Title of Regulation: 4VAC20-1260. Pertaining to River Herring (amending 4VAC20-1260-30).

Statutory Authority: §§ 28.2-201 and 28.2-210 of the Code of Virginia.

Effective Dates: February 29, 2012, through March 30, 2012.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Preamble:

The emergency amendments clarify that it is unlawful for any person to (i) catch and retain possession of any river herring from Virginia tidal waters or (ii) possess aboard a vessel on Virginia tidal waters or land in Virginia any river herring. The amendments also require that any imported river herring or byproduct be accompanied by a bill of lading or commercial invoice with the seller's name, date of sale, and pounds of river herring product.

4VAC20-1260-30. Moratorium.

A. It shall be unlawful for any person to possess catch and retain possession of any river herring in the Commonwealth of Virginia from Virginia tidal waters.

B. It shall be unlawful for any person to possess aboard a vessel on Virginia tidal waters or to land in Virginia any river herring.

C. Any river herring or its byproduct imported into Virginia from another state or country shall be accompanied by a bill of lading or commercial invoice that shall include the name of the seller, the date of sale, and the pounds of river herring product.