Title of Regulation: 4VAC20-380. Pertaining to Grey Trout (Weakfish) (amending 4VAC20-380-30, 4VAC20-380-50, 4VAC20-380-60).

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

Effective Date: May 1, 2010.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Summary:

The amendments (i) modify the landing limit for out-of-state trawl from 300 to 100 for grey trout less than 12 inches in length; (ii) establish open seasons for all gear types that harvest grey trout as time periods when there are not closed harvest periods; (iii) establish for any open season a 100-pound vessel possession limit for grey trout per day or trip, whichever is the longer period of time; (iv) establish closed season possession limits as 100 pounds per vessel per day or trip, whichever is the longer period of time; (v) establish a 100-pound vessel possession limit for any gear type not subject to a closed period per day or trip, whichever is the longer period of time; (vi) establish a one grey trout possession limit for any person fishing with hook and line, rod and reel, or hand line; and (vii) establish that when fishing from a boat or vessel where the entire catch is held in a common hold or container, the possession limit shall be for the boat or vessel and shall be equal to the number of persons on board legally eligible to fish multiplied by one.

4VAC20-380-30. Commercial minimum size limits.

A. For any person fishing with pound net or haul seine, there shall be no minimum size limit on grey trout.

B. It shall be unlawful for any person fishing with gill nets to possess any grey trout less than 12 inches in length.

C. It shall be unlawful for any trawl boat to land any grey trout in Virginia that are less than 12 inches in length, except that up to 300 100 grey trout less than 12 inches in length may be landed by trawl but shall not be sold.

D. It shall be unlawful for any person fishing with commercial hook and line to possess any grey trout less than 12 inches in length.

E. It shall be unlawful for any person using any gear type not specified in subsection A, B, C, or D of this section to possess any grey trout less than nine inches in length.

F. During a closed season it shall be unlawful for any person using any gear type which is regulated by a closed season to possess any grey trout less than 12 inches in length.

G. Length is measured in a straight line from the tip of the nose to the tip of the tail.

4VAC20-380-50. Commercial fishing season.

A. The open seasons on grey trout harvested by pound net shall be April 1 through April 30 and May 23 through September 12. The closed season seasons on grey trout harvested by pound net shall be May 1 through May 22, and September 13 through March 31 except as provided in subdivision 1 of this subsection.

1. Any pound net fisherman who holds 2 or 3 pound net licenses in accordance with the provisions of 4VAC20-600-10 et seq. may forfeit only one of those licenses to be exempt from the closed seasons as established in this subsection. Any pound net fisherman who holds 4, 5, or 6 pound net licenses in accordance with the provisions of 4VAC20-600-10 et seq. may forfeit only two of those licenses to be exempt from the closed seasons as established in this subsection. Any pound net fisherman who holds 7, 8, or 9 pound net licenses in accordance with the provisions of 4VAC20-600-10 et seq. may forfeit only three of those licenses to be exempt from the closed seasons as established in this subsection. Forfeiture of any license shall be through March 31, of each fishing season, and shall occur prior to May 1 of each fishing season.

2. Any pound net licensee who forfeits a license pursuant to subdivision 1 of this subsection shall retain his priority rights to such locations for future licensing until April 1 of the following fishing season. Any pound net fisherman who forfeits one or more pound net licenses may reclaim such licenses during the period of March 15 of the current fishing season through April 1 of the following fishing season, but shall not set or fish any pound nets provided for by such licenses prior to April 1.

3. Those pound net licensees who hold multiple gear licenses and satisfy the requirement of subdivision 1 of this subsection may transfer an unused license to a licensee who holds a single pound net license.

B. The open seasons on grey trout harvested by gill net shall be April 1 through May 13, October 21 through December 30, and March 16 through March 31. The closed seasons on grey trout harvested by gill net shall be May 14 through October 20, and December 31 through March 15.

C. The open seasons on grey trout harvested by haul seine shall be April 16 through June 10 and August 21 through September 24. The closed seasons on grey trout harvested by haul seine shall be April 1 through April 15;, June 11 through August 20;, and September 25 through March 31.

D. The open season on landing grey trout harvested by trawl shall be April 1 through September 25. The closed season on landing grey trout harvested by trawl shall be September 26 through March 31.

E. During any open season described in subsections A, B, C, and D of this section, the boat or vessel possession limit for grey trout shall be 100 pounds per day or trip, whichever is the longer period of time.

E. F. During any closed season described in subsections A, B, C, and D of this section, the boat or vessel possession limit for grey trout taken as by-catch bycatch in other directed fisheries shall be the lesser of 450 pounds or an amount equal to the number of registered commercial fishermen or seafood landing licensees on board multiplied by 150 pounds 100 pounds per day or trip, whichever is the longer period of time. For any gear type not subject to a closed season, the possession limit shall be the lesser of 450 pounds or an amount equal to the number of registered commercial fishermen or seafood landing licensees on board multiplied by 150 pounds. Only one license per person, either the commercial fisherman's registration license or seafood landing license, shall be used to calculate the boat or vessel possession limit. Further, during any closed season described in subsections A, B, C, and D of this section, it shall be unlawful for any person to do any of the following:

1. Possess any grey trout less than 12 inches in total length.

2. Possess aboard any vessel or land any quantity of grey trout that is more than the total weight of species other than grey trout on board the vessel.

G. For any gear type not subject to a closed season, nor described in subsections A, B, C, or D of this section, the vessel possession limit shall be 100 pounds per day or trip, whichever is the longer period of time.

4VAC20-380-60. Recreational fishing seasons, minimum size limits, and possession limits.

A. It shall be unlawful for any person fishing with hook and line, rod and reel or hand line to possess more than six one grey trout and the minimum size limit shall be 12 inches in length.

B. When fishing from a boat or vessel where the entire catch is held in a common hold or container, the possession limit shall be for the boat or vessel and shall be equal to the number of persons on board legally eligible to fish multiplied by six one. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limit. Any grey trout taken after the possession limit has been reached shall be returned to the water immediately.

Title of Regulation: 8VAC20-40. Regulations Governing Educational Services for Gifted Students (amending 8VAC20-40-10, 8VAC20-40-20, 8VAC20-40-40, 8VAC20-40-60, 8VAC20-40-70; adding 8VAC20-40-55; repealing 8VAC20-40-30, 8VAC20-40-50).

Statutory Authority: § 22.1-16 of the Code of Virginia.

Public Comment Deadline: April 28, 2010.

Notice is hereby given that, pursuant to § 2.2-4007.06 of the Code of Virginia, the State Board of Education is suspending the final Regulations Governing Educational Services for Gifted Students (8VAC20-40) published in 26:11 VA.R. 1636-1642 February 1, 2010, and providing an additional 30-day comment period to receive comment on changes made to the regulations between publication of the proposed regulations and publication of the final regulations. These changes are shown in brackets in the final version of the regulations as published in the Virginia Register of Regulations.

The board received requests from at least 25 persons for an additional comment period. Therefore, the effective date of the final regulations is delayed until the additional comment period closes and the Board of Education considers the public comment and readopts final regulations. The final regulations and the new effective date will be published in the Virginia Register of Regulations as required by the Code of Virginia.

The additional 30-day comment period begins on March 29, 2010, and ends on April 28, 2010. Written comment regarding the changes made between publication of the proposed regulations and publication of the final regulations may be submitted by postal mail, fax, or email to the agency contact listed below.

Agency Contact: Dr. Donna Poland, Department of Education, P.O. Box 2120, Richmond, VA 23218, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2884, FAX (804) 225-2524, email donna.poland@doe.virginia.gov.

Title of Regulation: 16VAC15-30. Virginia Rules and Regulations Declaring Hazardous Occupations (amending 16VAC15-30-50, 16VAC15-30-70, 16VAC15-30-90, 16VAC15-30-120, 16VAC15-30-130, 16VAC15-30-140, 16VAC15-30-170).

Statutory Authority: § 40.1-100 of the Code of Virginia.

Effective Date: April 29, 2010.

Agency Contact: Wendy Inge, Director, Division of Labor and Employment Law, Department of Labor and Industry, Powers-Taylor Building, 13 South Thirteenth Street, Richmond, VA 23219, telephone (804) 786-3224, FAX (804) 371-2324, TTY (804) 786-2376, or email wendy.inge@doli.virginia.gov.

Summary:

During a comprehensive review of the child labor hazardous occupations regulations conducted in conjunction with the Attorney General's Regulatory Review Task Force, certain language in 16VAC15-30-30 was identified as conflicting with § 40.1-100 of the Code of Virginia. This action eliminates this conflict and provides further clarification to the public in the following occupations: (i) logging and sawmilling; (ii) power-driven metal forming, punching, and shearing machine; (iii) power-driven bakery machine; (iv) power-driven paper-products machine; (v) occupations involving exposure to radioactive substances and ionizing radiations; (vi) occupations involved in the manufacture of brick, tile, and kindred products; and (vii) occupations in roofing operations.

16VAC15-30-50. Logging and sawmilling occupations.

All occupations in logging and all occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill are prohibited except the following: for minors under the age of 18.

1. Exceptions applying to logging:

(a) Work in offices or in repair or maintenance shops.

(b) Work in the construction, operation, repair, or maintenance of living and administrative quarters of logging camps.

(c) Work in timber cruising, surveying, or logging-engineering parties; work in the repair or maintenance of roads, railroads, or flumes; work in forest protection, such as clearing fire trails or roads, piling and burning slash, maintaining fire-fighting equipment, constructing and maintaining telephone lines, or acting as fire lookout or fire patrolman away from the actual logging operations: Provided, that the provisions of this paragraph shall not apply to the felling or bucking of timber, the collecting or transporting of logs, the operation of power-driven machinery or power-driven saws, the handling or use of explosives, and work on trestles.

(d) Peeling of fence posts, pulpwood, chemical wood, excelsior wood, cordwood, or similar products, when not done in conjunction with and at the same time and place as other logging occupations declared hazardous by this section.

2. Exceptions applying to the operation of any permanent sawmill or the operation of any lath mill, shingle mill, or cooperage-stock mill: Provided, that these exceptions do not apply to a portable sawmill the lumber yard of which is used only for the temporary storage of green lumber and in connection with which no office or repair or maintenance shop is ordinarily maintained; and further provided, that these exceptions do not apply to work which entails entering the sawmill building:

(a) Work in offices or in repair or maintenance shops.

(b) Straightening, marking, or tallying lumber on the dry chain or the dry drop sorter.

(c) Pulling lumber from the dry chain.

(d) Clean up in the lumber yard.

(e) Piling, handling, or shipping of cooperage stock in yards or storage sheds, other than operating or assisting in the operation of power-driven equipment.

(f) Clerical work in yards or shipping sheds, such as done by ordermen, tallymen, and shipping clerks.

(g) Clean-up work outside shake and shingle mills, except when the mill is in operation.

(h) Splitting shakes manually from pre- cut and split blocks with a froe and mallet, except inside the mill building or cover.

(i) Packing shakes into bundles when done in conjunction with splitting shakes manually with a froe and mallet, except inside the mill building or cover.

(j) Manual loading of bundles of shingles or shakes into trucks or railroad cars.

16VAC15-30-70. Occupation involving exposure to radioactive substances and to ionizing radiations.

Any work activity is prohibited in any workroom in which (a) radium is stored or used in the manufacture of self-luminous compound; (b) self-luminous compound is made, processed, or packaged; (c) self-luminous compound is stored, used, or worked upon; (d) incandescent mantles are made from fabric and solutions containing thorium salts, or are processed or packaged; and, (e) any other work which involves activities that involve exposure to ionizing radiations including X-ray equipment; and (f) any other activities that involve exposure to radioactive substances or ionizing radiations in any capacity.

16VAC15-30-90. Power-driven metal forming, punching, and shearing machine occupations.

The occupations of operator of or helper on the following power-driven metal forming, punching, and shearing machines are prohibited activities for minors under 18 years of age:

1. All rolling machines, such as beading, straightening, corrugating, flanging, or bending rolls; and, hot or cold rolling mills.

2. All pressing or punching machines, such as punch presses, except those provided with full automatic feed and ejection and with a fixed barrier guard to prevent the hands or fingers of the operator from entering the area between the dies; power presses; and, plate punches.

3. All bending machines, such as apron brakes and press brakes.

4. All hammering machines, such as drop hammers and power hammers; and, powder actuated tools.

5. All shearing machines, such as guillotine or squaring shears; alligator shears; and, rotary shears.

The occupations of setting up, adjusting, repairing, oiling, or cleaning these machines including those with automatic feed and ejection are prohibited.

Note: This restriction does not apply to a very large group of metal-working machines known as machine tools. Machine tools are defined as "power-driven complete metal-working machines having one or more tool-or-work-holding devices, and used for progressively removing metal in the form of chips." Since the restriction does not apply to machine tools, the 18-year-age minimum does not apply. Such machine tools are classified below so that they can be readily identified:

Planing function Machines

Planers

Shapers

Slotters

Broaches

Keycasters

Hack Saws

Milling function Machines

Horizontal Milling Machines

Vertical Milling Machines

Universal Milling Machines

Planer-type Milling Machines

Gear Hobbing Machines

Profilers

Routers

Boring function Machines

Vertical Boring Mills

Horizontal Boring Mills

Jig Borers

Pedestal Drills

Radial Drills

Gang Drills

Upright Drills

Drill Press, etc.

Centering Machines

Reamers

Honers

Grinding function Machines

Grinders

Abrasive Wheels

Abrasive Belts

Abrasive Disks

Abrasive Points

Polishing Wheels

Stroppers

Lapping Machines

Buffing Wheels

Turning function Machines

Engine Lathes

Turret Lathes

Hollow Spindle Lathes

Automatic Lathes

Automatic Screw Machines

Exemptions:

The exemptions for properly certified apprentices and student-learners apply to this restriction.

16VAC15-30-120. Power-driven bakery machine occupations.

The following occupations involved in Occupations involving the operation of or assisting in the operation of power-driven bakery machines are prohibited: activities for minors under 18 years of age.

1. The occupations of operating, assisting to operate, or setting up, adjusting, repairing, oiling, or cleaning any horizontal or vertical dough mixer; batter mixer; bread dividing, rounding, or molding machines; dough brake; dough sheeter; combination bread slicing and wrapping machine; or, cake-cutting band saw.

2. The occupation of setting up or adjusting a cookie or cracker machine.

Note: The restriction does not apply to the following list of bakery machines which may be operated by 16-year-old and 17-year old minors:

Ingredient Preparation and Mixing:

Flour-sifting machine operator

Flour-blending machine operator

Sack-cleaning machine operator

Product Forming and Shaping:

Roll-dividing machine operator

Roll-making machine operator

Batter-sealing machine operator

Depositing machine operator

Cookie or cracker machine operator

Wafer machine operator

Pretzel-stick machine operator

Pie-dough rolling machine operator

Pie-dough sealing machine operator

Pie-crimping machine operator

Finishing and Icing:

Depositing machine operator

Enrobing machine operator

Spray machine operator

Icing mixing machine operator

Slicing and Wrapping:

Roll Slicing and wrapping machine operator

Cake wrapping machine operator

Carton packing and sealing machine operator

Pan Washing:

Spray-type pan washing machine operator

Tumbler-type pan washing machine operator

Note: This restriction does not apply to the operation of noncommercial grade bakery appliances not specifically designed for commercial use including, but not limited to, hand held mixers, blenders, and food processors.

Exemptions:

The exemptions for properly certified apprentices and student-learners apply to this restriction.

16VAC15-30-130. Power-driven paper-products machine occupations.

The occupations of operating or assisting to operate any of the following power-driven paper-products machines, including, but not limited to, the following, are prohibited activities for minors under 18:

1. Arm-type wire stitcher or stapler, circular or band saw, corner cutter or mitering machines, corrugating single-facing or double-facing machine, envelope die-cutting press, guillotine paper cutter or shear, horizontal bar scorer, laminating or combining machine, sheeting machine, scrap-paper baler, or vertical slotter.

2. Platen die-cutting press, platen printing press, or punch press which that involves hand feeding of the machine.

The occupations of setting up, adjusting, repairing, oiling, or cleaning these machines, including those which that do not involve hand feeding, are prohibited for minors under 18.

Note: There are many machines not covered by this restriction. The most important of these machines are the following:

Bag Machine Bag-making Machine

Bottoming Machine (Bags)

Box-making Machines (Collapsible Boxes)

Bundling Machine

Calender Roll and Plating Machines

Cigarette Carton Opener and Tax-stamping Machine

Clasp Machine

Corner Stayer

Counting, Stacking and Ejecting Machine

Covering, Lining or Wrapping Machines (Set-up Boxes)

Creping Machine

Dornbusch Machines (Wallpaper)

Ending Machine (Set-up Boxes)

Envelope Machine

Folding Machine

Gluing, Scaling, or Gumming Machine

Interfolding Machine

Jogging Machine

Lacer Machine

Parchmentizing, Waxing, or Coating Machines

Partition assembling Machine

Paper Cup Machine

Quadruple Stayer

Rewinder

Rotary Printing Press

Ruling Machine

Slitting Machine

Straw Winder

Stripping Machine

Taping Machine

Tube cutting Machine

Tube Winder

Tube Machine (Paper Bags)

Window Patch Machine

Wire or Tag-stringing Machine

Exemptions:

The exemptions for properly certified apprentices and student-learners apply to this restriction.

16VAC15-30-140. Occupations involved in the manufacture of brick, tile, and kindred products.

The following occupations Occupations involved in the manufacture of clay construction products and of silica refractory products brick, tile, and kindred products, including but not limited to the following, are prohibited activities for minors under 18 years of age:

1. All work in or about establishments in which clay construction products are manufactured, except (a) work in storage and shipping; (b) work in offices, laboratories, and storerooms; and, (c) work in the drying departments of plants manufacturing sewer pipe.

2. All work in or about establishments in which silica brick or other silica refractories are manufactured, except work in office.

Note: Minors at least 14 years of age may perform office work of a clerical nature in a bona fide office at a brick yard.

16VAC15-30-170. Occupations in roofing operations.

All occupations activities in roofing operations are prohibited: the . The term "roofing operations" shall mean all work performed in connection with the application of weather-proofing materials and substances (such such as tar or pitch, asphalt, prepared paper, tile, slate, metal, translucent materials, and shingles of asbestos, asphalt or wood) wood to roofs of buildings or other structures. The term shall also include all work performed in connection with: (1) the installation of roofs, including related metal work such as flashing and (2) alterations, additions, maintenance, and repair, including painting and coating, of existing roofs. In addition, The the term shall not include gutter and downspout work; the construction of the sheathing or base of roofs; or, the installation of television antennas, communications satellites, air conditioners, exhaust and ventilating equipment, or any similar appliances attached to roofs; and any similar work required to be performed on or about roofs including work performed on the ground.

Exemptions:

The exemptions for properly certified apprentices and student-learners apply to this restriction.