.
E. Upon request by a marine police officer, the seafood buyer or processor shall offload and accurately determine the total weight of all Summer Flounder aboard any vessel landing Summer Flounder in Virginia.
F. Any possession limit described in this section shall be determined by the weight in pounds of Summer Flounder as customarily packed, boxed and weighed by the seafood buyer or processor. The weight of any Summer Flounder in pounds found in excess of any possession limit described in this section shall be prima facie evidence of violation of this chapter. Persons in possession of Summer Flounder aboard any vessel in excess of the possession limit shall be in violation of this chapter unless that vessel has requested and been granted safe harbor. Any buyer or processor offloading or accepting any quantity of Summer Flounder from any vessel in excess of the possession limit shall be in violation of this chapter, except as described by subsection I of this section. A buyer or processor may accept or buy Summer Flounder from a vessel that has secured safe harbor, provided that vessel has satisfied the requirements described in subsection I of this section.
G. If a person violates the possession limits described in this section, the entire amount of Summer Flounder in that person's possession shall be confiscated. Any confiscated Summer Flounder shall be considered as a removal from the appropriate commercial harvest or landings quota. Upon confiscation, the marine police officer shall inventory the confiscated Summer Flounder and, at a minimum, secure two bids for purchase of the confiscated Summer Flounder from approved and licensed seafood buyers. The confiscated fish will be sold to the highest bidder and all funds derived from such sale shall be deposited for the Commonwealth pending court resolution of the charge of violating the possession limits established by this chapter. All of the collected funds will be returned to the accused upon a finding of innocence or forfeited to the Commonwealth upon a finding of guilty.
H. It shall be unlawful for a licensed seafood buyer or federally permitted seafood buyer to fail to contact the Marine Resources Commission Operation Station prior to a vessel offloading Summer Flounder harvested outside of Virginia. The buyer shall provide to the Marine Resources Commission the name of the vessel, its captain, an estimate of the amount in pounds of Summer Flounder on board that vessel, and the anticipated or approximate offloading time. Once offloading of any vessel is complete and the weight of the landed Summer Flounder has been determined, the buyer shall contact the Marine Resources Commission Operations Station and report the vessel name and corresponding weight of Summer Flounder landed. It shall be unlawful for any person to offload from a boat or vessel for commercial purposes any Summer Flounder during the period of 9 p.m. to 7 a.m.
I. Any boat or vessel that has entered Virginia waters for safe harbor shall only offload Summer Flounder when the state that licenses that vessel requests to transfer quota to Virginia, in the amount that corresponds to that vessel's possession limit, and the commissioner agrees to accept that transfer of quota.
J. After any commercial harvest or landing quota as described in 4VAC20-620-30 has been attained and announced as such, any boat or vessel possessing Summer Flounder on board may enter Virginia waters for safe harbor but shall contact the Marine Resources Commission Operation Center in advance of such entry into Virginia waters.
K. It shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to possess aboard any vessel, in Virginia, any amount of Summer Flounder, once it has been projected and announced that 100% of the quota described in 4VAC20-620-30 A has been taken.
VA.R. Doc. No. R15-4330; Filed April 30, 2015, 12:06 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-950. Pertaining to Black Sea Bass (amending 4VAC20-950-45).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: May 1, 2015.
Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendments establish the 2015 recreational black sea bass season as May 15 through September 21 and October 22 through December 31.
4VAC20-950-45. Recreational possession limits and seasons.
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 15 black sea bass. 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 that boat or vessel and shall be equal to the number of persons on board legally licensed to fish, multiplied by 15. The captain or operator of the boat or vessel shall be responsible for that boat or vessel possession limit. Any black sea bass taken after the possession limit has been reached shall be returned to the water immediately.
B. Possession of any quantity of black sea bass that exceeds the possession limit described in subsection A of this section shall be presumed to be for commercial purposes.
C. The open recreational fishing seasons; in 2014 season shall be from May 19 15 through September 21 and October 18 22 through December 31.
D. It shall be unlawful for any person fishing recreationally to take, catch, or possess any black sea bass, except during an open recreational season.
VA.R. Doc. No. R15-4379; Filed April 30, 2015, 12:07 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-1090. Pertaining to Licensing Requirements and License Fees (amending 4VAC20-1090-30).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: May 1, 2015.
Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendments reduce fees for saltwater recreational fishing licenses, combined sportfishing licenses, combined sportfishing trip licenses, and tidal boat sportfishing licenses.
4VAC20-1090-30. License fees.
The following listing of license fees applies to any person who purchases a license for the purposes of harvesting for commercial purposes, or fishing for recreational purposes, during any calendar year. The fees listed below include a $1.00 agent fee.
| 1. COMMERCIAL LICENSES |
| Commercial Fisherman Registration License | $190.00 |
| Commercial Fisherman Registration License for a person 70 years or older | $90.00 |
| Delayed Entry Registration. | $190.00 |
| Delayed Entry Registration License for a person 70 years or older | $90.00 |
| Seafood Landing License for each boat or vessel | $175.00 |
| For each Commercial Fishing Pier over or upon subaqueous beds (mandatory) | $83.00 |
| Seafood Buyer's License -- For each boat or motor vehicle | $63.00 |
| Seafood Buyer's License -- For each place of business | $126.00 |
| Clam Aquaculture Product Owner's Permit | $10.00 |
| Oyster Aquaculture Product Owner's Permit | $10.00 |
| Clam Aquaculture Harvester's Permit | $5.00 |
| Oyster Aquaculture Harvester's Permit | $5.00 |
| Nonresident Harvester's License | $444.00 |
| 2. OYSTER RESOURCE USER FEES |
| Any licensed commercial fisherman harvesting oysters by hand | $50.00 |
| For any harvester using one or more gear types to harvest oysters or for any registered commercial fisherman who solely harvests or possesses any bushel limit described in 4VAC20-720-80, only one oyster resource user fee, per year, shall be paid | $300.00 |
| On any business shucking or packing no more than 1,000 gallons of oysters | $500.00 |
| On any business shucking or packing more than 1,000 but no more than 10,000 gallons of oysters | $1,000.00 |
| On any business shucking or packing more than 10,000 but no more than 25,000 gallons of oysters | $2,000.00 |
| On any business shucking or packing more than 25,000 gallons of oysters | $4,000.00 |
| On any oyster buyer using a single truck or location | $100.00 |
| On any oyster buyer using multiple trucks or locations | $300.00 |
| Commercial aquaculture operation, on riparian assignment or general oyster planting grounds | $50.00 |
| 3. OYSTER HARVESTING, SHUCKING, AND BUYERS LICENSES |
| Any person purchasing oysters caught from the public grounds of the Commonwealth or the Potomac River, for a single place of business with one boat or motor vehicle used for buying oysters | $50.00 |
| Any person purchasing oysters caught from the public grounds of the Commonwealth or the Potomac River, for a single place of business with multiple boats or motor vehicles used for buying oysters | $100.00 |
| For each person taking oysters by hand, or with ordinary tongs | $10.00 |
| For each single-rigged patent tong boat taking oysters | $35.00 |
| For each double-rigged patent tong boat taking oysters | $70.00 |
| Oyster Dredge Public Ground | $50.00 |
| Oyster Hand Scrape | $50.00 |
| To shuck and pack oysters, for any number of gallons under 1,000 | $12.00 |
| To shuck and pack oysters, for 1,000 gallons, up to 10,000 | $33.00 |
| To shuck and pack oysters, for 10,000 gallons, up to 25,000 | $74.00 |
| To shuck and pack oysters, for 25,000 gallons, up to 50,000 | $124.00 |
| To shuck and pack oysters, for 50,000 gallons, up to 100,000 | $207.00 |
| To shuck and pack oysters, for 100,000 gallons, up to 200,000 | $290.00 |
| To shuck and pack oysters, for 200,000 gallons or over | $456.00 |
| 4. BLUE CRAB HARVESTING AND SHEDDING LICENSES, EXCLUSIVE OF CRAB POT LICENSES |
| For each person taking or catching crabs by dip nets | $13.00 |
| For ordinary trotlines | $13.00 |
| For patent trotlines | $51.00 |
| For each single-rigged crab-scrape boat | $26.00 |
| For each double-rigged crab-scrape boat | $53.00 |
| For up to 210 peeler pots | $36.00 |
| For up to 20 tanks and floats for shedding crabs | $9.00 |
| For more than 20 tanks or floats for shedding crabs | $19.00 |
| For each crab trap or crab pound | $8.00 |
| 5. CRAB POT LICENSES |
| For up to 85 crab pots | $48.00 |
| For over 85 but not more than 127 crab pots | $79.00 |
| For over 127 but not more than 170 crab pots | $79.00 |
| For over 170 but not more than 255 crab pots | $79.00 |
| For over 255 but not more than 425 crab pots | $127.00 |
| 6. HORSESHOE CRAB AND LOBSTER LICENSES |
| For each person harvesting horseshoe crabs by hand | $16.00 |
| For each boat engaged in fishing for, or landing of, lobster using less than 200 pots | $41.00 |
| For each boat engaged in fishing for, or landing of, lobster using 200 pots or more | $166.00 |
| 7. CLAM HARVESTING LICENSES |
| For each person taking or harvesting clams by hand, rake or with ordinary tongs | $24.00 |
| For each single-rigged patent tong boat taking clams | $58.00 |
| For each double-rigged patent tong boat taking clams | $84.00 |
| For each boat using clam dredge (hand) | $19.00 |
| For each boat using clam dredge (power) | $44.00 |
| For each boat using hydraulic dredge to catch soft shell clams | $83.00 |
| For each person taking surf clams | $124.00 |
| 8. CONCH (WHELK) HARVESTING LICENSES |
| For each boat using a conch dredge | $58.00 |
| For each person taking channeled whelk by conch pot | $51.00 |
| 9. FINFISH HARVESTING LICENSES |
| Each pound net | $41.00 |
| Each stake gill net of 1,200 feet in length or under, with a fixed location | $24.00 |
| All other gill nets up to 600 feet | $16.00 |
| All other gill nets over 600 feet and up to 1,200 feet | $24.00 |
| Each person using a cast net or throw net or similar device | $13.00 |
| Each fyke net head, weir, or similar device | $13.00 |
| For fish trotlines | $19.00 |
| Each person using or operating a fish dip net | $9.00 |
| On each haul seine used for catching fish, under 500 yards in length | $48.00 |
| On each haul seine used for catching fish, from 500 yards in length to 1,000 yards in length | $146.00 |
| For each person using commercial hook and line | $31.00 |
| For each person using commercial hook and line for catching striped bass only | $31.00 |
| For up to 100 fish pots or eel pots | $19.00 |
| For over 100 but not more than 300 fish pots or eel pots | $24.00 |
| For over 300 fish pots or eel pots | $62.00 |
| 10. MENHADEN HARVESTING LICENSES Any person purchasing more than one of the following licenses, as described in this subsection, for the same vessel, shall pay a fee equal to that for a single license for the same vessel. |
| On each boat or vessel under 70 gross tons fishing for the purse seine menhaden reduction sector | $249.00 |
| On each vessel 70 gross tons or over fishing for the purse seine menhaden reduction sector | $996.00 |
| On each boat or vessel under 70 gross tons fishing for the purse seine menhaden bait sector | $249.00 |
| On each vessel 70 gross tons or over fishing for the purse seine menhaden bait sector | $996.00 |
| 11. COMMERCIAL GEAR FOR RECREATIONAL USE |
| Up to five crab pots | $36.00 |
| Crab trotline (300 feet maximum) | $10.00 |
| One crab trap or crab pound | $6.00 |
| One gill net up to 300 feet in length | $9.00 |
| Fish dip net | $7.00 |
| Fish cast net | $10.00 |
| Up to two eel pots | $10.00 |
| 12. SALTWATER RECREATIONAL FISHING LICENSE |
| Individual, resident | $22.50 $17.50
|
| Individual, nonresident | $30.00 $25.00
|
| Temporary 10-Day, resident | $15.00 $10.00
|
| Temporary 10-Day, nonresident | $15.00 $10.00
|
| Recreational boat, resident | $53.00 $48.00
|
| Recreational boat, nonresident, provided a nonresident may not purchase a recreational boat license unless his boat is registered in Virginia | $84.00 76.00
|
| Head Boat/Charter Boat, resident, six or less passengers | $224.00 $190.00
|
| Head Boat/Charter Boat, nonresident, six or less passengers | $421.00 $380.00
|
| Head Boat/Charter Boat, resident, more than six passengers, plus $5.00 per person, over six persons | $224.00 $190.00
|
| Head Boat/Charter Boat, nonresident, more than six passengers, plus $5.00 per person, over six persons | $421.00 $380.00
|
| Rental Boat, resident, per boat, with maximum fee of $703 | $19.00 $14.00
|
| Rental Boat, nonresident, per boat, with maximum fee of $1270 | $23.00 $18.00
|
| Commercial Fishing Pier (Optional) | $669.00 $632.00
|
| Disabled Resident Lifetime Saltwater License | $10.00 |
| Disabled Nonresident Lifetime Saltwater License | $10.00 |
| Reissuance of Saltwater Recreational Boat License | $5.00 |
| 13. COMBINED SPORTFISHING LICENSE This license is to fish in all inland waters and tidal waters of the Commonwealth during open season. |
| Residents | $44.50 $39.50
|
| Nonresidents | $76.00 $71.00
|
| 14. COMBINED SPORTFISHING TRIP LICENSE This license is to fish in all inland waters and tidal waters of the Commonwealth during open season for five consecutive days. |
| Residents | $28.00 $24.00
|
| Nonresidents | $35.00 $31.00
|
| 15. TIDAL BOAT SPORTFISHING LICENSE |
| Residents | $131.00 $126.00
|
| Nonresidents | $206.00 $201.00
|
| 16. LIFETIME SALTWATER RECREATIONAL FISHING LICENSES |
| Individual Resident Lifetime License | $276.00 |
| Individual Nonresident Lifetime License | $500.00 |
| Individual Resident Lifetime License age 45 - 50 | $132.00 |
| Individual Nonresident Lifetime License age 45 - 50 | $240.00 |
| Individual Resident Lifetime License age 51 - 55 | $99.00 |
| Individual Nonresident Lifetime License 51 - 55 | $180.00 |
| Individual Resident Lifetime License age 56 - 60 | $66.00 |
| Individual Nonresident Lifetime License age 56 - 60 | $120.00 |
| Individual Resident Lifetime License age 61 - 64 | $35.00 |
| Individual Nonresident Lifetime License age 61 - 64 | $60.00 |
| Individual Resident Lifetime License age 65 and older | $5.00 |
| | |
VA.R. Doc. No. R15-4333; Filed April 30, 2015, 12:08 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-1270. Pertaining to Atlantic Menhaden (amending 4VAC20-1270-50).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: May 1, 2015.
Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendments establish the commercial nonpurse seine menhaden bait sector quota as 4,629,542 pounds, allocated by gear type.
4VAC20-1270-50. Nonpurse seine menhaden bait sector quota; allocation and bycatch provisions.
A. For 2015 and 2016, the The commercial nonpurse seine commercial bait sector's allocation shall be by gear type as follows:
| 1. Cast net: | 1,930 1,779 pounds.
|
| 2. Dredge: | 3,069 2,829 pounds.
|
| 3. Fyke net: | 2,115 1,950 pounds.
|
| 4. Gill net: | 1,521,108 1,402,368 pounds.
|
| 5. Hook and line: | 234 216 pounds.
|
| 6. Pot: | 2,064 1,903 pounds.
|
| 7. Pound net: | 3,412,020 3,145,673 pounds.
|
| 8. Seine: | 20,103 18,534 pounds.
|
| 9. Trawl: | 58,847 54,254 pounds.
|
| 10. Trot line: | 39 36 pounds.
|
B. Pursuant to § 28.2-400.4 of the Code of Virginia, once the commissioner announces the date of closure for the nonpurse seine bait fishery, any person licensed in the nonpurse seine menhaden bait sector may possess and land up to 6,000 pounds of menhaden per day.
VA.R. Doc. No. R15-4380; Filed April 30, 2015, 12:07 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-1280. Pertaining to Fishing License and Privilege Revocation (adding 4VAC20-1280-10 through 4VAC20-1280-40).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: May 1, 2015.
Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email jennifer.farmer@mrc.virginia.gov.
Summary:
This chapter establishes the penalties for violation of a commission-ordered revocation of any fishing license or of fishing privileges within the Commonwealth's tidal waters.
CHAPTER 1280
PERTAINING TO FISHING LICENSE AND PRIVILEGE REVOCATION
4VAC20-1280-10. Purpose.
The purpose of this chapter is to establish penalties for any individual found fishing illegally after the Marine Resources Commission has ordered the revocation of his fishing license or his fishing privileges, or both.
4VAC20-1280-20. Definition.
The following word and term when used in this chapter shall have the following meaning unless the context indicates otherwise:
"Fishing" means all operations involved in (i) taking or catching marine fish, shellfish, and marine organisms; (ii) using, setting, operating, or piloting any apparatus or vessel employed in killing, taking, or catching marine fish, shellfish, and marine organisms; or (iii) transporting or preparing for market marine fish, shellfish, and marine organisms.
4VAC20-1280-30. Unlawful fishing after fishing license has been revoked.
It shall be unlawful for any person to participate in any fishing at any time during the period his fishing licenses or fishing privileges are revoked by the Marine Resources Commission.
4VAC20-1280-40. Penalty.
As set forth in § 28.2-903 of the Code of Virginia, any person violating a provision of this chapter shall be guilty of a Class 3 misdemeanor. A second violation and each 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.
VA.R. Doc. No. R15-4334; Filed April 30, 2015, 12:09 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PHARMACY
Final Regulation
REGISTRAR'S NOTICE: The Board of Pharmacy is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 3, which excludes regulations that consist only of changes in style or form or corrections of technical errors. The Board of Pharmacy will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 18VAC110-20. Regulations Governing the Practice of Pharmacy (amending 18VAC110-20-727).
Statutory Authority: §§ 54.1-2400 and 54.1-3420 of the Code of Virginia.
Effective Date: June 17, 2015.
Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4416, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.
Summary:
The amendment removes incorrect references to certain subsections of 18VAC110-725 that had been renumbered and sets out the correct text.
18VAC110-20-727. Pharmacists repackaging for clients of a CSB or BHA.
A. As an alternative to repackaging as defined in 18VAC110-20-725, a pharmacist at a CSB or BHA may repackage a client's prescription drugs that have been dispensed by another pharmacy into compliance packaging that complies with the requirements of 18VAC110-20-340 B and subsections G, H, and J of 18VAC110-20-725. A primary provider pharmacy may also provide this service in compliance with the provisions of 18VAC110-20-535. under the following conditions:
1. A prescription drug order shall not be repackaged beyond the assigned expiration date noted on the prescription label of the dispensed drug, if applicable, or beyond one year from the date the drug was originally dispensed by a pharmacy, whichever date is earlier.
2. The compliance packaging shall comply with the requirements of 18VAC110-20-340 B.
3. A record of repackaging shall be made and maintained for one year from the date of repackaging and shall include the following:
a. Date of repackaging;
b. Name of client;
c. Prescription number of the originally dispensed prescription drug order;
d. Pharmacy name;
e. Drug name and strength;
f. Quantity of drug repackaged; and
g. Initials of the person performing the repackaging and verifying the accuracy of the repackaged drug container.
4. Any portion of a prescription drug order remaining at the CSB or BHA that has exceeded any labeled expiration date or one year from the original pharmacy dispensing date on the label shall be separated from unexpired drugs, stored within a designated area of the board-approved drug storage location, and destroyed within 30 days of expiration with the written agreement of the client. Remaining portions of discontinued prescription drug orders retained by the CSB or BHA shall also be separated from active stock and either returned to the client or destroyed within 30 days of discontinuance with the written agreement of the client.
B. A primary provider pharmacy may also provide this service in compliance with the provisions of 18VAC110-20-535.
VA.R. Doc. No. R15-4319; Filed April 27, 2015, 7:41 a.m.
Copies of the following documents may be viewed during regularwork days from 8 a.m. until 5 p.m. in the office of the UniversityPolicy Manager/Executive Secretary to the Board of Visitors, Koch Hall, Room2010 E, Norfolk, VA 23529. Copies may be obtained, free of charge, bycontacting Donna Meeks at the same address, telephone (757)683-3072, or email dmeeks@odu.edu. All of the documents are availableat www.odu.edu and may be viewed using thelinks below. Questions regarding interpretation or implementation of theseguidance documents should also be directed to Ms. Meeks.