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Public Notice: PERTAINING TO THE CONCH-POT FISHERY

NOTICE

The Virginia Marine Resources Commission invites public comment on proposed amendments to Regulation 4 VAC 20-890-10 ET SEQ., "Pertaining to Channeled Whelk".

Purpose: The purpose of the proposed amendments to 4 VAC 20-890-10 et seq., listed below as part of Emergency Regulation 4 VAC 20-891-10 et seq., is to conserve Virginia channeled whelk stocks and minimize the potential for overfishing channeled whelk.

In accordance with 28.2-209 of the Code of Virginia, a public hearing on the adoption of the proposed amendments will be held at 12:00 noon on Tuesday, January 25, 2000, at the Virginia Marine Resources Commission, 2600 Washington Avenue, Newport News, Virginia. Written comments on the proposals should be mailed to: Jack Travelstead, VMRC Fisheries Management Division, P. O. Box 756, Newport News, VA 23607. A copy of the proposed regulation may be reviewed at the Commission during Monday through Friday, 8:15 a.m. to 5:00 P.M. Persons interested in obtaining a copy of the proposed regulation may call the Commission at (757) 247-2248.

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EMERGENCY REGULATION 4 VAC 20-891-10 ET SEQ., "PERTAINING TO THE CONCH-POT FISHERY"

PREAMBLE

This emergency chapter specifies harvest areas for the limited entry conch-pot fishery for channeled whelk in Virginia tidal waters. Its provisions are designed to provide for a viable commercial fishery, while minimizing the potential for overfishing the channeled whelk stock in Virginia. This emergency chapter is promulgated pursuant to authority contained in 28.2-201 and 28.2-210 of the Code of Virginia. The effective date of this emergency regulation is January 1, 2000.

4 VAC 20-891-10. PURPOSE.

The purpose of this chapter is to conserve Virginia channeled whelk stocks and minimize the potential for overfishing this channeled whelk stock.

4 VAC 20-891-20. PROHIBITIONS.

It shall be unlawful for any person licensed under the provisions of 4 VAC 20-890-25A as a commercial conch-pot fisherman to do any of the following unless otherwise specified:

A. Place, set or fish any conch pot in Virginia waters, other than the mainstem of Chesapeake Bay or in the Territorial Sea (up to the 3-Mile Limit Line).

B. Place, set or fish any conch pot within any channel.

C. Fail to inscribe each conch-pot buoy with the letter "W," followed by the last 4 numbers of the licensee's Commercial Registration License.

4 VAC 20-891-30. PENALTY.

As set forth in 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this regulation committed by the same person within twelve months of a prior violation is a Class 1 misdemeanor.

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This is to certify that the foregoing is a true and accurate copy of the regulation passed by the Marine Resources Commission, pursuant to authority vested in the Commission by 28.2-201 and 28.2-210 of the Code of Virginia, duly advertised according to statute, and recorded in the Commission's minute book, at meeting held in Newport News, Virginia on December 21, 1999.

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VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES. IF YOU ARE IN NEED OF A REASONABLE ACCOMMODATION DUE TO A DISABILITY, PLEASE ADVISE DEBORAH CAWTHON (757) 247-2248 NO LESS THAN FIVE WORK DAYS PRIOR TO THE MEETING TIME AND IDENTIFY YOUR NEED.

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