REGULATION: PERTAINING TO POUND NET SITING
VIRGINIA MARINE RESOURCES COMMISSION
"PERTAINING TO POUND NET SITING PUBLIC
REGULATION 4 VAC 20-25-10 ET SEQ.
This regulation establishes the procedures associated with a public
interest review of the licensing of pound nets at new locations.
This regulation is promulgated pursuant to the authority contained in
§28.2-201 of the Code of Virginia. The effective date of
this regulation is December 1, 2004.
4 VAC 20-25-10. PURPOSE.
The purpose of this chapter is to set forth the procedures, for public
notice and review of applications, to establish a pound net at a new
4 VAC 20-25-20. CONTENT AND
PUBLICATION OF PUBLIC NOTICE.
A. The owner of any pound net, making
application to the Commission to license that pound net at a new
location, shall advertise, in the form of a public notice, the proposed
new location of the pound net and the applicant's name and
address. The proposed location of the pound net shall be
described in terms of its latitude and longitude and its position
relative to the shoreline and landward properties, with reference to
the nearest onshore locality.
B. The public notice shall be approved by the Commissioner or his
designee and shall be advertised in a newspaper of general circulation,
in the area where the pound net is proposed. The applicant shall
assume the cost of publication of the public Notice.
C. It shall be the responsibility of the owner of any
pound net, making application to the Commission to license that pound
net at a new location, to provide the Commission with names and
addresses of all land owners and residents within 500 feet of the most
shoreward end of the proposed, new pound net location. Upon
receipt of this information, the Commission shall place a copy of the
public notice on the agency's website and shall inform, in writing, all
land owners and residents, within 500 feet of the proposed, new pound
net location, of the public notice.
4 VAC 20-25-30. PUBLIC COMMENT
AND COMMISSION REVIEW.
A. A public comment period shall extend
for 30 days, from the date of advertisement of the public notice.
During the comment period any interested citizen may offer written
comment to the Commission.
B. The receipt, by the Commissioner, of any protest during the public
comment period shall cause the application for a new pound net location
to be placed on the next available agenda of the Commission, for public
hearing and review by the Commission.
C. In considering the licensing of a pound net at a new location, the
Commission shall be guided in its deliberation by the provisions of
Article XI, Section I of the Constitution of Virginia and the public
trust doctrine, as defined by the common law of the Commonwealth
adopted pursuant to § 1-10. The Commission shall also
consider the effects of placement of the pound net at the new location
on the following:
1. Other reasonable and permissible
uses of the state waters;
2. Marine and fishery resources of the Commonwealth;
3. Tidal wetlands;
4. Adjacent or nearby properties;
5. Water Quality; and
6. Submerged aquatic vegetation
D. Following the public hearing, the Commission may issue the pound net
license for the new location, deny the license, or issue a license for
a modified location.
4 VAC 20-25-40. PENALTY.
As set forth in §28.2-903 of the Code of Virginia, any person
violating any provisions of this chapter shall be guilty of a Class 3
misdemeanor, and a second or subsequent violation of any provision of
this chapter committed by the same person within 12 months of a prior
violation is guilty of a Class 1 misdemeanor.
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