Good Information Menhaden what made it out of committee
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  1. #1
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    Default Menhaden what made it out of committee

    HB1448 was combined with HB448 and was approved by a vote of 15 to 7.

    YEAS--Plum, Gooditis, Tyler, Bulova, Keam, Lopez, Tran, Helmer, Cole, J.G., Hudson, Simonds, Willett, Guy, Ware, Edmunds--15.

    NAYS--Marshall, Gilbert, Poindexter, Wilt, Webert, Ransone, Bloxom--7.

    http://lis.virginia.gov/cgi-bin/legp...201+bil+HB1448

    Here are the substantive changes.

    Add the following to 28.2-201. Authority of Commission to make regulations

    Notwithstanding any provision of Chapter 4 (§ 28.2-400 et seq.), the Commission shall have the exclusive authority to manage Atlantic menhaden and shall adopt regulations necessary for its management, including those necessary to comply with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Menhaden. The Commission shall only adopt regulations for the management of menhaden between October 1 and December 31 unless regulatory action is necessary to address an emergency situation pursuant to § 28.2-210 or to ensure compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Menhaden. Any regulation for the management of Atlantic menhaden shall be subject to judicial review in accordance with the provisions of § 28.2-215.

    {The interesting tidbit is that any regulation must be enacted between Oct 1 and Dec 31 so that if industry has a problem they can take it to the legislature before the season opens. It also means that VMRC can not enact any regulatory change after it is to late for the legislature to step in. One would assume that enacting all of the regulations this spring would be considered an emergency.}

    Made a minor wording change to add as "otherwise provided by regulation"

    § 28.2-410. Closed season for menhaden fishing; forbidden nets; penalty.
    Except as provided in § 28.2-409 or as otherwise provided by regulation, it is unlawful . . .

    >

    Repealed 28.2-400.2 through 28.2-400.6, 28.2-411, and 28.2-1000.2 of the Code of Virginia
    Here is a listing of titles.

    28.2-400.2 Total allowable landings for menhaden
    28.2-400.3 Allocation of the total allowable landings for menhaden
    28.2-400.4 Administration of the menhaden management program
    28.2-400.5 Reporting requirements
    28.2-400.6 Biological sampling program and adult abundance index
    28.2-411 Season for vessels of less than seventy gross tons; penalty
    28.2-1000.2 Annual closure of the Chesapeake Bay purse seine fishery for Atlantic menhaden

    Basically VMRC is going to have to write new regulations to cover all of that material.

    Advisory Committee
    VMRC will establish an advisory committee 8 of up to 12 members who are defined in bill as "nonlegislative citizens members who shall be residents of the Commonwealth with knowledge of the menhaden resource, to be appointed by the Commissioner, including one representative of the menhaden reduction fishery, one representative of the menhaden bait fishery, one representative of a labor organization involved in the menhaden fishery, one recreational angler, one member of a Virginia-based conservation organization, one representative of the sportfishing industry, and the Virginia appointee to the Atlantic Menhaden Technical Committee of the Atlantic States Marine Fisheries Commission."

    Lastly it would be emergency legislation which would go into effect when signed by the Governor which means that VMRC will have about 3 months to enact all of this.

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  3. #2
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    Tom, thanks for the update. Let's hope it is as good as it looks on the surface.

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    http://lis.virginia.gov/cgi-bin/legp...01+ful+SB791S1

    The Senate bill made it out of committee.

    But it seems to have left off the part about § 28.2-410.

    "Closed season for menhaden fishing; forbidden nets; penalty. Except as provided in § 28.2-409 or as otherwise provided by regulation, it is unlawful . . ."

    28.2-409 includes all of the closed areas like rivers, 28.2-410 spells out the seasons.

    Unlike the house bill, this would mean that VMRC can not touch closed seasons or areas if this bill were to pass.

    That does not sound like VMRC has the authority to manage the fishery very well.

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  6. #4
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    Negotiations are underway to have the wording mirror HB1448 prior to the full Senate Floor vote next week.

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    http://www.asmfc.org/uploads/file/5e...a7f6ZB-SAZNUJw

    - - - Updated - - -

    Quote Originally Posted by Catch This View Post
    Negotiations are underway to have the wording mirror HB1448 prior to the full Senate Floor vote next week.
    Any news on that?

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    SB 791 Was passed by the full Senate today. This was the companion bill to HB1448 and both were identically worded. They both crossover to the other chamber for final approval and then on to the Governor. History was made today!

    No Celebrating until the Governor Signs it!

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    Quote Originally Posted by Catch This View Post
    SB 791 Was passed by the full Senate today. This was the companion bill to HB1448 and both were identically worded. They both crossover to the other chamber for final approval and then on to the Governor. History was made today!

    No Celebrating until the Governor Signs it!
    I do not think so. Or at least that is what is not on the state legislative web page.

    The house bill has the following. The Senate bill as publicly available does not:

    28.2-410. Closed season for menhaden fishing; forbidden nets; penalty.
    Except as provided in § 28.2-409 or as otherwise provided by regulation, it is unlawful for any person to take or catch with a purse net in the waters of this the Commonwealth, or waters within its jurisdiction, menhaden between the Saturday following the third Friday in November and the Sunday preceding the first Monday in May. However, in the waters east of the Chesapeake Bay Bridge Tunnel within the three-mile limit of the Virginia shoreline such prohibition shall be between the Friday before Christmas and the Sunday preceding the first Monday in May. It is also unlawful for any person to use any purse net or other net having a stretched mesh of less than 1 3/4 one and three quarters inches. Any person violating any of the provisions of this section is guilty of a Class 1 misdemeanor."

    Neither bill makes it an emergency measure which means that the fishery will be closed from July 1 until such time as VMRC can enact regulations to make it legal, from a federal standpoint, to harvest of possess menhaden harvested after to June 7th.


    Please provide a link to the legislative information system that is contrary to what I found so that I can be corrected.

  10. #8
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    Both the Senate Bill and companion House Bill are in crossover. Assuming there are no setbacks, they will be passed next week and on their way to the Govenor for Signature and will most likely be signed prior to the May ASMFC meeting. No one wants a moratorium, not Virginia or the Feds. Virginia will most likely go to ASMFC with the status of he legistlation in hand demonstrating major progress to bringing Virginia into compliance and ASMFC will take that to NMFS and on to Secretary Ross who will lift the threat of a moratorium going into effect on June 17. VMRC still has work to do and will have to hold a public hearing before putting the regulations in place. Depending upon when the Governor gets the bill and signs it will determine when that hearing will be scheduled and held.

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    The senate bill passed the house with a substitution that does give VMRC full regulatory authority but does not include an "emergency measure" clause. The bill transfers regulation to VMRC. The emergency measure clause would mean that VMRC can enact regulations that bring the fishery into compliance prior to the closure date of June 7th (or is it 17th).

    There is still a chance that the Senate can include an emergency clause. With that VMRC and enact regulations to make everybody happy by the designated closure date.

    Otherwise, this means that for something between 2 and 6 weeks that the fishery will be closed based on the existing federal closure that starts in mid-June and the end of July Commission meeting. There is still the potential that the governor can do an amendment to the bill to make it an emergency measure which has to go back to the house and senate for approval. There is also the potential that the Commission can hold a special commission meeting shortly after July 1st when the non-emergency law goes into effect.

    As to if ASMFC and the Secretary of Commerce will accept the legislation as a good faith measure as compared to a legally binding change in law and regulation is a matter of opinion.

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