Public Notice:  Proposed Regulations, August 2020

NOTICE

The Virginia Marine Resources Commission invites public comment on proposed amendments to regulations, as shown below. By August 10, 2020 the proposed draft regulations may be viewed on the VMRC web calendar at https://mrc.virginia.gov/calendar.shtm.

In accordance with Section 28.2-209 of the Code of Virginia, a special public hearing by electronic communication means on the proposed amendments to these regulations will be held on Tuesday, August 25, 2020, at 9:30 AM. In consideration of Governor Northam�s Executive Orders and public safety, the public may only participate in this meeting via video/audio conference. All persons interested in commenting are highly encouraged to submit written comments prior to the meeting. The Virginia Marine Resources Commission may meet by electronic communication means without a quorum of the public body or any member of the governing board physically assembled at one location as the Governor has declared a state of emergency in accordance with � 44-146.17.

Public comments on the proposal should be provided to Patrick Geer, VMRC Fisheries Management Division, 380 Fenwick Road, Bldg. 96, Fort Monroe, Virginia 23651, by 12:00 p.m., Thursday, August 20, 2020. Those requesting to provide public comment on items not on the agenda, or provide written comment on any of the public hearings must send an email to fisheries@mrc.virginia.gov with the subject heading "Commission Comments" by 12 p.m. on August 24, 2020.

Further instructions for electronic meeting participation, public call-in information, and the meeting web link will also be provided at https://mrc.virginia.gov/calendar.shtm. in advance of the electronic meeting.

The Commission may review Fisheries Management Division items as early as 9:30 a.m.


I. Chapter 4 VAC 20-540-10 et seq., "Pertaining to Spanish and King Mackerel"

On July 28, 2020, the Virginia Marine Resources Commission adopted, under its emergency regulatory authority (Section 28.2-210 of the Code of Virginia), amendments to Chapter 4 VAC 20-540-10 et seq., "Pertaining to Spanish and King Mackerel" that establishes a 500 pound daily per vessel bycatch provision in state waters for the Spanish mackerel commercial fishery to coincide with any federal waters closure announced by the National Marine Fisheries Service.

These emergency amendments are proposed as a permanent part of regulation. The purpose of these amendments are to allow the state to participate in management policies of the Interstate Fishery Management Plan related to Spanish mackerel.

II. Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder" and Chapter 4 VAC 20-920-10 et seq., "Pertaining to Landing Licenses"

The Commission proposes to incorporate sections 40 and 45 of Chapter 4 VAC 20-920-10 et seq., "Pertaining to Landing Licenses," into Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," while removing the tonnage requirement as it relates to baseline vessels for transfers per the NOAA final rule on the Omnibus Amendment to the Fishery Management Plans of the Northeastern United States. Secondly, to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to establish the fall 2020 commercial offshore summer flounder fishery management measures. Thirdly, the Commission proposes to repeal Chapter 4 VAC 20-920-40 and 4 VAC 20-920-45.

The purpose of this amendment is to promote efficient utilization and economic stability for this resource.

III. Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest" and Chapter 4 VAC 20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting"

The Commission proposes to amend Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest" and Chapter 4 VAC 20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting" to establish the 2020-2021 areas of public harvest, public oyster harvest seasons, oyster resource conservation measures, and mandatory harvest reporting procedures for oysters.

In accordance with Section 28.2-203 of the Code of Virginia, the purpose of these amendments is to manage the Virginia public oyster fishery for sustainable harvest and to prevent overfishing.


VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS BECAUSE OF A DISABILITY, PLEASE ADVISE ELLEN BOLEN, DEPUTY COMMISSIONER (757-247-2269) NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.


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