TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Initial Agency Notice

Title of Regulation: 4VAC20-1270. Pertaining to Atlantic Menhaden.

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

Name of Petitioner: Chesapeake Legal Alliance (David Reed) and Southern Maryland Recreational Fishing Organization.

Nature of Petitioner's Request: A petition for rulemaking has been requested by the petitioners for the following:

1. Enact a moratorium in the Chesapeake Bay: Set a precautionary moratorium on purse seine landings by the menhaden reduction fleet within the Chesapeake Bay.

2. Require no less than 40% of harvest from federal waters: Set a limit of no more than 60% of current purse seine menhaden landings within Virginia waters (approximately 94,000 metric tons).

3. Codify a one-mile shoreline buffer: Establish a permanent one-nautical-mile shoreline buffer along Virginia's shoreline prohibiting the use of menhaden purse seines.

4. Fund and implement a menhaden population study: Implement and enhance the Atlantic Menhaden Research proposal to investigate localized depletion and its impacts on the Chesapeake Bay (Virginia Institute of Marine Science, October 1, 2023).

5. Establish proper industry oversight: Require increased vessel and landings monitoring and reporting to ensure compliance and reduce bycatch and impacts on Chesapeake Bay habitats.

Agency Plan for Disposition of Request: The Marine Resources Commission 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 review the petition.

Public Comment Deadline: February 5, 2024.

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 PFR24-23; Filed December 21, 2023, 4:44 p.m.