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I have not updated this in a few years but this might be useful for the meeting on the 22nd.

I had access to a number of the code books over the years. Here is a summary of what I found when I reviewed the Menhaden sections. Again I did not have all the books so some of the dates that things happened are fuzzy. The years quoted are for the books that I had.

1946 -

Section 3159 License regulation fees $15 for sailing vessels net less than 400 meshes deep, $50 sailing vessel with a net more than 400 meshes deep, steam or power vessel >20 hp $1 per ton, minimum $100, max $200. Two areas the first is the bay which was reserved for Virginia residents and the coastal waters for residents and non-residents. Failure to have a license or for the water being fished netted a fine between $500 and $2000 with a mandatory loss of nets vessels along with ?other thing used by such person, firm, or corporation in taking, or catching fish, or manufacturing them into oil, fish scrap, fish meal, or manure?

Section 3167 Food fish not to be taken bought or sold for manufacture into guano, fish meal, or oil; percentage allowable; penalty. Maximum bycatch of 1%. Fine between $1000 and $3000 with mandatory loss of license for the remainder of the season.

Section 3175 Closed season for menhaden fishing forbidden nets; penalty ? Closed between December 1 and the last Monday in May. Fine between $500 and $1000.

Section 3176 Details on what it means to qualify for an instate license. Fine $500 to $2000 with loss of boats, nets, etc.

1966 -

28.1-58 Food fish not to be taken bought or sold for manufacture into . . . 1% bycatch limit, no sale of bycatch allowed. Conviction is a misdemeanor and license is suspended for remainder of the season.

28.1-65 Closed season between Dec. 1 and Last Monday in May

28.1-59 and 60 ? Residents may fish all waters nonresidents may only fish coastal waters. Season closed last Dec. 1 to last Monday in May.

Excepted waters. (I think that this was added in 1966 as per the footnote in the code book)

a. Piankatank river west of the northern most edge of Qwinn?s Island North to the easternmost edge of the highland on Stingray point.
b. Rappahannock River above R.O. Norris Bridge
c. York River west of a line extending northerly from the western line of godwin Islands through the western lind of Ellen Island to the northern bake of the York.
d. In the East, North, Ware, and Severn rivers.

1968 no change

1974 -

Changes.
28.1-65 Season closed from Dec. 20 until last Monday in May. (Added 20 days to the season.)

28.1-60(3) Non resident (coastal waters) closed season Dec. 1 until last Monday in May.

21.1-58 (3) Excepted waters. (Add e. through z. although they are all in section 3-e in code)

a. Piankatank river west of the northern most edge of Gwynn?s Island North to the easternmost edge of the highland on Stingray point.
b. Rappahannock River above R.O. Norris Bridge
c. York River west of a line extending northerly from the western line of godwin Islands through the western lind of Ellen Island to the northern bank of the York.
d. In the East, North, Ware, and Severn rivers.
e. Cape Charles harbor eastward of a line from the western tip of the jetty on the southern side of the channel to the westernmost tip of the jetty on the northern side of the channel.
f. In Kings Creek and Cherrystone Inlet eastward of a line from the western end of the jetty on the north side of Cape Charles harbor to the southern end of Wescoat Point.
g. In the Mattowoman and Hungars creek eastward of a line from the northwestern most tip of land in Old Town Neck to Great Neck Point.
h. In Nassawadox Creek eastward of a line from Shooting Point to Nassawandox Point;
i. In Occohannock Creek eastward of a line from Sparrow Point to the southernmost tip of Powells Bluff.
j. In Nandua Creek eastward of a line from the northern most point of Milbys Point to the southwestern most point of land in Hacks Neck, said line having a true bearing of 027*.
k. In Pungoteague Creek eastwared of aline from Bluff point to the southeastern most point of Finneys Island;
l. In onancock Creek eastward of a line from Thicket Point to Ware Point;
m. In Chesconessix Creek eastward of a line from the northernmost point of South Beach to the northwestern most point of Beach Island.
n. In Deep Creek, Hunting Creek, and Guilford Creek eastwared of a line from the eastern most tip of Russel Island to halfmoon Point to Peters Point to Simpson Point to Flood Point to Ebb Point to the mouth of Great Gut
o. In Messongo Creek Eastward of a line from south point to North Point
p. In the Virginia portion of Pocomocke River northeast of a line from Long Point to VA-MD spar bouy ?A?
q. In Dividing Creek, Prentice Creek and Jarvis Creek Westward of a line from Hughlett Point to Jarvis Point
r. In Indian Creek and Henry?s Creek from a line from the southernmost point of land on the eastern side of the mouth of Henry?s Creek to the easternmost point of Fleets Bay Neck
s. In Dymers Creek westward of a line from the southernmost point of Grog Island to the easternmost point of Poplar Neck
t. In Tabbs Creek westward of the line across the mouth of the creek and its narrowest point;
u. In Horn Harbor and dyer Creek westwared of a line from the southern most tip of Beach Point to the northernmost point on the south side of the mouth of Dyer Creek.
v. In Back Creek and Claxton Creek westward of a line from the southernmost point of Goodwin Island to the Northernmost point of Green Point
w. In Chisman Creek, Poquoson River and Bennetts Creek westward of a line from York Point to Hunts Point and southward to a line from Hunts Hunts Point to the westward most point of Cow Island;
x. In Back River westward westward of a line from Plumtree point to the westernmost point of Northend point.
y. In Little Creek southward of a line from the north point of the west Jetty to the north point of the east Jetty.
z. In Lynnhaven bay southward of the Lynnhaven bay southward of the Lynnhaven inlet bridge on US RT. 60.

1975 - Changes
28.1-81.1 No harvest for reduction license for Non-US citizen.

1976 changes.
28.1-60(3) and 28.1-65 change Open season from third Monday in May to third Friday of November, inclusive.

1980 - Changes

Section 28.1-60 changed Allowed non state residents to take menhaden for reduction purposes anywhere in VA.

28.1-81.1 Repealed non Citizens covered by a federal licenses

28.1-59(4) Opened waters to vessels less than 100 Gross Tons Areas defined as all areas open and additionally to the areas for all purse seine boats in addition are authorized to fish in:

a. Rappahannock River eastward and southward of a line extending from towels Point to Burnham Wharf and from Orchard Point to Towles Point;
b. In Dividing Creek eastward from a line extending from Jarvis Point to Ditchley Pump House;
c. In Indian Creek eastward from a line directly across the creek at Rappahannock Oyster Company, in Dymers Creek eastward from a line directly across the creek at the eastern end of standard Products doc.

Section 28.1-59-3(e) added (between my p and q)

(p1) The great Wicomico River from the mouth of Whay?s Creek, to Sandy Point.

And

w. In Back Creek and Claxton Creek westward of a line from the southernmost point of Goodwin Island to the Northernmost point of Green Point
x. In Chisman Creek, Poquoson River and Bennetts Creek westward of a line from York Point to Hunts Point and southward to a line from Hunts Hunts Point to the westward most point of Cow Island;

Changed to:

wx. In Back Creek, Clarkston Creek, Chisman Creek, Poquoson River and Bennetts Creek and adjacent waters westward of a line from the southeastern most point of Goodwin Island to the western most point of Cow Island.

1984 (or a few years earlier) -

28.1-59(4) Changed 100 tons to 70 tons for the boats excepted in the upper Rappahannock.

28.1-65-1 Season for vessels less than 70 tons. Not for reduction Open from the First Monday in March to, but not including, the first Monday in May. (enacted in 1982 I think)

1988 -

28.1-65 The waters east of the Chesapeake Bay Bridge Tunnel are to be closed between the Friday before Christmas and the day preceding the first Monday in May. (added 4 weeks in the fall and four weeks in the spring.)

1992 changed numbering systems in the code book.

2004 No changes since 1988

2007 Set bay wide annual cap of 109,000 Metric Tons in order to come into compliance with ASMFC mandates.

2010 cap extended until Jan 1, 2014.

2013

2.2-4002-23 Commissioner of Marine Resources (not Secretary of Natural Resources) has authority to close the purse seine fishery when cap met.

28.2-204.1 Commissioner of Marine Resources may limit the number of permits for the fisherye licenses except for vessels in the reduction fishery.

All of the following was new and results of ASMFC required changes:

28.2-400.1. Criteria for qualifying for a limited entry purse seine menhaden bait license.

A. The Commission shall establish and administer a limited entry purse seine menhaden bait license that meets the requirements of this section.

B. In order to qualify for a limited entry purse seine menhaden bait license, an applicant shall have held a purse seine license, as established in § 28.2-402, in 2011 and shall have landed menhaden in the Commonwealth in each of the years 2009, 2010, and 2011. Such person shall also have used purse seine gear to harvest menhaden in at least one of those three years. Proof of landings and gear usage shall be in the form of receipts, landing reports, or other verifiable documents as designated by the Commission.

§ 28.2-400.2. Total allowable landings for menhaden.

A. Except as provided for in subsections B, C, and D, the total allowable landings for menhaden shall be 144,272.84 metric tons per year.

B. If the total allowable landings specified in subsection A are exceeded in any year, the total allowable landings for the subsequent year will be reduced by the amount of the overage. Such overage shall be deducted from the sector of the menhaden fishery that exceeded the allocation specified in § 28.2-400.3.

C. The Commissioner may request a transfer of menhaden landings from any other state that is a member of the Atlantic States Marine Fisheries Commission. If the Commonwealth receives a transfer of menhaden in any year from another state, the total allowable landings for only that year shall increase by the amount of transferred landings. The Commissioner may transfer menhaden to another state only if there are unused landings after December 15.

D. Any portion of the one percent of the coast-wide total allowable catch set aside by the Atlantic States Marine Fisheries Commission for episodic events that is unused as of September 1 of any year shall be returned to Virginia and other states according to allocation guidelines established by the Atlantic States Marine Fisheries Commission. Any such return of this portion of the coast-wide total allowable catch to Virginia shall increase the total allowable landings for that year.

§ 28.2-400.3. Allocation of the total allowable landings for menhaden.

A. The total allowable landings for menhaden specified in § 28.2-400.2 shall be allocated among the purse seine menhaden reduction sector, purse seine menhaden bait sector, and non-purse seine menhaden bait sector in proportion to each sector's share of average landings in 2002 through 2011, and in proportion to each gear type landings within the non-purse seine bait sector during that period.

B. The Commission shall establish an Individual Transferable Quota System for any purse seine menhaden bait licensee that meets the requirements of § 28.2-400.1. The Commission shall not consider a limited entry purse seine menhaden bait licensee's landings of menhaden for reduction purposes for any purposes under the Individual Transferable Quota System required by this subsection.

C. Any landings of menhaden by a limited entry purse seine menhaden bait licensee at a qualified menhaden processing factory, as indicated on the mandatory daily landings reports required to be submitted under § 28.2-400.5, shall be attributed to the menhaden reduction sector for all purposes under this chapter. A qualified menhaden processing factory is one located in the Commonwealth and which has processed at least 100,000 metric tons of menhaden in each of the years 2009, 2010, and 2011.

§ 28.2-400.4. Administration of the menhaden management program.

A. Closure of the menhaden fishery shall occur when the Commissioner projects and announces that 100 percent of the total allowable landings have been taken. The Commissioner shall monitor the mandatory daily landings reports required to be submitted under § 28.2-400.5 by the:

1. Purse seine menhaden reduction sector and promptly announce the date of closure when the portion of the total allowable landings allocated to the purse seine menhaden reduction sector under § 28.2-400.3 are projected to be taken. The Commissioner shall also notify the operators of any qualified menhaden processing factory of the date of closure by the most convenient and expeditious means available;

2. Purse seine menhaden bait sector and promptly announce the date of closure when the portion of total allowable landings allocated to the purse seine fishery for bait under § 28.2-400.3 is projected to be taken. The Commissioner shall also notify the purse seine menhaden bait sector of the date of closure by the most convenient and expeditious means available; and

3. Non-purse seine menhaden bait sector and promptly announce the date of closure when the portion of total allowable landings allocated to the non-purse seine fishery for bait under § 28.2-400.3 is projected to be taken. The Commissioner shall also notify the operators of the non-purse seine bait fishery of the date of closure by the most convenient and expeditious means available. Once this closure is announced, any person licensed in the non-purse seine menhaden bait sector may possess and land up to 6,000 pounds of menhaden per day, provided that such person is fishing in accordance with all laws and regulations.

B. The Commissioner may reopen a fishery sector closed pursuant to this section if, after all reports have been received, the portion of the total allowable landings has not been harvested by that sector. The Commission may establish any regulations it deems necessary and advisable, including trip limits or a time-limited reopening, to ensure that the allowable landings for a reopened sector is not exceeded. Any such reopening and subsequent closure shall be done by direct notice to the relevant sector of the fishery.

C. The Commission shall maintain on its website a periodically updated tally of the menhaden harvest for each sector receiving an allocation under this section.

D. Except as provided in subdivision A 3, no person shall harvest menhaden for bait or reduction purposes after the portion of the total allowable landings for the sector in which that person holds a license has been closed. Any person violating this provision is guilty of a Class 1 misdemeanor.

§ 28.2-400.5. Reporting requirements.

A. Any person licensed for the purse seine menhaden reduction sector or purse seine menhaden bait sector shall submit landings reports to the Commissioner each non-weekend or non-holiday day that the applicable sector of the menhaden fishery is open for harvest utilizing the Captain's Daily Fishing Report produced by the National Marine Fisheries Service.

B. Persons licensed for the non-purse seine menhaden bait sector shall submit a report on a form and on a schedule established by the Commission. The reporting period established by the Commission shall be longer than one week.

C. The reporting form required to be developed by the Commission shall require the following information:

1. Trip start date;

2. Vessel identification number;

3. Individual fisherman identifier;

4. Identification of dealer purchasing landings;

5. Trip number;

6. Species harvested;

7. Quantity of fish landed and discarded in pounds or metric tons;

8. Disposition of the landings;

9. County or port landed;

10. Gear type used;

11. Quantity of gear used;

12. Number of sets made during each trip;

13. Time fishing gear is in the water;

14. Days or hours at sea;

15. Number of crewmembers;

16. Area fished; and

17. Date of unloading.

§ 28.2-400.6. Biological sampling program and adult abundance index.

A. The Commission shall:

1. Establish a biological sampling program to collect one 10-fish sample per 200 landed metric tons for length and weight-at-age data from the commercial menhaden harvest; and

2. Initiate a program to add Atlantic menhaden to the Virginia Marine Resources Commission's finfish biological sampling program in order to develop an adult menhaden survey index from Virginia pound nets.

B. By no later than December 1, 2013, the Commission shall submit a report to the General Assembly and the Governor that (i) describes progress in establishing the biological sampling program and development of the adult menhaden survey index called for by this section, (ii) discusses any difficulties in implementing the requirements of this section, including a lack of resources to properly implement the program, and (iii) provides a list of resources the Commission believes are necessary to properly implement the sampling program and index, with detailed justification, including an estimate of the cost of each item requested.

Did slight increases for the license fees.

4VAC20-1270 (VMRC regulations.
Sets the cap on the purse seine and non purse seine fisheries
The purse seine menhaden reduction sector is allocated a quota of 286,396,768 pounds of allowable menhaden landings; the purse seine menhaden bait sector a 26,648,870 pound quota of allowable menhaden landings; and the nonpurse seine menhaden bait sector a 5,021,529 pound quota of allowable menhaden landings.

Sets up the purse seine limited entry to 2009, 2010 and 2011 participants.

Sets up an individual transferable quota system for the purse seine fishery

Sets up the quota for the non purse seine fisheries with a 6,000 pound bycatch limit when the quota is met. With the below quotas.

A. For 2013 and 2014, the nonpurse seine commercial bait sector's allocation shall be by gear type as follows:
1. Cast net: 1,930 pounds.
2. Dredge: 3,069 pounds. 2,115 pounds.

4. Gill net: 1,521,108 pounds.

5. Hook and line: 234 pounds.

6. Pot: 2,064 pounds.
7. Pound net: 3,412,020 pounds.

8. Seine: 20,103 pounds.

9. Trawl: 58,847 pounds.

10. Trot line: 39 pounds.

Established the reporting requirements

2014

28.2-402.4 Makes it so that multiple licenses can be purchased for the same vessel for the fee for one license <Multiple captains??>

28.2-100.2 Extended the cap until 2016
 

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Tom after reading your post, why do you thin in 1980 - there was a Change that (Section 28.1-60) changed Allowed non state residents to take menhaden for reduction purposes anywhere in VA?

If our state did not allow Menhaden harvest in the bay until 1980 what changed? Someone knew something back then and it was that menhaden was needed for a clean bay and lots of fish.

I believe Omega Protein should move out of the bay since Omega and fisheries managers says there is a lot of menhaden in the ocean, leave the bay, catch fish in the ocean and since it will cost more for fuel and salaries, then they can just raise the price of their product to make up the difference especially since they are a monopoly.
 

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Discussion Starter · #4 ·
Opening up to out of state residents 1980 deal was probably due to a federal law suit. Interstate Commerce laws. It is one of the reasons that someone from MD can get a commercial waterman's card. The most Virginia can do is restrict permits for specific fisheries based on the resources. When ever they do such a regulation they have to base it on historic participation by out of state residents.

Harvest in the bay for reduction purposes has been allowed basically forever. The 1946 laws have closed and open seasons and the 1% bycatch law.
 
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