TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Initial Agency Notice
Title of Regulation: 4VAC20. None specified.
Statutory Authority: § 28.2-201 of the Code of Virginia.
Name of Petitioner: Bill Dunn.
Nature of Petitioner's Request: Petition for regulation to ensure proper gear type use in Virginia waters pertaining to depth of current purse seine nets utilized by the Menhaden purse seine net fishery in relationship to the depth of waters of the Chesapeake Bay.
Currently "Ocean Harvesters," a subsidiary of Omega Protein and two other private menhaden companies (i.e., the Purse Seine Fishery) are utilizing purse seine nets that extend 50 to 60 feet down in the shallow water column within the confines of Virginia's portion of the Chesapeake Bay and Virginia waters inside the exclusive economic zone offshore. This has caused massive fish kills of both the primary target of menhaden as well as fish kills of game fish, such as Red Drum, that occurred this past year. Improper gear type usage in waters is allowing these nets to catch game fish that feed on menhaden, which can't escape through the bottom per design of the net before it is closed (or pursed), as they are dragged on the sea bottom. In addition, these nets when dragged along the bottom due to current cause net tears, which if the net has been "pursed," releases many dead or dying fish into the waters.
This improper use of purse seine nets, that is, allowing them to scrape the sea bottom, is also destroying massive amounts of submerged aquatic vegetation, such as sea grass and other bottom growth. When conditions are right this dead submerged aquatic vegetation shows up on the shore as occurred at Kiptopeke State Park last year when bycatch and massive amounts of displaced seagrass landed on the beach.
The most recent description of net depths used by Ocean Harvesters was evidenced in the December 6 Marine Resources Commission (MRC) meeting seen at approximately 3:06:40. These were nets depths of 50 to 60 feet by Captain Thomas Moore of Ocean Harvesters: https://www.youtube.com/watch?v=Cn-ow-dNfsE
This practice of ensuring a "safety zone" below the net when deployed is documented in many publications and is specifically outlined in the Marine Stewardship Council (MSC) of which Omega Protein has gone to great lengths to become an accredited member. MSC states that "Purse-seine fishing in open water is generally considered to be an efficient form of fishing. It has no contact with the seabed and can have low levels of bycatch (accidental catch of unwanted species)." https://www.msc.org/what-we-are-doing/our-approach/fishing-methods-and-gear-types/purse-seine
Purse Seine net design dictates that the net be deployed to a depth that is above the sea bottom in order to alleviate the issues described in this petition, but for some reason their use in the shallow waters of the Chesapeake Bay as well as inshore portions of Virginia's coastal waters has been overlooked by the management groups controlling their use and needs to be addressed as a gear type use restriction issue. Currently per § 28.2-410 of the Code of Virginia, Virginia only regulates a mesh size of these nets to not be less than 1-3/4 inches with no net depth restrictions listed to ensure a safety zone below the net when deployed.
The Virginia MRC has only recently acquired jurisdiction of this fishery and the depth of these nets used has never been discussed as a regulation to prevent the problems discussed in this petition. These problems need to be addressed as the proper method to regulate in order to prevent menhaden spill/kills, unwanted bycatch, and damage to Virginia's sea bottom vegetation.
I hereby request that the MRC implement regulations prescribing the depth of these purse seine nets within the shallow waters of Virginia's Chesapeake Bay and offshore waters to meet the purse seine net design criterion in order to provide no contact with the seabed and eliminate these issues. This could be implemented with a regulation such as "No Purse Seine net may be placed in any area of Virginia's waters that is less than five feet deeper that the depth of the actual net utilized."
Agency Plan for Disposition of Request: The Marine Resources Commission, as required by Executive Order 19 (2022), is submitting notice of the petition for publication in the Virginia Register of Regulations and announcing a public comment period. Following receipt of comments on the petition, the commission will consider whether to grant or deny the petition for rulemaking.
Public Comment Deadline: August 21, 2023.
Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.
VA.R. Doc. No. PFR23-36; Filed July 6, 2023, 12:01 p.m.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF COUNSELING
Initial Agency Notice
Title of Regulation: 18VAC115-80. Regulations Governing the Registration of Qualified Mental Health Professionals.
Statutory Authority: §§ 54.1-2400, 54.1-3500, and 54.1-3505 of the Code of Virginia.
Name of Petitioner: Alesha R. Perkins.
Nature of Petitioner's Request: The petitioner requests that the Board of Counseling amend 18VAC115-80-80 C to automatically approve an individual or business as a continuing education provider for qualified mental health professionals (QMHPs) if the individual or business can provide proof that they are qualified to provide continuing education to QMHPs.
Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on July 31, 2023. The petition will also be published on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment, which will open on July 31, 2023, and close on August 30, 2023. The board will consider the petition at its next meeting after the close of public comment. That meeting is currently scheduled for October 27, 2023. The petitioner will be notified of the board's decision after that meeting.
Public Comment Deadline: August 30, 2023.
Agency Contact: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.
VA.R. Doc. No. PFR23-35; Filed July 3, 2023, 10:03 a.m.
BOARD OF SOCIAL WORK
Initial Agency Notice
Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Shanta Denard Clay.
Nature of Petitioner's Request: The petitioner requests that the Board of Social Work amend 18VAC140-20-70 to set passage of the licensure examination at a score of 99 for all levels of licensure.
Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on July 31, 2023. The petition will also be published on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment, which will open on July 31, 2023, and will close on August 30, 2023. The board will consider the petition and all comments in support or opposition at the next meeting after the close of public comment. That meeting is currently scheduled for November 3, 2023. The petitioner will be notified of the board's decision after that meeting.
Public Comment Deadline: August 30, 2023.
Agency Contact: Jaime Hoyle, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4441, or email jaime.hoyle@dhp.virginia.gov.
VA.R. Doc. No. PFR23-37; Filed July 6, 2023, 12:13 p.m.