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1997 SESSION

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977791202
HOUSE BILL NO. 2357 Offered January 20, 1997 A BILL to amend and reenact §§ 3.1-73.6, 29.1-301 and 29.1-417 of the Code of Virginia, and to amend the Code of Virginia by adding in Chapter 9.1 of Title 3 sections numbered 3.1-73.9 and 3.1-73.10, and by adding a section numbered 29.1-103.1, relating to regulation of aquaculture; penalty. ---------- Patron-- Deeds ---------- Referred to Committee on Agriculture ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 3.1-73.6, 29.1-301 and 29.1-417 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 9.1 of Title 3 sections numbered 3.1-73.9 and 3.1-73.10, and by adding a section numbered 29.1-103.1 as follows:

CHAPTER 9.1. AQUACULTURE DEVELOPMENT ACT.

§ 3.1-73.6. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Aquaculture" means the propagation, rearing, enhancement, and harvest of aquatic organisms in controlled or selected environments, conducted in marine, estuarine, brackish, or fresh water.

"Aquaculture facility" means any land, structure, or other appurtenance that is used for aquaculture, including, but not limited to, any laboratory, hatchery, pond, raceway, pen, cage, incubator, or other equipment used in aquaculture.

"Aquatic organism" means any species or hybrid of aquatic animal or plant, including, but not limited to, "fish," "fishes," "shellfish," "marine fish," and "organisms" as those terms are defined by § 28.2-100.

"Board" means the Board of Agriculture and Consumer Services.

"Commissioner" means the Commissioner of Agriculture and Consumer Services.

"Department" means the Virginia Department of Agriculture and Consumer Services.

"Freshwater aquaculture" means the production and sale of commercially raised freshwater fish and freshwater crustacea.

§ 3.1-73.9. Board to promulgate regulations.

A. The Board shall promulgate regulations governing the operation of freshwater aquaculture facilities. The regulations shall:

1. Require that any person desiring to operate a freshwater aquaculture facility obtain a license from the Department;

2. Impose an annual license fee in an amount sufficient to cover the costs of regulating the operation of freshwater aquaculture facilities;

3. Prescribe standards under which fish raised in freshwater aquaculture facilities shall be bred, transported, possessed, bought and sold;

4. Prohibit the release into the waters of the Commonwealth of fish raised in freshwater aquaculture facilities and species of fish which are not native to the Commonwealth;

5. Include any provisions necessary to prevent the spread of fish diseases;

6. Provide that the Department may deny, suspend or revoke a license if the applicant for a license or a licensee violates the regulations; and

7. Include such other provisions the Board deems necessary.

B. Any person violating regulations developed pursuant to subsection A shall be guilty of a class 3 misdemeanor.

§ 3.1-73.10. License required to operate aquaculture facilities.

After the effective date of the regulations promulgated pursuant to § 3.1-73.9, no person shall operate a freshwater aquaculture facility without first obtaining a license from the Department.

§ 29.1-103.1. Board may not regulate aquaculture.

Notwithstanding any other provision of law, the Board shall not regulate freshwater aquaculture as defined in § 3.1-73.6.

§ 29.1-301. Exemptions from license requirements.

A. No license shall be required of landowners, their spouses, or their children and minor grandchildren, resident or nonresident, to hunt, trap and fish within the boundaries of their own lands and inland waters or while within such boundaries or upon any private permanent extension therefrom, to fish in any abutting public waters.

B. No license shall be required of any stockholder owning fifty percent or more of the stock of any domestic corporation owning land in this Commonwealth, his or her spouse and children and minor grandchildren, resident or nonresident, to hunt, trap and fish within the boundaries of lands and inland waters owned by the domestic corporation.

C. No license shall be required of bona fide tenants, renters or lessees to hunt, trap or fish within the boundaries of the lands or waters on which they reside or while within such boundaries or upon any private permanent extension therefrom, to fish in any abutting public waters if such individuals have the written consent of the landlord upon their person. A guest of the owner of a private fish pond shall not be required to have a fishing license to fish in such pond.

D. No license shall be required of resident persons under sixteen years old to fish.

D1. No license shall be required of resident persons under twelve years old to hunt, provided such person is accompanied and directly supervised by an adult who has, on his person, a valid Virginia hunting license as described in subsection B of § 29.1-300.1.

E. No license shall be required of a resident person sixty-five years of age or over to hunt or trap on private property in the county or city in which he resides. An annual license at a fee of one dollar shall be required of a resident person sixty-five years of age or older to fish in any inland waters of the Commonwealth which shall be in addition to a license to fish for trout as specified in subsection B of § 29.1-310. A resident sixty-five years of age or older may, upon proof of age satisfactory to the Department and the payment of a one-dollar fee, apply for and receive from any authorized agent of the Department a nontransferable annual license permitting such person to hunt or an annual license permitting such person to trap in all cities and counties of the Commonwealth. Any lifetime license issued pursuant to this article prior to July 1, 1988, shall remain valid for the lifetime of the person to whom it was issued. Any license issued pursuant to this section includes any damage stamp required pursuant to Article 3 (§ 29.1-352 et seq.) of this chapter.

F. No license to fish, except for trout as provided in subsection B of § 29.1-310, shall be required of nonresident persons under twelve years of age when accompanied by a person possessing a valid license to fish in Virginia.

G. No license shall be required to trap rabbits with box traps.

H. No license shall be required of resident persons under sixteen years of age to trap when accompanied by any person eighteen years of age or older who possesses a valid state license to trap in this Commonwealth.

I. No license to hunt, trap or fish shall be required of any Indian who habitually resides on an Indian reservation; however, such Indian must have on his person an identification card or paper signed by the chief of his reservation, setting forth that the person named is an actual resident upon such reservation. Such card or paper shall create a presumption of residence, which may be rebutted by proof of actual residence elsewhere.

J. No license to fish shall be required of legally blind persons.

K. No fishing license shall be required in any inland waters of the Commonwealth, except those stocked with trout by the Department or other public body, on free fishing days. The Board shall designate no more than two free fishing days in any calendar year.

L. No license to fish, except for trout as provided in subsection B of § 29.1-310, in Laurel Lake and Beaver Pond at Breaks Interstate Park shall be required of a resident of the State of Kentucky who (i) possesses a valid license to fish in Kentucky or (ii) is exempt under Kentucky law from the requirement of possessing a valid fishing license.

M. No fishing license shall be required to fish from a private facility used solely for freshwater aquaculture as that term is defined in § 3.1-73.6.

§ 29.1-417. Capturing, holding, propagating, and disposing of wildlife for authorized purposes.

The fee for a permit to capture, hold, propagate, and dispose of wildlife for purposes authorized by the Board, shall be an amount sufficient to defray the costs of processing the permit and administering the permitted activity. However, in no instance shall the fees established by the Board exceed the following:

1. For deer farming, $350;

2. For wolf-hybrid kennels, $100;

3. For endangered species, scientific collection and wildlife holder, $20; and

4. For all other such permits, $50.

The permit shall also authorize the permittee to artificially raise trout or catfish for sale from a privately owned facility where the permittee allows public fishing from its facilities. If this fee has been paid, no license shall be required to fish from such a facility.

2. That the provisions of §§ 29.1-103.1 and 29.1-417 of this act shall become effective upon the effective date of the regulations promulgated pursuant to § 3.1-73.9.