12/21/2023 4:44 pm
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
X
Initial Agency Notice
Agency Decision
Promulgating Board: Marine Resources Commission
Regulatory Coordinator: Jennifer Farmer

(757)247-2248

jennifer.farmer@mrc.virginia.gov
Agency Contact: Jennifer Farmer

Regulatory Coordinator

(757)247-2248

jennifer.farmer@mrc.virginia.gov
Contact Address: Marine Resources Commission

380 Fenwick Road

Building 96

Fort Monroe, VA 23651
Chapter Affected:
vac 20 - 1270: Pertaining to Atlantic Menhaden
Statutory Authority: State:

Federal:
Date Petition Received 12/21/2023
Petitioner Chesapeake Legal Alliance (David Reed) and Southern Maryland Recreational Fishing Organization
 Petitioner's Request
A petition for rulemaking has been requested by the petitioners for the following: 1. Enact a moratorium in the Bay: Set a precautionary moratorium on purse seine landings by the menhaden reduction fleet within the Chesapeake Bay.2. Require no less than 40% of harvest from federal waters: Set a limit of no more than 60% of current purse seine menhaden landings within Virginia waters (approximately 94,000 metric tons).3. Codify a 1-mile shoreline buffer: Establish a permanent 1-nautical mile shoreline buffer along Virginia's shoreline prohibiting the use of menhaden purse seines.4. Fund and implement a menhaden population study: Implement and enhance the Atlantic Menhaden Research proposal to investigate localized depletion and its impacts on the Bay (VIMS, October 1, 2023).5. Establish proper industry oversight: Require increased vessel and landings monitoring and reporting to ensure compliance and reduce bycatch and impacts on Bay habitats.
 Agency Plan
The Virginia Marine Resources Commission is submitting notice of the petition for publication in the Virginia Register of Regulations and announcing a public comment period. Following receipt of comments on the petition, the Commission will review the petition.
Publication Date 01/15/2024  (comment period will also begin on this date)
Comment End Date 02/05/2024