PETITIONS FOR RULEMAKING
Vol. 41 Iss. 26 - August 11, 2025

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Agency Decision

Title of Regulation: 4VAC20-270. Pertaining to Blue Crab Fishery.

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

Name of Petitioner: Center for Biological Diversity; Virginia Herpetological Society; Wild Virginia; Dr. Willem M. Roosenburg.

Nature of Petitioners' Request: The Center for Biological Diversity, Virginia Herpetological Society, Wild Virginia, and Dr. Willem M. Roosenburg petition the Marine Resources Commission to formally adopt a rule requiring bycatch reduction devices (BRD) in all licensed blue crab pots deployed in near-shore waters to protect the diamondback terrapin. Virginia's fishing regulations currently do not require the use of BRDs in licensed blue crab pots. To protect diamondback terrapins from incidental mortality in active and inactive blue crab pots, the petitioners request that the Marine Resources Commission adopt or amend regulations to require BRDs on licensed commercial and recreational blue crab pots in waters less than 150 yards from shore (at mean low water mark), including manmade lagoons, creeks, coves, rivers, tributaries, shallow bays, inlets, and near-shore harbors. To provide the fishery reasonable time to retrofit crab pots, the petitioners suggest a three-year grace period from the date of adoption or amendment of the regulation. The proposal also includes a provision to allow the use of other gear modifications that demonstrate through peer-reviewed study similar efficacy to 4.5-by-12 centimeter BRDs.

Agency Decision: Request denied.

Statement of Reason for Decision: A public hearing on the petition for rulemaking was held by the Marine Resources Commission on Tuesday, June 24, 2025, in Fort Monroe, Virginia. The petition was to require bycatch reduction devices in crab pots in near-shore waters to protect diamondback terrapins. The petition was denied by unanimous vote of the commission. However, the commission directed staff to conduct a broader review of recreational crab pot fisheries with respect to terrapin exclusion devices and provide that information to the Crab Management Advisory Committee for future consideration.

Agency Contact: Zachary Widgeon, Director of Communications, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 414-0713, or email zachary.widgeon@mrc.virginia.gov.

VA.R. Doc. No. PFR25-48; Filed February 18, 2025, 8:06 a.m.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF COUNSELING

Initial Agency Notice

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: Jamie Korth-Gibson.

Nature of Petitioner's Request: The petitioner requests that the Board of Counseling amend 18VAC115-20-52 to create an exception to the residency hours requirement for individuals who have engaged in providing clinical counseling services under supervision prior to holding a temporary license.

Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on August 11, 2025. The petition will also be published on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment, which opens August 11, 2025, and closes September 10, 2025. 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 October 17, 2025. The petitioner will be notified of the board's decision after that meeting.

Public Comment Deadline: September 10, 2025.

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. PFR25-49; Filed July 17, 2025, 11:03 a.m.