Publice Notice: Proposed Amendments of Various Regs for June 2006
The Virginia Marine Resources Commission invites public comment on the
proposed amendments to the regulation listed below.
In accordance with §28.2-209 of the Code of Virginia, a public
hearing on the proposed amendment will be held at 12:00 Noon on
Tuesday, June 27, 2006 at the Marine Resources Commission, 2600
Washington Avenue, Newport News, Virginia. Written comments on
the proposals should be mailed to Jack Travelstead, VMRC Fisheries
Management Division, 2600 Washington Avenue, 3rd Floor, Newport News,
Virginia 23607, by 5:00 p.m., Monday, June 26, 2006. Copies of
the proposed amendments may be reviewed, at the Commission, Monday
through Thursday (8:15 a.m. – 5:00 p.m.) and Friday (8:15 a.m. to
2:30 p.m.), and may be obtained by calling the Commission at (757)
247-2248.
Regulation 4 VAC 20-150-10 Et Seq., “Pertaining to the Dredging of Conchs (Also Known As Whelks)
On May 23, 2006 the Commission adopted Emergency amendments that:
1) allows the year-round harvest and possession of horseshoe crabs from
Area 2 (that area east of the Chesapeake Bay Bridge Tunnel that
includes the area known as the mouth or entrance to the Chesapeake Bay)
and Area 4 (that area bounded on the north by a line from buoy RN"36A"
at the town of Cape Charles and running NNW to Wolf Trap Light, bounded
on the west by a line drawn from Wolf Trap Light and running southerly
through buoys RN"2", C"1NP", RN"2", C"1MB", RN"8", at the York River
Entrance Channel; thence southeasterly bounded by the northern side of
said channel to buoy R"2"; thence southerly to buoy RW"HC"; thence
southwesterly to buoy G"11" at Thimble Shoal Channel; thence bounded on
the south by the south side of said channel until its intersection with
the Chesapeake Bay Bridge-Tunnel; thence bounded on the east by the
Chesapeake Bay Bridge-Tunnel and a line drawn from the terminus of the
Chesapeake Bay Bridge-Tunnel on Fishermans Island back to buoy RN"36A"
but remaining offshore of any and all fixed fishing devices).
Previous to this emergency amendment, the prohibition on the harvest
and possession of horseshoe crabs extended from April 1 through
September 30, for Area 2 and May 1 through September 30, for Area 4.
2) ) allows the year-round harvest and possession of horseshoe crabs
from Area 3 (that area bounded on the north by 36? 45' N Latitude,
bounded on the west by mean low water, bounded on the south by the
Virginia-North Carolina border, and bounded on the east by the Three
Nautical Mile Line) and Area Number 5 (this area is in two parts, with
the south part as that area in Virginia's portion of the Territorial
Sea between 36? 55' N Latitude and 36? 45' N Latitude excluding the
inshore one mile and the north part as that area between the
Virginia-Maryland line and Cape Charles Lighthouse and comprising
Virginia's portion of the Territorial Sea off of Accomack and
Northampton Counties).
Prior to this emergency amendment, it was
unlawful to harvest, take or possess horseshoe crabs, from May 1
through June 7 in Areas 3 or 5. The Commission proposes to make
these amendments a permanent part of Regulation 4 VAC 20-150-10 et
seq. The purpose of these amendments is to better utilize the
Virginia commercial horseshoe crab quota.
Regulation 4 VAC 20-900-10 Et Seq., “Pertaining to Horseshoe Crab”
The Commission proposes to establish a prohibition on the landing of
horseshoe crabs in Virginia from federal waters (EEZ), from January 1
through June 7, in any year; and a division of Virginia’s quota
(152,495 horseshoe crabs), such that not more than 40% may be harvested
east of the COLREGS Line, and these landings must be comprised, at a
minimum, of a male to female ratio of 2:1. These measures are
required by the Atlantic States Marine Fisheries Commission (ASMFC) and
must be implemented by Virginia to maintain compliance with this
Interstate Plan.
The Commission also proposes a recision of subsections 4 VAC 20-900-25
D and E that establish an 85% to 15% allocation between harvesters who
hold a valid Horseshoe Crab Endorsement License (HCEL) and harvesters
who only land by-catch of horseshoe crabs. This recision is
necessary because there are now two categories of HCELs, allowed
horseshoe crab by-catch recently was increased and the ASMFC mandates,
described above will drastically alter the traditional harvest and
landing characteristics of this fishery, such that an 85% to 15%
allocation scheme is untenable.
Regulation 4 VAC 20-252-10 Et Seq., “Pertaining to the Taking of Striped Bass”
The Commission proposes to provide an exemption to slot limit or season
requirements to recreational striped bass fishing tournaments, provided
the tournament meets the following criteria:
1) The tournament operates for a limited duration, with a maximum of 3
days; 2) The tournament format provides for the live release of
all fish; 3) The tournament director submits a written proposal to the
Commissioner detailing the measures the tournament will use to ensure
the survivability of fish entered in the tournament, to include
capture, handling and storage of fish by tournament entrants on the
water during the competition, by tournament officials at the
weigh-in, by tournament officials when transporting and returning the
fish to the water, and any penalties that will apply to entrants
bringing in or weighing dead fish. Such proposal must be
submitted no later than 120 days prior to the tournament, and the
proposal must be determined, by the Commissioner, to adequately
address potential mortality issues; 4) Tournament officials must
agree to provide any or all fish entered in the tournament to the
Marine Resources Commission, or to any designee of the Marine Resources
Commission, upon written request; 5) Tournament officials agree to
allow Marine Resources Commission staff access to all tournament areas
during the event, for the purposes of observation and assessment, upon
request; and, 6) Its approval does not jeopardize the status of the
striped bass stock or prove to be an issue of compliance with the
interstate fishery management plan.
*************************************************
VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE,
IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE
ADVISE DEBORAH CAWTHON (757) 247-2248 NO LATER THAN FIVE WORK DAYS PRIOR TO
THE MEETING DATE AND IDENTIFY YOUR NEEDS.