TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Initial Agency Notice
Title of Regulation: 4VAC20-270. Pertaining to Blue Crab Fishery.
Statutory Authority: § 28.2-201 of the Code of Virginia.
Names of Petitioners: 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 by-catch 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 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: March 31, 2025.
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. PFR25-31; Filed February 18, 2025, 8:06 a.m.