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.

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.

The Commission Board, following an evaluation of staff analysis and public comment, denied the petition for rulemaking.

There was consensus among staff, the petitioner, and public comment that additional scientific research is imperative to ascertain the ramifications of Atlantic menhaden fisheries removals on the Chesapeake Bay ecosystem.

The Commission issued a directive to staff, in consultation with the Menhaden Management Advisory Committee (MMAC) to undertake the following tasks:

1. Conduct a reassessment of the one-mile shoreline buffer, which entails the prohibition of menhaden purse seine fishery.
2. Examine the possibility of reducing the duration of days allocated for purse seine fishing activity within the Chesapeake Bay.