NOTICE
The Virginia Marine Resources Commission invites public comment on the proposed amendment 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, December 19, 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, December 18, 2006. 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 20-1090-10
et seq., “Pertaining to Licensing Requirements and License
Fees;” and Regulation 4 VAC 20-610-10 et seq., “Pertaining
to Commercial Fishing and Mandatory Harvest Reporting”
The Commission proposes to establish a clam aquaculture license and an
oyster aquaculture license, in order to: 1) better monitor production
on private leased ground through the mandatory reporting system; and,
2) provide funds for the promotion of aquaculture products. The
license fee would be $10.00, for each license. The person or firm
that is responsible for the planting, propagating, taking or harvesting
of oysters or clams on or from the private shellfish growing ground or
in the aquaculture operation shall be required to have the license and
report, in accordance with the provisions of Regulation 4 VAC 20-610-10
et seq. Employees of aquaculture operations that are responsible
for maintenance and daily operations would not be required to obtain an
aquaculture license.
II. Regulation 4 VAC 20-200-10
et seq., “Pertaining to the Requirements for Reporting Oyster
Transactions and Payment of Taxes”
The amendments are in response to a recent change (July 1, 2006) in the
Code of Virginia, concerning the oyster inspection and replenishment
taxes and provide the guidelines for reporting harvested or imported
oysters and submitting the applicable taxes, whether replenishment tax
or inspection tax, to the Commission. Reports of oyster harvest
would be required of aquaculture operations, in addition to the current
requirements that apply to harvesters of oysters from public, private
or unassigned ground. A reporting schedule would be established,
in accordance with the provisions of 4 VAC 20-610-10 et seq.
The purpose of the amendments is to provide improved information on the
harvest of oysters, from all sectors, in order to better assess the
status of this resource.
II. Regulation 4 VAC 20-490-10 et seq., “Pertaining to Sharks”
On November 28, 2006, the Marine Resources Commission adopted, under
its emergency regulatory authority (Section 28.2-210 of The Code of
Virginia), amendments to the above regulation, concerning spiny
dogfish. The emergency amendment increases the daily vessel trip
limit of spiny dogfish, from 300 to 4000 pounds, and is in effect from
November 1, 2006 through April 30, 2007 or until such time the
Interstate quota has been announced as having been taken. This
emergency amendment was in response to recent actions, by the Atlantic
States Marine Fisheries Commission, that increased the fishing year
(May 1, 2006 – April 30, 2007) quota of spiny dogfish from
4,000,000 pounds to 6,000,000 pounds.
The provisions of the emergency amendment to this regulation are
effective on November 29, 2006, and the Commission proposes to make
this amendment a permanent part of Regulation 4 VAC 20-490-10 et seq.,
at its December 19, 2006 meeting.
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VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE BRANDY BATTLE (757) 247-2248 NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.