General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Fisheries and Habitat of the Tidal Waters


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Fisheries and Habitat of the Tidal Waters

Passed

P HB1504

Harvesting of oysters from private oyster beds. Allows Virginia Marine Resources Commission to grant a special exemption to allow harvesting of oysters from private oyster beds one hour, prior to sunrise from June 15 to September 1, with 24 hours notice. Currently, oysters may be harvested from sunrise to sunset, except on Sunday.
Patron - Pollard

P HB1661

Private piers. Establishes size specifications for the Virginia Marine Resources Commission private pier permit exemption. No permit will be required if (i) the piers do not extend beyond the navigation line or private pier lines established by the Commission or the United States Army Corps of Engineers, (ii) the piers do not exceed six feet in width, (iii) any L or T head construction at the end of a pier does not exceed 25 feet in length and six feet in width, and (iv) the piers are determined not to be a navigational hazard by the Commission.
Patron - Pollard

P HB2239

Haul seine nets. Changes the definition of a haul seine net. The current definition is ambiguous and has resulted in confusion in the proper setting and use of the gear. It has also forced haul seiners to work in shallow waters where submerged aquatic vegetation (SAV) beds are located. Changing the definition will allow the Virginia Marine Resources Commission to prepare a haul seine fishery management plan that recognizes a more appropriate use of the gear, which will minimize the impact of the net on the SAV beds.
Patron - Pollard

P SB786

Admittance, parking and use at Department-owned facilities; penalty. Allows the Department of Game and Inland Fisheries to establish admittance, parking, or other use fees at Department-owned facilities. Any daily fee established by regulation cannot exceed three dollars; any annual fee cannot exceed the cost of an annual state resident fishing or hunting lounge. Such fees will not be assessed for the use of Department-owned boat ramps. Anyone violating this section may be assessed a civil penalty of $50 by the Department, to be paid into the Game Protection Fund. Any person 16 years old or younger, or any person holding a valid hunting, trapping, or fishing permit, or a current certificate of boat registration issued by the Department does not have to pay these fees.
Patron - Deeds

P SB1186

State water safety zones and restricted areas; penalty. Allows the Virginia Marine Resources Commission after consultation with the U.S. Coast Guard and U.S. Corps of Engineers to establish, by regulation, state water safety zones or restricted areas in the tidal waters of the Commonwealth wherein public access shall be restricted or prohibited in the interest of public safety. Such zones or areas shall be consistent with federal law and become effective immediately upon establishment by the Commission. The regulations are exempted from the Administrative Process Act, and shall be enforced by the Virginia Marine Police. In times of official state or national emergency, the Governor is authorized to adjust the boundaries of safety zones or restricted areas by executive order. Violations of these regulations are Class 1 misdemeanors. This bill has an emergency clause.
Patron - Wagner

Failed

F HB1490

Fishing Class II guide license. Creates a fishing Class II guide license for owners of recreational headboats or charterboats, and includes fees and other requirements for obtaining such a license. An applicant for a Class II guide license must complete an apprenticeship program under a captain holding a Virginia guide license. An identical bill passed into law in 2002, except it contained a reenactment clause for the 2003 Session of the General Assembly in order for it to take effect.
Patron - Pollard

F HB2154

Virginia Department of Game and Marine Resources; established. Combines the Department of Game and Inland Fisheries and the Virginia Marine Resources Commission to form the Virginia Department of Game and Marine Resources. Existing regulations are to remain in effect until the new agency amends such regulations.
Patron - Hamilton

F SB917

License fees for commercial and recreational saltwater fisheries. Increases the annual license fees for: registering a commercial fisherman from $150 to $175; a saltwater recreational fishing license from $7.50 to $12.50; and registering a recreational boat used for saltwater recreational fishing from $30 to $50. This bill also raises the temporary license fee from $5 to $10.
Patron - Wampler

F SB961

Protection of certain female crabs; penalty. Makes it unlawful to catch, possess, or sell an egg-bearing female crab or a female crab from which the egg pouch, sponge, or bunion has been removed. This restriction only applies for 14 working days between July 1 and August 15 each year. Annually and at least 30 days prior to the first day of the crab harvesting season, the Virginia Marine Resources Commission shall determine by regulation the specific restriction days. Violations shall be punishable by a Class 4 misdemeanor.
Patron - Chichester

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Fisheries and Habitat of the Tidal Waters

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