2011 SESSION

Convened January 12, 2011 -

FISHERIES AND HABITAT OF TIDAL WATERS

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over from 2010 Session (CD) Carried over but died in committee on or before 12/2/2010

Aquaculture opportunity zones; removes authority of Marine Resources Commission to establish commercial shellfish zones in which temporary protective enclosures can be placed in certain waters. Amending § 28.2-603. (Patron-Northam, SB 963 (Chapter 314))

Baylor Ground; removes certain area in waters of Crippen Creek in Accomack County from natural oyster beds, etc. (Patron-Lewis, HB 2187 (F))

Bottomlands rents and royalties; removes authority of Virginia Marine Resources Commission to charge rent. Amending §§ 28.2-1205 and 28.2-1206. (Patron-Cosgrove, HB 1163 (CD))

Chesapeake Bay crab meat; containers of crab meat that are labeled as such to include at least 51 percent by weight, crab taken from Chesapeake Bay. Amending § 3.2-5123. (Patron-Lewis, HB 2186 (F))

Coastal resource management; Virginia Marine Resources Commission, et al., to develop integrated guidance therefor of tidal shoreline systems. Amending § 28.2-1100; adding §§ 15.2-2223.2 and 28.2-104.1. (Patron-Northam, SB 964 (Chapter 885))

Commercial fisheries; provides for state and local tax, regulatory relief, and preservation thereof. Amending §§ 10.1-1009, 10.1-1700, 58.1-511, 58.1-512, and 58.1-3506; adding §§ 28.2-1108 through 28.2-1113 and 58.1-3851.1. (Patron-Morgan, HB 2263 (F))

Crab dredging season; authorizes Virginia Marine Resources Commission to adjust opening or closing dates. Amending § 28.2-707. (Patron-Knight, HB 1724 (F))

Crabbing area; clarifies boundaries where taking or catching is prohibited. Amending § 28.2-709. (Patron-Miller, P.J., HB 1886 (Chapter 217))

Filled subaqueous bottomlands; Virginia Marine Resources Commission to convey title to applicant if fill was lawfully deposited. Amending § 28.2-1200.1. (Patron-Cosgrove, HB 2310 (Chapter 733); Wagner, SB 1133 (Chapter 734))

Fishing; if person is in interjurisdictional inland waters he is subject to laws of jurisdiction. Amending § 29.1-534. (Patron-Wright, HB 1712 (Chapter 93); Ruff, SB 1299 (Chapter 179))

Menhaden; cap on harvesting will be reduced 20 percent annually. Amending second enactment of Chapters 178 and 728, 2010 Acts and § 28.2-100.2. (Patron-Knight, HB 2369 (F))

Menhaden fishery; directs Virginia Marine Resources Commission to adopt regulations to implement Interstate Fishery Management Plan for Atlantic Menhaden. Amending §§ 2.2-4002, 2.2-4103, 28.2-409, and 28.2-410; adding § 28.2-203.2; repealing §§ 28.2-1000.1 and 28.2-1000.2. (Patron-Cosgrove, HB 2280 (F); Northam, SB 765 (F))

Menhaden fishing; prohibited within one mile of low mean water mark in waters adjacent to Cities of Hampton, Newport News, Norfolk, and Virginia Beach, penalty. Adding § 28.2-410.1. (Patron-Purkey, HB 1656 (F))

Menhaden fishing; prohibits taking or catching with purse nets in Rappahannock River and its tributaries. Amending § 28.2-409. (Patron-Miller, J.H., HB 1913 (F))

Menhaden fishing; Virginia Marine Resources Commission to assess fee for those caught with purse net, Menhaden Assessment Fund established. Adding § 28.2-402.1. (Patron-Abbitt, HB 2165 (F))

Oysters; measurement standard. Amending § 28.2-526. (Patron-Pollard, HB 2502 (Chapter 627))

Pianakatank River and Narrows; Virginia Marine Resources Commission to convey permanent easements and rights-of-way across beds for purpose of installing and operating submarine electric distribution cable system. (Patron-McDougle, SB 921 (Chapter 601))

Pound net licenses; prohibits Virginia Marine Resources Commission from issuing to persons who want to set nets in waters of Chesapeake Bay east of Chesapeake Bay Bridge Tunnel. Amending § 28.2-305. (Patron-Stolle, HB 1689 (F))

Public oyster grounds; increases amount of time Virginia Marine Resources Commission is required to post public notice before closing. Amending § 28.2-507. (Patron-Pollard, HB 1944 (Chapter 221))

Recreational gill net license; established for owners of piers. Amending § 28.2-226.2. (Patron-Gear, HB 1268 (CD))

Shellfish industry and state regulators; United States Food and Drug Administration (FDA) and Interstate Shellfish Sanitation Conference (ISSC) to work collaboratively to improve shellfish safety. (Patron-Peace, HJR 624 (F))

Special combined individual sportfishing licenses; creates an additional boat license option which allows licensees to fish in both freshwater and saltwater. Amending §§ 28.2-302.2:1 and 29.1-310.2. (Patron-Stuart, SB 995 (Chapter 287))

Subaqueous bottomland; Virginia Institute of Marine Science and Virginia Marine Resources Commission to jointly study ways to better utilize those on seaside of State’s Eastern Shore. (Patron-Northam, SJR 330 (P))

Summer flounder; Virginia Marine Resources Commission to adopt regulations that establish same size limits for commercially licensed hook-and-line fishermen, etc. Adding § 28.2-303.1. (Patron-Abbitt, HB 2166 (F))

Virginia Marine Resources Commission; permits for encroachment on subaqueous beds. Amending § 28.2-1207. (Patron-Knight, HB 1723 (Chapter 451))

Wetland mitigation banks; removes references to an outdated map used to identify. Amending §§ 28.2-1308, 33.1-223.2:1, and 62.1-44.15:23. (Patron-Pollard, HB 2126 (Chapter 253))