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2011 SESSION

11100281D
HOUSE BILL NO. 1689
Offered January 12, 2011
Prefiled January 10, 2011
A BILL to amend and reenact § 28.2-305 of the Code of Virginia, relating to issuance of pound net licenses; penalty.
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Patrons-- Stolle, Knight and Tata
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Referred to Committee on Agriculture, Chesapeake and Natural Resources
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Be it enacted by the General Assembly of Virginia:

1.  That § 28.2-305 of the Code of Virginia is amended and reenacted as follows:

§ 28.2-305. Size of mesh and length and depth of certain nets; penalty.

A. It is unlawful for any person to use the following nets:

1. A pound net or a mullet gill net that is less than 200 yards long having a smaller mesh than two inches, stretched measure, after having been tarred; or

2. A haul seine longer than 1,000 yards and if over 200 yards long having mesh less than three inches, stretched measure; and

3. A mullet gill net deeper than forty 40 meshes.

B. It is unlawful to set a pound net or other fixed fishing device on an established and presently used haul seine area, except that this provision shall not affect a pound net stand presently licensed.

C. The Commission shall not issue any license to set a pound net in the waters of the Chesapeake Bay east of the Chesapeake Bay Bridge Tunnel, except to those persons holding a valid license to set a pound net within such waters on January 1, 2011. It is unlawful for a holder of a valid pound net license whose pound net has been placed in the waters of the Chesapeake Bay east of the Chesapeake Bay Bridge Tunnel to transfer his license to another person, unless the license stipulates that the pound net shall be set outside this prohibited area.

D. A violation of this section is a Class 3 misdemeanor.