The Virginia Marine Resources Commission invites public comment on the
proposed amendments to the regulations listed below.
In accordance with §28.2-209 of the Code of Virginia, a public
hearing on the proposed amendments will be held at 12:00 Noon on
Tuesday, November 23, 2004 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, November 22, 2004. Copies
of the proposed amendments may be reviewed at the Commission Monday
through Friday, 8:15 a.m. to 5:00 p.m. and may be obtained by calling
the Commission at (757) 247-2248.
I. Regulation 4 VAC
20-920-10 et seq., "Pertaining to Landing Licenses"
The Commission invites public comment on whether it should allow
hardship exception requests to obtain a Summer Flounder Endorsement
License, for entry into the limited access, commercial, offshore summer
flounder fishery. Currently, a vessel is considered eligible for
this fishery, if the boat or vessel landed and sold at least 500 pounds
of summer flounder in at least one year during the period
1993-95. Under the proposed hardship exception request process, a
fisherman who provides an opinion and supporting documentation, from an
attending physician, to the Commissioner, of an existing medical
condition, proof of Active Military Service, documentation that
indicates substantial vessel damage or other significant extenuating
circumstances that prevented him from landing and selling 500 pounds of
summer flounder in at least one year during the period 1993-95 and can
provide documentation of having landed at least 500 pounds of summer
flounder during any one year of the 1990-1992 period may be authorized
for an exception to the requirements to be eligible for a Summer
Flounder Endorsement License.
II. Regulation 4 VAC
20-910-10 et seq., "Pertaining to Scup (Porgy)"
On October 26, 2004, the Marine Resources Commission adopted, under its
emergency regulatory authority (Section 28.2-210 of The Code of
Virginia), an amendment to the above regulation that increases the
commercial harvest and possession limit, from 2,000 pounds to 3,500
pounds of scup, for the Winter II period (November 1 through December
31).
The provisions of the emergency amendment to this regulation are
effective on November 1, and the Commission proposes to make this
amendment a permanent part of Regulation 4 VAC 20-910-10 et seq., at
its November 23, 2004 meeting.
III. Regulation 4 VAC 20-25-10 et
seq., "Pertaining to Pound Net Siting Public Interest Review"
The Commission proposes to establish procedures associated with a
public interest review, for the licensing of pound nets at new
locations. The proposed regulation requires the owner of any
pound net, making application to set his net at a new location, to
advertise the proposed location in a newspaper of general circulation
in the area where the net is proposed. The cost of the
publication shall be borne by the applicant. The Commission will
place a notice of the new location on the agency's web site and will
inform all property owners within 500 feet of the new location.
A public comment period will extend for 30 days, from the date of
advertisement. Receipt of any protest by the Commissioner during
the comment period shall cause the application to be placed on the next
available agenda of the Commission. The proposed regulation also
lists those factors that will guide the Commission in its decision to
grant or deny, or alter the location of the pound net.
IV. The Commission
invites public comment on the
re-issuance of a pound net license to Mr. Ernest L. George of White
Stone, Virginia, for a pound net currently located in the Rappahannock
River, 1/4 mile east of Windmill Point Marina Channel, at 37º 36'
46.5" N; 76º 17' 13.6" W. The issuance of a pound net license, for
2005, at the described location is protested by adjacent property
owners.
V. Regulation 4 VAC
20-720-10 et seq., "Pertaining to
Oyster Harvest Restrictions," and 4 VAC 20-650-10 et seq., "Pertaining
to Establishment of Oyster Management Areas."
The Commission proposes to open the following public grounds to
the harvest of oysters.