TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Agency Decision
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 Decision: Request denied.
Statement of Reason for Decision:
The Marine Resources Commission, following an evaluation of staff analysis and public comment, denies the petition for rulemaking.
There was consensus among staff, the petitioner, and public comment that additional scientific research is imperative to ascertain the ramifications of Atlantic menhaden fisheries removals on the Chesapeake Bay ecosystem.
The commission issued a directive to staff, in consultation with the Menhaden Management Advisory Committee, to undertake the following tasks:
1. Conduct a reassessment of the one-mile shoreline buffer, which entails the prohibition of menhaden purse seine fishery.
2. Examine the possibility of reducing the duration of days allocated for purse seine fishing activity within the Chesapeake Bay.
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.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF COUNSELING
Agency Decision
Title of Regulation: 18VAC115-20. Regulations Governing the Practice of Professional Counseling.
Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Name of Petitioner: Bernard Curry.
Nature of Petitioner's Request:
The petitioner requests that the Board of Counseling amend 18VAC115-20-52 C to allow licensed clinical social workers to provide supervision to residents in professional counseling.
Agency Decision: Request denied.
Statement of Reason for Decision:
At the board's meeting on April 19, 2024, the board voted to take no action on the petition. If the board permitted licensed clinical social workers (LCSWs) to supervise residents in counseling, the board would have no jurisdiction to discipline the LCSW supervisor in the event a violation of law occurred. Additionally, access to technology-assisted supervision has increased the availability of supervisors for residents in counseling. Technology-assisted supervision was not in existence at the time licensees of other boards were previously permitted to supervise counseling residents. Finally, the board believes that residents in counseling would be better served by supervision from a licensed professional counselor given the differences in the disciplines of licensed professional counseling and licensed clinical social work.
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. PFR24-28; Filed February 20, 2024, 12:01 p.m.