TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Agency Decision
Title of Regulation: 4VAC20-1260. Pertaining to River Herring.
Statutory Authority: § 28.2-201 of the Code of Virginia.
Name of Petitioner: Robert Allen, Coastal Conservation Association Virginia.
Nature of Petitioner's Request: The petitioner's request is as follows: "This petition requests rulemaking by the Virginia Marine Resources Commission (VMRC) for a managed recreational Hickory Shad fishery in Chesapeake Bay waters and coastal rivers and their tributaries within Virginia with a daily creel limit informed by and adjusted based on best available data. The requested regulation would be part of existing VMRC fisheries management for Alosine species and is needed to conserve the Hickory Shad stock by replacing unrestricted recreational harvesting with a controlled fishery. Unrestricted take exposes this species to overharvesting and diminishes the contribution of Virginia coastal river spawners to species abundance.
Petition objectives are to conserve the Hickory Shad species in Virginia's Chesapeake Bay waters and tributaries, sustain its contribution to species abundance of the East Coast stock, maintain a quality recreational fishery, and support shad and herring restoration plans.
The proposed fishery management action is for nonindigenous recreational fishing only. It would not alter commercial fishing regulations or the fishing rights of Native Americans who habitually reside on an Indian reservation or are members of a Virginia-recognized tribe who reside in the Commonwealth."
Agency Decision: Request denied.
Statement of Reason for Decision:
Environmental Impact:
1. There is no evidence of a need for fisheries management measures at this time.
2. Hickory shad differ from American shad in life history traits, which means their populations are not subject to the same pressures.
3. Anecdotal data from the Virginia Institute of Marine Science Alosine Monitoring Program suggests a relatively consistent run of hickory shad through time.
4. Beginning in 2025, biological data for all individual hickory shad encountered in the Alosine Monitoring Program will be collected to develop a time series for an index of abundance. If this index shows negative trends on the spawning stock, appropriate management measures could be implemented at that time.
Economic Considerations:
1. The petition has the potential to create unintended economic and social consequences for the end user of these fisheries products.
2. A comprehensive economic impact assessment would need to be considered to determine the impact of management measures to the communities that harvest hickory shad.
Agency Contact: Zachary Widgeon, Regulatory Coordinator, 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. PFR25-02; Filed July 29, 2024, 9:54 a.m.
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TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Agency Decision
Title of Regulation: 9VAC25. None specified.
Statutory Authority: §§ 2.2-4007.02 and 2.1-44.33 of the Code of Virginia.
Name of Petitioner: Robert Hodson.
Nature of Petitioner's Request: On September 30, 2024, the Department of Environmental Quality (DEQ) received Robert Hodson's petition to initiate a new regulation governing ocean-class passenger cruise ships. Specifically, this petition requests that DEQ and the Commonwealth develop a regulation for cruise ships in Virginia waters as follows: (i) mandate the use of low-sulfur fuel; (ii) ban the use of exhaust gas cleaning systems (open-loop scrubbers); (iii) require the use of shore power; (iv) restrict the dumping of graywater, blackwater, and other environmentally detrimental waste products; and (v) require incident reporting and independent monitoring to ensure compliance.
A copy of the full petition is available from the agency contact.
Agency Decision: Request denied.
Statement of Reason for Decision: At the December 4, 2024, meeting of the State Water Control Board, staff presented the board with information on the petition and a summary of the comments received on the petition during the public comment period. The board voted to not initiate a rulemaking in response to the petition. The rationale for denying the petition is as follows:
Sewage discharges from cruise ships are currently regulated by federal and state regulation under the U.S. Environmental Protection Agency (EPA) Vessel General Permit (VGP), 40 CFR 140, and Regulations Governing the Discharge of Sewage and Other Wastes from Boats (9VAC25-71). The state regulation includes applicable monitoring and reporting requirements, and entities are subject to federal enforcement actions for noncompliance. EPA has adopted additional requirements, effective October 2024, pursuant to the Vessel Incidental Discharge Act (VIDA) (40 CFR Part 139), which, when implemented by the United States Coast Guard (USCG), will limit the board's ability to adopt more stringent requirements.
State regulation prohibits the discharge of untreated sewage from vessels with installed toilets and marine sanitation devices and requires that sewage and other wastes from self-contained portable toilets or other containment devices be removed at pump-out facilities or treated at Virginia Department of Health-approved facilities. In addition, state regulation prohibits the discharge of "other wastes" from any vessel into state water and designates and sets requirements for No Discharge Zones (NDZs), including five established in regulation. The USCG, the Virginia Marine Police, and the Virginia Department of Wildlife Resources are the state enforcing authorities for Virginia's NDZs; however, any law-enforcement officer in Virginia has the authority to enforce an NDZ.
At the national level, EPA's VGP, which regulates incidental discharges from cruise ships and other vessels, remains enacted while EPA's superseding VIDA regulations are being developed for implementation in two years. For example, EPA sets effluent limits and analytical monitoring for discharge categories, including exhaust gas scrubber wastewater discharges, under the VGP for pollutants such as pH, polycyclic aromatic hydrocarbons, turbidity, oils, nitrates and nitrites, and metals. Additionally, EPA and the USCG regulate the discharge of sewage from vessels.
Furthermore, cruise ships are subject to national and international law and treaty, and changes to pollution controls are continually being pursued through those venues. EPA participates on the United States delegation to the International Maritime Organization (IMO), which is part of the United Nations. The Marine Environment Protection Committee is a group of member states within IMO that works on the prevention of marine pollution.
The board has limited ability to go beyond these existing national and international legal requirements apart from applying to EPA for additional NDZs for waters requiring greater environmental protection. The International Convention for the Prevention of Pollution from Ships and EPA's VGP, as well as the forthcoming VIDA regulations, preempt state laws and regulations, but provide for a state to apply for NDZs.
The federal Clean Water Act (33 USC § 1251 et seq.) and the State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) provide for a process to establish an NDZ if certain criteria are met. However, the State Water Control Law limits the board's authority to adopt regulations to establish NDZs unless "premised on the improvement of impaired tidal creeks" (§ 62.1-44.33 B of the Code of Virginia).
Agency Contact: William K. Norris, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 350-2743, or email william.norris@deq.virginia.gov.
VA.R. Doc. No. PFR25-11; Filed October 01, 2024, 3:44 p.m.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PSYCHOLOGY
Agency Decision
Title of Regulation: 18VAC125-20. Regulations Governing the Practice of Psychology.
Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Name of Petitioner: Tisha N. Juggins.
Nature of Petitioner's Request: The petitioner requests that the Board of Psychology amend 18VAC125-20-80 to eliminate the requirement to pass the national examination within two years immediately preceding application for licensure and to place the score of 400 in regulation as a passing score.
Agency Decision: Request denied.
Statement of Reason for Decision: At its meeting on December 3, 2024, the board voted to deny the petition. The board does not currently list a specific passing score in regulation and declined to add such a score to regulatory language given the difficulty of changing regulations. The board also expressed concerns related to the mobility of psychologists licensed in Virginia should a passing score of 400 be used or placed in regulation. The board additionally was not aware of any evidence on which to base a passing score of 400. The board did not know whether removing the requirement to take the exam within two years of application would affect other portions of regulations or the application process in a negative way. Although the board denied the petition, the board recognized the concerns that led to the petition and will review the request at a future regulatory committee meeting to determine the bases for the existing passing score and the requirement to take the exam within two years. Should the regulatory committee determine that a regulatory change may be needed, it will recommend that action to the board.
Agency Contact: Jaime Hoyle, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.
VA.R. Doc. No. PFR24-42; Filed July 18, 2024, 9:59 a.m.