4VAC20-1270 Pertaining to Atlantic Menhaden

REGULATIONS

Vol. 31 Iss. 23 - July 13, 2015

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Chapter 1270

Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption 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: 4VAC20-1270. Pertaining to Atlantic Menhaden (amending 4VAC20-1270-10, 4VAC20-1270-30, 4VAC20-1270-50).

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

Effective Date: July 1, 2015.

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

Summary:

The amendments (i) increase the nonpurse seine menhaden bait sector quota for all categories as well as the total allowable landings for menhaden and (ii) establish that an overage in any year shall be deducted from the subsequent year from the sector of the menhaden fishery that exceeded the allocation specified in 4VAC20-1270-30.

4VAC20-1270-10. Purpose.

The purpose of this chapter is to comply with the Interstate Fishery Management Plan for Atlantic menhaden, including the mandated 20% reduction in total allowable commercial landings of Atlantic menhaden from the average of the 2009 through 2011 landings.

4VAC20-1270-30. Total allowable landings for menhaden; allocation, accountability, and overages.

A. In accordance with Section 28.2-400.2 of the Code of Virginia establishes the total allowable commercial landings for menhaden in 2015 and 2016 in metric tons shall be equivalent to 318,067,167 349,873,884 pounds, and that total amount of allowable landings shall be allocated as quotas among three sectors of the menhaden fishery, as described below, pursuant to § 28.2-400.3 of the Code of Virginia. The purse seine menhaden reduction sector is allocated a quota of 286,396,768 315,036,445 pounds of allowable menhaden landings; the purse seine menhaden bait sector a 26,648,870 29,313,757 pound quota of allowable menhaden landings; and the nonpurse seine menhaden bait sector a 5,021,529 5,523,682 pound quota of allowable menhaden landings.

B. Any menhaden landings on and after January 1, 2013, count towards that particular sector's 2013 commercial quota.

C. Any overages of a sector's commercial quota shall be deducted from the following year's quota for that sector. B. If the total allowable landings specified in subsection A of this section are exceeded in any year, the total allowable landings for the subsequent year will be reduced by the amount of the overage. Such overage shall be deducted from the sector of the menhaden fishery that exceeded the allocation specified in subsection A of this section.

4VAC20-1270-50. Nonpurse seine menhaden bait sector quota; allocation and bycatch provisions.

A. The commercial nonpurse seine bait sector's allocation shall be by gear type as follows:

1. Cast net:	1,779 2,123 pounds.
2. Dredge:	2,829 3,376 pounds.
3. Fyke net:	1,950 2,326 pounds.
4. Gill net:	1,402,368 1,673,219 pounds.
5. Hook and line:	216 258 pounds.
6. Pot:	1,903 2,270 pounds.
7. Pound net:	3,145,673 3,753,222 pounds.
8. Seine:	18,534 22,113 pounds.
9. Trawl:	54,254 64,732 pounds.
10. Trot line:	36 43 pounds.

B. Pursuant to § 28.2-400.4 of the Code of Virginia, once the commissioner announces the date of closure for the nonpurse seine bait fishery, any person licensed in the nonpurse seine menhaden bait sector may possess and land up to 6,000 pounds of menhaden per day.

VA.R. Doc. No. R15-4421; Filed June 24, 2015, 11:15 a.m.