4VAC20-1260 Pertaining to River Herring

REGULATIONS

Vol. 28 Iss. 16 - April 09, 2012

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Chapter 1260

Final Regulation

REGISTRAR'S NOTICE: The following regulation filed by the Marine Resources Commission is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-1260. Pertaining to River Herring (amending 4VAC20-1260-20, 4VAC20-1260-30).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: March 29, 2012.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone [phone], FAX [phone], or email [e-mail].

Summary:

The amendments clarify that it is unlawful for any person to (i) catch and retain possession of any river herring from Virginia Tidal waters or (ii) possess any river herring aboard a vessel. The amendments require that any imported river herring or by-product be accompanied by a bill of lading or commercial invoice with the seller's name, date of sale, and weight in pounds of river herring product.

4VAC20-1260-20. Definition.

The following term terms when used in this chapter shall have the following meaning meanings unless the context clearly indicates otherwise:

"Land" or "landing" means to (i) enter port with finfish, shellfish, crustaceans, or other marine seafood on board any boat or vessel; (ii) begin offloading finfish, shellfish, crustaceans, or other marine seafood; or (iii) offload finfish, shellfish, crustaceans, or other marine seafood.

"River herring" means any fish of the species Alosa aestivalis or Alosa pseudoharengus.

4VAC20-1260-30. Moratorium.

A. It shall be unlawful for any person to possess catch and retain possession of any river herring in the Commonwealth of Virginia from Virginia tidal waters.

B. It shall be unlawful for any person to possess aboard a vessel on Virginia tidal waters or to land in Virginia any river herring.

C. Any river herring or its byproduct imported into Virginia from another state or country shall be accompanied by a bill of lading or commercial invoice that shall include the name of the seller, the date of sale, and the pounds of river herring product.

VA.R. Doc. No. R12-3151; Filed March 29, 2012, 12:34 p.m.