REGISTER INFORMATION PAGE
Vol. 31 Iss. 19 - May 18, 2015

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

Volume: Issue

Material Submitted By Noon*

Will Be Published On

31:19

April 29, 2015

May 18, 2015

31:20

May 13, 2015

June 1, 2015

31:21

May 27, 2015

June 15, 2015

31:22

June 10, 2015

June 29, 2015

31:23

June 24, 2015

July 13, 2015

31:24

July 8, 2015

July 27, 2015

31:25

July 22, 2015

August 10, 2015

31:26

August 5, 2015

August 24, 2015

32:1

August 19, 2015

September 7, 2015

32:2

September 2, 2015

September 21, 2015

32:3

September 16, 2015

October 5, 2015

32:4

September 30, 2015

October 19, 2015

32:5

October 14, 2015

November 2, 2015

32:6

October 28, 2015

November 16, 2015

32:7

November 10, 2015 (Tuesday)

November 30, 2015

32:8

November 24, 2015 (Tuesday)

December 14, 2015

32:9

December 9, 2015

December 28, 2015

32:10

December 21, 2015 (Monday)

January 11, 2016

32:11

January 6, 2016

January 25, 2016

32:12

January 20, 2016

February 8, 2016

32:13

February 3, 2016

February 22, 2016

32:14

February 17, 2016

March 7, 2016

32:15

March 2, 2016

March 21, 2016

32:16

March 16, 2016

April 4, 2016

32:17

March 30, 2016

April 18, 2016

32:18

April 13, 2016

May 2, 2016

32:19

April 27, 2016

May 16, 2016

32:20

May 11, 2016

May 30, 2016

*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.

Guidance Documents
Vol. 31 Iss. 19 - May 18, 2015

GUIDANCE DOCUMENTS

OLD DOMINION UNIVERSITY

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.

Guidance Documents:

Boardof Visitors Bylaws

Board ofVisitors Policies

UniversityPolicies and Procedures

Teachingand Research Faculty Handbook

AdjunctFaculty Handbook

Administrativeand Professional Faculty Guidebook

ClassifiedEmployee Guidebook

WageEmployee Guidebook

Undergraduate Catalog,2014-2015

Graduate Catalog,2013-2014

Gunand Weapon Regulation

ParkingRegulations

GOVERNOR
Vol. 31 Iss. 19 - May 18, 2015

GOVERNOR

EXECUTIVE ORDER NUMBER 42 (2015)

Establishing the VirginiaEnvironmental Literacy Challenge

Importance of the Issue

Virginia's natural resources and its environment are among theCommonwealth's most important assets. Our fields, forests, streams, and rivershelp to grow food, and ensure that we have clean air and water. The VirginiaConstitution details our responsibility to conserve and protect theseresources, saying in part, "To the end that the people have clean air,pure water, and the use and enjoyment for recreation of adequate public lands,waters, and other natural resources, it shall be the policy of the Commonwealthto conserve, develop, and utilize its natural resources, its public lands, andits historical sites and buildings."

An educated population who understand the value of ourenvironment is crucial to the protection of our natural resources. Futuregenerations should be prepared to continue the important work of conservation.Meaningful outdoor experiences and field investigations allow students to learnscience and other subjects through their observations of and interactions withnature. School sustainability programs can allow students to learn about thefundamental scientific mechanisms that make it possible to reduce the impact ofschool facilities on the environment. The teaching and learning ofenvironmental and sustainability concepts will ensure that today's studentswill have the knowledge and skills to be ready to take up the mantle tomorrow.Our ultimate goal is to develop and nurture a future environmentally literatecitizenry who will make informed decisions concerning the environment, and willdevelop the propensity to act on those decisions to improve the well-being ofother individuals, societies, and the global environment.

Today, environmental literacy is advocated and promoted by stateagencies, universities and nongovernmental organizations through the Virginia ResourceUse Education Council. Schools across the Commonwealth are learning more about environmentalchallenges and students are demonstrating that they are conserving natural resourcesand protecting the environment in their communities in significant ways.Students are learning to address complex issues, from science, economics and policyissues to cultural and global perspectives. Through the outdoor inquiry approach,students are becoming more engaged in learning, gaining content knowledge in allsubject areas, and increasing awareness about individual actions they can take torestore the health of the natural environment.

This Executive Order is designed to complement and support theefforts of the Virginia Resource Use Education Council by establishing my longterm vision for the Commonwealth that: 1) Virginia students graduate with theknowledge and skills to make informed environmental decisions; 2) educatorsresponsible for instruction about or in the environment have access tosustained professional development opportunities, tools, and resources thatsupport efforts to provide students with high quality environmental education;and 3) Virginia schools maintain their buildings, grounds, and operations  tosupport  positive environmental and human health outcomes.

Initiative

Accordingly, by virtue of the authority vested in me asGovernor under Article V of the Constitution of Virginia and under the laws ofthe Commonwealth, and subject to my continuing and ultimate authority andresponsibility to act in such matters, I hereby create the VirginiaEnvironmental Literacy Challenge. This challenge will involve schools at theclassroom and school division levels. At the classroom level, individualteachers will be encouraged and supported as they engage their students ininnovative learning and programs, which ultimately support environmentalliteracy. At the school division level, the challenge gives school divisions apathway to engage and commit to taking a systemic approach to the promotion andimprovement of environmental literacy.

This Executive Order requires state agencies participating inthe Virginia Resource Use Education Council to take the following immediateactions:

1. Establish the Conservation Classroom Challenge. Inrecognition of the fact that classroom teachers are often the driving forcebehind environmental literacy and sustainability efforts, this classroom-levelchallenge highlights and will support the efforts of classroom teachers. TheConservation Classroom Challenge will provide educators with entry-levelresources to introduce students to environmental concepts and actions. Teacherswill be recognized for engaging their students in school-sustainability effortsand for participating in field investigations that connect to educational goalscontained within the Standards of Learning.

Implementation: State education and natural resource agenciesparticipating in the Virginia Resource Use Education Council shall:

i. develop classroom level challenges for various gradelevels that either: 1) engage students in reducing the impact of their school'sfacilities on their local watershed, environment, and human health, or 2)engage students in meaningful outdoor experiences that increase theirenvironmental  literacy;

ii. develop specific challenges by working with nongovernmentalpartner organizations that are engaged in the promotion of environmental literacy;

iii. combine specific challenges from partner organizationsand make them available to educators;

iv. establish an online tool for educators to self-report completionof these challenges; and

v. promote the Conservation Classroom Challenge throughwebsites, communications to school divisions, and information  distributed tooutside stakeholders.

2. Establish the Environmental Literacy Challenge forSystemic Sustainability (ELCSS). The best way to make a long-lasting impact onenvironmental literacy in the Commonwealth's schools is to take a systemicapproach. Accordingly, ELCSS is designed to recognize and encourage thoseschool divisions that want to make a significant commitment to environmentalliteracy.

Implementation: State education and natural resource agenciesparticipating in the Virginia Resource Use Education Council shall:

i. establish criteria for meeting this voluntary challenge(in consultation with outside partner organizations), including but not limitedto the following:

1. developing a systemic plan for environmental literacythat identifies environmental literacy programs and learning opportunities ateach grade level;

2. identifying an environmental literacy lead toparticipate in regional environmental literacy training or conferences to beled by state agencies and nongovernmental partner organizations, to promote andsupport environmental literacy learning within the division, identify curricularconnections, promote best practices, build partnerships, and designprofessional development;

3. engaging teachers in trainings and professionaldevelopment opportunities designed to improve their ability to use theenvironment as a context for learning in and out of the classroom;

4. committing to provide significant numbers of studentopportunities to participate in field-based environmental investigations andmeaningful outdoor experiences designed to improve environmental literacy;

5. providing environmental leadership training to principalsand administrators; and

6. dedicating existing local and state funding or seekingoutside funding partners for environmentally based activities in the public andprivate sectors;

ii. develop an application for school divisions todemonstrate their execution of the practices identified above;

iii. review applications on an ongoing basis and determinewhich divisions have completed the challenge;

iv. promote the Environmental Literacy Challenge forSystemic Sustainability through their websites, communications to schooldivisions, and information distributed  to outside stakeholders; and

v. coordinate with outside partners participating in theVirginia Resource Use Education Council to provide a list of potential outsidefunding partners to school divisions seeking to complete the EnvironmentalLiteracy Challenge for Systemic Sustainability.

Effective Date of the Executive Order

This Executive Order shall become effective upon its signingand shall remain in full forceand effect unless amended or rescindedby further executive order.

Given under my hand and under the Seal of the Commonwealth ofVirginia this 22nd Day of April, 2015.

/s/ Terence R. McAuliffe
Governor