|Introduced in House||Passed House||Introduced in Senate||Passed Senate||Became Law|
Menhaden; management of the fishery.
Requires the Virginia Marine Resources Commission to adopt regulations necessary to manage Atlantic menhaden, including those necessary to comply with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Menhaden. The bill repeals several Code sections relating to quotas, allocation of allowable landings, and administrative procedures that will be included in a regulatory framework for managing the fishery.
Be it enacted by the General Assembly of Virginia:
� 2.2-4002. Exemptions from chapter generally.
A. Although required to comply with � 2.2-4103 of the Virginia Register Act (� 2.2-4100 et seq.), the following agencies shall be exempted from the provisions of this chapter, except to the extent that they are specifically made subject to �� 2.2-4024, 2.2-4030, and 2.2-4031:
1. The General Assembly.
2. Courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.
3. The Department of Game and Inland Fisheries in promulgating regulations regarding the management of wildlife and for all case decisions rendered pursuant to any provisions of Chapters 2 (� 29.1-200 et seq.), 3 (� 29.1-300 et seq.), 4 (� 29.1-400 et seq.), 5 (� 29.1-500 et seq.), and 7 (� 29.1-700 et seq.) of Title 29.1.
4. The Virginia Housing Development Authority.
5. Municipal corporations, counties, and all local, regional or multijurisdictional authorities created under this Code, including those with federal authorities.
6. Educational institutions operated by the Commonwealth, provided that, with respect to � 2.2-4031, such educational institutions shall be exempt from the publication requirements only with respect to regulations that pertain to (i) their academic affairs, (ii) the selection, tenure, promotion and disciplining of faculty and employees, (iii) the selection of students, and (iv) rules of conduct and disciplining of students.
7. The Milk Commission in promulgating regulations regarding (i) producers licenses and bases, (ii) classification and allocation of milk, computation of sales and shrinkage, and (iii) class prices for producers milk, time and method of payment, butterfat testing and differential.
8. The Virginia Resources Authority.
9. Agencies expressly exempted by any other provision of this Code.
10. The Department of General Services in promulgating standards for the inspection of buildings for asbestos pursuant to � 2.2-1164.
11. The State Council of Higher Education for Virginia, in developing, issuing, and revising guidelines pursuant to � 23.1-207.
13. The Commissioner of Agriculture and Consumer Services and the Board of Agriculture and Consumer Services in promulgating regulations pursuant to subsections B and D of � 3.2-3601, subsection B of � 3.2-3701, � 3.2-4002, subsections B and D of � 3.2-4801, �� 3.2-5121 and 3.2-5206, and subsection A of � 3.2-5406.
14. The Board of Optometry when specifying therapeutic pharmaceutical agents, treatment guidelines, and diseases and abnormal conditions of the human eye and its adnexa for TPA-certification of optometrists pursuant to Article 5 (� 54.1-3222 et seq.) of Chapter 32 of Title 54.1.
15. The Commissioner of the Department of Veterans Services in adopting regulations pursuant to � 2.2-2001.3.
16. The State Board of Education, in developing, issuing, and revising guidelines pursuant to � 22.1-203.2.
17. The Virginia Racing Commission, (i) when acting by and through its duly appointed stewards or in matters related to any specific race meeting or (ii) in promulgating technical rules regulating actual live horse racing at race meetings licensed by the Commission.
18. The Virginia Small Business Financing Authority.
19. The Virginia Economic Development Partnership Authority.
20. The Board of Agriculture and Consumer Services in adopting, amending or repealing regulations pursuant to subsection A (ii) of � 59.1-156.
21. The Insurance Continuing Education Board pursuant to � 38.2-1867.
22. The Board of Health in promulgating the list of diseases that shall be reported to the Department of Health pursuant to � 32.1-35 and in adopting, amending or repealing regulations pursuant to subsection C of � 35.1-14 that incorporate the Food and Drug Administrations Food Code pertaining to restaurants or food service.
The Commissioner of the Marine Resources Commission in
setting a date of closure for the Chesapeake Bay purse seine fishery for
Atlantic menhaden for reduction purposes pursuant to � 28.2-1000.2. 24. The Board of Pharmacy when specifying special
subject requirements for continuing education for pharmacists pursuant to �
54.1-3314.1. 26. 25. The Virginia Department of Criminal
Justice Services when developing, issuing, or revising any training standards
established by the Criminal Justice Services Board under � 9.1-102, provided
such actions are authorized by the Governor in the interest of public safety.
B. Agency action relating to the following subjects shall be exempted from the provisions of this chapter:
1. Money or damage claims against the Commonwealth or agencies thereof.
2. The award or denial of state contracts, as well as decisions regarding compliance therewith.
3. The location, design, specifications or construction of public buildings or other facilities.
4. Grants of state or federal funds or property.
5. The chartering of corporations.
6. Customary military, militia, naval or police functions.
7. The selection, tenure, dismissal, direction or control of any officer or employee of an agency of the Commonwealth.
8. The conduct of elections or eligibility to vote.
9. Inmates of prisons or other such facilities or parolees therefrom.
10. The custody of persons in, or sought to be placed in, mental health facilities or penal or other state institutions as well as the treatment, supervision, or discharge of such persons.
11. Traffic signs, markers or control devices.
12. Instructions for application or renewal of a license, certificate, or registration required by law.
13. Content of, or rules for the conduct of, any examination required by law.
14. The administration of pools authorized by Chapter 47 (� 2.2-4700 et seq.).
15. Any rules for the conduct of specific lottery games, so long as such rules are not inconsistent with duly adopted regulations of the Virginia Lottery Board, and provided that such regulations are published and posted.
16. Orders condemning or closing any shellfish, finfish, or crustacea growing area and the shellfish, finfish or crustacea located thereon pursuant to Article 2 (� 28.2-803 et seq.) of Chapter 8 of Title 28.2.
17. Any operating procedures for review of child deaths developed by the State Child Fatality Review Team pursuant to � 32.1-283.1, any operating procedures for review of adult deaths developed by the Adult Fatality Review Team pursuant to � 32.1-283.5, and any operating procedures for review of adult deaths developed by the Maternal Mortality Review Team pursuant to � 32.1-283.8.
18. The regulations for the implementation of the Health Practitioners Monitoring Program and the activities of the Health Practitioners Monitoring Program Committee pursuant to Chapter 25.1 (� 54.1-2515 et seq.) of Title 54.1.
19. The process of reviewing and ranking grant applications submitted to the Commonwealth Neurotrauma Initiative Advisory Board pursuant to Article 12 (� 51.5-178 et seq.) of Chapter 14 of Title 51.5.
20. Loans from the Small Business Environmental Compliance Assistance Fund pursuant to Article 4 (� 10.1-1197.1 et seq.) of Chapter 11.1 of Title 10.1.
21. The Virginia Breeders Fund created pursuant to � 59.1-372.
22. The types of pari-mutuel wagering pools available for live or simulcast horse racing.
23. The administration of medication or other substances foreign to the natural horse.
24. Any rules adopted by the Charitable Gaming Board for the approval and conduct of game variations for the conduct of raffles, bingo, network bingo, and instant bingo games, provided that such rules are (i) consistent with Article 1.1:1 (� 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 and (ii) published and posted.
C. Minor changes to regulations published in the Virginia Administrative Code under the Virginia Register Act (� 2.2-4100 et seq.), made by the Virginia Code Commission pursuant to � 30-150, shall be exempt from the provisions of this chapter.
� 2.2-4103. Agencies to file regulations with Registrar; other duties; failure to file.
It shall be the duty of every agency to have on file with the Registrar the full text of all of its currently operative regulations, together with the dates of adoption, revision, publication, or amendment thereof and such additional information requested by the Commission or the Registrar for the purpose of publishing the Virginia Register of Regulations and the Virginia Administrative Code. Thereafter, coincidentally with the issuance thereof, each agency shall from day to day so file, date, and supplement all new regulations and amendments, repeals, or additions to its previously filed regulations. The filed regulations shall (i) indicate the laws they implement or carry out, (ii) designate any prior regulations repealed, modified, or supplemented, (iii) state any special effective or terminal dates, and (iv) be accompanied by a statement or certification, either in original or electronic form, that the regulations are full, true, and correctly dated. No regulation or amendment or repeal thereof shall be effective until filed with the Registrar.
Orders condemning or closing any shellfish, finfish or crustacea growing area and the shellfish, finfish or crustacea located thereon pursuant to Article 2 (� 28.2-803 et seq.) of Chapter 8, of Title 28.2, which are exempt from the requirements of the Administrative Process Act (� 2.2-4000 et seq.) as provided in subsection B of � 2.2-4002, shall be effective on the date specified by the promulgating agency. Such orders shall continue to be filed with the Registrar either before or after their effective dates in order to satisfy the need for public availability of information respecting the regulations of state agencies.
An order setting a date of closure for the Chesapeake Bay
purse seine fishery for Atlantic menhaden for reduction purposes pursuant to �
28.2-1000.2, which is exempt from the requirements of the Administrative
Process Act as provided by subsection A of � 2.2-4002, shall be effective on
the date specified. Such orders shall be filed with the Registrar for prompt
In addition, each agency shall itself
maintain a complete list of all of its currently operative regulations for public
consultation, (ii) (b) make available to public inspection a
complete file of the full texts of all such regulations, and (iii)
(c) allow public copying thereof or make copies available either without
charge, at cost, or on payment of a reasonable fee. Each agency shall also
maintain as a public record a complete file of its regulations that have been
superseded on and after June 1, 1975.
Where regulations adopt textual matter by reference to
publications other than the Federal Register or Code of Federal Regulations,
the agency shall
(i) (1) file with the Registrar copies of the
referenced publications, (ii) (2) state on the face of or as
notations to regulations making such adoptions by reference the places where
copies of the referred publications may be procured, and (iii) (3)
make copies of such referred publications available for public inspection and
copying along with its other regulations.
Unless he finds that there are special circumstances requiring otherwise, the Governor, in addition to the exercise of his authority to see that the laws are faithfully executed, may, until compliance with this chapter is achieved, withhold the payment of compensation or expenses of any officer or employee of any agency in whole or part whenever the Commission certifies to him that the agency has failed to comply with this section or this chapter in stated respects, to respond promptly to the requests of the Registrar, or to comply with the regulations of the Commission.
� 28.2-201. Authority of Commission to make regulations, establish licenses, and prepare fishery management plans; accept federal grants; enforcement; penalty for violation of regulation.
The Commission may:
Promulgate Adopt regulations, including those
for taking seafood, necessary to promote the general welfare of the seafood
industry and to conserve and promote the seafood and marine resources of the
Commonwealth. The Commission may also promulgate adopt
regulations necessary for the conservation and reasonable use of surf clams.
2. Establish new licenses and fees commensurate with other licenses in an amount not to exceed $100 for any device used for taking or catching seafood in the tidal waters of the Commonwealth when the device (i) is not otherwise licensed in this title and (ii) is used for commercial purposes. The Commission may specify, when issuing such licenses, any restrictions or control over the devices or the persons operating the device.
3. Establish fees for permits required for delayed or limited entry fisheries, shellfish relaying, scientific collections, and for the administrative transfer of these permits among fisherman, where applicable.
4. Beginning July 1, 2004, and not more frequently than every
three years thereafter, increase fees for tidal fisheries licenses and permits
that are authorized under this title or by regulation
adopted pursuant to Article 2 (� 28.2-209 et seq.) of this chapter.
Any fee increase for such licenses and permits shall be capped at $5 or a
percentage equal to the increase in the Consumer Price Index calculated from
the time the fee was last set or adjusted, whichever is greater. Beginning July
1, 2004, any amounts generated from the increases in commercial fishing
licenses and permits shall be paid into the Marine Fishing Improvement Fund for
the purposes authorized by � 28.2-208, and any amounts generated from the
increases in recreational fishing licenses shall be paid into the Virginia
Saltwater Recreational Fishing Development Fund for the purposes authorized by
� 28.2-302.3. The Commission may charge nonresidents a higher fee than
residents for purchase of any of the fishing licenses issued pursuant to ��
28.2-302.2, 28.2-302.2:1, 28.2-302.6, 28.2-302.7, 28.2-302.8, 28.2-302.10, and
28.2-302.10:1. The fee charged to a nonresident shall be no greater than twice
the Virginia resident fee. The Commission may prohibit the sale of the private
boat license established by � 28.2-302.7 to a nonresident whose boat is not
registered in Virginia.
5. The Commission shall ensure that increases in licenses and fees are equitably distributed among resource user groups.
6. Prepare fishery management plans containing evaluations of regulatory management options, based upon scientific, economic, biological, and sociological information, and use them in the development of regulations. The Commissioner may appoint a fisheries advisory committee and its chairman, consisting of representatives of the various fishery user groups, to assist in the preparation and implementation of the fishery management plans. The Commission may expend funds to compensate the members of the committee pursuant to � 2.2-2825.
7. Provide for enforcement of any regulation governing surf clams by any law-enforcement officer of any agency of the Commonwealth or its political subdivisions or by any law-enforcement officer of any agency of the federal government. Enforcement agreements with other agencies or political subdivisions shall be stated in the regulation.
8. The Commonwealth hereby assents to the provisions of the
Federal Aid in Sport Fish Restoration Act of August 9, 1950 (16 U.S.C. ��
777-777k), as amended. The Commission is authorized to perform all such acts as
may be necessary for the establishment and implementation of cooperative fish
restoration and management projects as defined by these federal statutes and
the implementing regulations
promulgated adopted thereunder.
Notwithstanding any provision of Chapter 4 (� 28.2-400 et seq.), the Commission shall have the exclusive authority to manage Atlantic menhaden and shall adopt regulations necessary for its management, including those necessary to comply with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Menhaden. The Commission shall only adopt regulations for the management of menhaden between October 1 and December 31 unless regulatory action is necessary to address an emergency situation pursuant to � 28.2-210 or to ensure compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Menhaden. Any regulation for the management of Atlantic menhaden shall be subject to judicial review in accordance with the provisions of � 28.2-215.
3. That the Commissioner of Marine Resources (the Commissioner) shall establish a Menhaden Management Advisory Committee (the Committee) to provide guidance to the Marine Resources Commission on the sustainable management of the menhaden resource and harvest of the bait and reduction fisheries in the waters of the Commonwealth, including the Chesapeake Bay. The Committee shall consist of not more than 12 nonlegislative citizen members who shall be residents of the Commonwealth with knowledge of the menhaden resource, to be appointed by the Commissioner, including one representative of the menhaden reduction fishery, one representative of the menhaden bait fishery, one representative of a labor organization involved in the menhaden fishery, one recreational angler, one member of a Virginia-based conservation organization, one representative of the sportfishing industry, and the Virginia appointee to the Atlantic Menhaden Technical Committee of the Atlantic States Marine Fisheries Commission.
4. That an emergency exists and this act is in force from its passage.
|01/27/2020||Senate||Senate: Assigned ACNR sub: Menhaden|
|01/08/2020||Senate||Senate: Prefiled and ordered printed; offered 01/08/20 20102893D|
|01/08/2020||Senate||Senate: Referred to Committee on Agriculture, Conservation and Natural Resources|