General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Fisheries and Habitat of the Tidal Waters


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Fisheries and Habitat of the Tidal Waters

Passed

P HB2378

Wetlands board membership. Allows members of a local board that hears cases relating to the locally adopted Chesapeake Bay Preservation ordinance to also serve on a local wetlands board. Currently, there is a prohibition on members of the wetlands board holding a public office in the county or city. However, there is an exception that allows members of some bodies such as the local planning and zoning commissions, the local erosion commission, and the board of zoning appeals to also serve on the local wetlands board. This bill would add members of this locally established Chesapeake Bay Preservation ordinance board to the list of exceptions.
Patron - Rapp

P HB2452

Nonnative oysters. Authorizes the Commissioner of the Marine Resources Commission to allow the placement of nonnative Crassostrea ariakensis oysters on state-owned bottomlands. This bill requires that, 30 to 60 days before diploid or fertile C. ariakensis oysters are placed in state waters, the Commission is to hold at least one public hearing for the purpose of receiving data, views, and argument concerning the placement.
Patron - Suit

P HB2671

Jurisdiction of the Marine Resources Commission. Expands jurisdiction of the Marine Resources Commission to include all structures and improvements built or proposed by riparian property owners in the Potomac River appurtenant to the shore of the Commonwealth.
Patron - Plum

P HB2809

Menhaden management measures. Authorizes the Governor to issue a proclamation to implement measures to manage the menhaden fishery, if such measures are required by the Atlantic States Marine Fisheries Commission and the General Assembly is not in session to enact a statute to adopt such measures. Prior to issuing such a proclamation, the Governor, in consultation with the Secretary of Natural Resources and the Commissioner of the Virginia Marine Resources Commission, would have to determine whether the measures are (i) necessary for the conservation of the Atlantic menhaden fishery and (ii) in accordance with scientific, biological, and social data.
Patron - Louderback

P HB2815

License required for certain fishing gear. Requires a person fishing with a cast net, dip net, or using up to two eel pots to obtain a saltwater recreational fishing license. Currently, such a license is required if a fisherman uses a rod and reel or handline, or while spearing or gigging.
Patron - Oder

P HB2816

Fishing guide license. Allows the recreational fishing license issued to a headboat and charterboat owner to cover all the passengers on his boat. Under current law, nonpaying customers on a licensed headboat or charterboat have to possess an individual saltwater recreational license. The bill also allows a headboat or charterboat owner to obtain an individual saltwater recreational license at no charge when he is issued the license for his boat.
Patron - Oder

P SB1232

Patrol of security zones. Authorizes the Virginia Marine Resources Commission's Marine Patrol to patrol and enforce violations of federal security zones located in Virginia's tidal waters. This will enable the Marine Patrol to arrest a mariner for violation of an exclusionary zone, with the criminal case being forwarded to the U.S. Attorney for prosecution. Currently, the Marine Patrol has enforcement powers only in safety zones. This bill has an emergency clause.
Patron - Wagner

P SB1248

Coordination of review of water resources projects. Establishes a coordinated process to review water resources projects that require both a permit from the Virginia Marine Resources Commission and an individual Virginia Water Protection Permit from the Department of Environmental Quality. The joint review process will also involve the Virginia Institute of Marine Science, the Department of Game and Inland Fisheries, the Department of Health, the Department of Conservation and Recreation, the Department of Agriculture and Consumer Services, as well as other interested agencies. The bill also provides a preapplication review process to those applicants who request it. A panel would be established to provide information and guidance to the applicant on the potential natural resource impacts and regulatory implications of the applicant's proposed project.
Patron - Bolling

Failed

F HB1795

Fishing of menhaden. Provides that the Marine Resources Commission may adopt regulations governing the fishing of menhaden.
Patron - Suit

F HB2909

Disbursement of moneys from saltwater fishing funds. Allows disbursements from the Marine Fishing Improvement Fund and the Virginia Saltwater Recreational Fishing Development Fund to be used as funding for the procurement of equipment and supplies related to the enforcement of saltwater fishing and tidal habitat laws and regulations.
Patron - Gear

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