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Fisheries and Habitat of the Tidal Waters

P Passed

P HB48
Oyster grounds. Removes approximately 5.28 acres of bottomland located in the Eastern Branch of the Elizabeth River from the Baylor Survey. This bill is identical to SB 219.
Patron - Jones, J.C.

P HB419
Local wetlands boards. Allows members of wetlands boards in James City County (described by population) to serve on local boards created to implement the provisions of the Chesapeake Bay Preservation Act. The current statute permits a member of a wetlands board to also serve as the director of a soil or water and conservation board or as a member of a local planning or zoning commission, local erosion commission, or local board of zoning appeals.
Patron - Grayson

P HB667
Impact of piers on oyster and clam grounds. Allows the construction of non-commercial piers by riparian landowners. Those wishing to construct a private pier are to provide the Commissioner of Marine Resources with information regarding the proposed pier's size and location. The 12-month waiting period for encroachment on leased oyster or clam grounds by those wishing to build a wharf, channel or bulkhead is eliminated, if the Commissioner finds that commercially productive oyster or clam grounds will not be impacted. A permit would be required for constructing non-commercial, private piers of 100 feet or more in length that cross oyster or clam grounds. The Marine Resources Commission would have to issue such a permit, and is empowered to reasonably prescribe the design and location of the pier so as to minimize the pier's impact on (i) the oyster and clam grounds, or (ii) the harvesting or propagation of the oysters or clams on these grounds.
Patron - McDonnell

P HB1277
Free fishing days. Authorizes the Commissioner of the Marine Resources Commission to designate up to three free saltwater fishing days a calendar year and the Board of Game and Inland Fisheries to increase the current two free freshwater fishing days to three days a calendar year. This is emergency legislation. This bill is identical to SB 750.
Patron - Larrabee

P HB1305
Marine Habitat and Waterways Improvement Fund. Establishes the Fund, which is to be used for the purposes of improving marine habitat and waterways, including the removal of obstructions or hazardous property from state waters. The Fund will consist of fees, rents and royalties paid, on and after July 1, 2000, for the use or lease of or easements in state-owned bottomlands, and penalties and civil charges for violating permits and regulations regarding state-owned bottomlands. The fees, rents and royalties are currently paid into the Public Oyster Rocks Replenishment Fund, and the penalties, in the discretion of the court assessing them, are paid into local treasuries to be used for repairing damage to bottomlands. The bill also allows commercial facilities engaged in the primary business of ship construction and repair to elect to pay a one-time permit fee of up to $5,000 in lieu of other royalties.
Patron - Bloxom

P SB219
Oyster grounds. Removes approximately 5.28 acres of bottomland located in the Eastern Branch of the Elizabeth River from the Baylor Survey. This bill is identical to HB 48.
Patron - Schrock

P SB750
Free fishing days. Authorizes the Commissioner of the Marine Resources Commission to designate up to three free saltwater fishing days a calendar year and the Board of Game and Inland Fisheries to increase the current two free freshwater fishing days to three days a calendar year. This bill is identical to HB 1277.
Patron - Rerras

F Failed

F SB501
Commission membership. Increases the number of members of the Virginia Marine Resources Commission from nine to 11. The new members will be persons who are trained and experienced in fisheries management, one of whom is required to be a scientist and the other is to be a marine biologist.
Patron - Ticer

C Carried Over

C SB621
Female crabs; penalties. Makes it unlawful to catch, hold, possess, offer for sale, sell, offer to purchase or purchase an egg-bearing female crab or a female crab from which the egg pouch or sponge has been removed. A first-time offender would be guilty of a Class 4 misdemeanor. A second violation is a Class 3 misdemeanor and will result in the loss of a commercial fisherman's registration for 10 days. A third or subsequent violation is a Class 2 misdemeanor, and the violator would have his registration suspended for 30 days. A fisherman is exempt from any violation, if he returns the crabs to the water while they are alive and if he does not have more than two percent of his crab catch in the berry state. The bill has a July 1, 2002, sunset date.
Patron - Barry


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