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2011 SESSION
11100330DBe it enacted by the General Assembly of Virginia:
1. That the second enactment of Chapters 178 and 728 of the Acts of Assembly of 2010, as previously enacted by Chapter 41 of the Acts of Assembly of 2007, is amended and reenacted as follows:
2. That the provisions of this act shall expire on
January 1, 2014 2017.
2. That 28.2-1000.2 of the Code of Virginia is amended and reenacted as follows:
§ 28.2-1000.2. (Expires January 1,
2014) Annual closure of the Chesapeake Bay purse seine
fishery for Atlantic menhaden.
A. For the purpose of this section:
"Chesapeake Bay" means the territorial waters of the Commonwealth lying west of the Chesapeake Bay Bridge-Tunnel.
"Purse seine fishery for Atlantic menhaden" means those vessels licensed pursuant to § 28.2-402 that harvest menhaden for the purpose of manufacturing them into fertilizer, fish meal, or oil.
B. Upon notification by the National Marine Fisheries Service of the date on which the purse seine fishery for Atlantic menhaden meets the annual menhaden harvest cap in the Chesapeake Bay, the Secretary of Natural Resources shall promptly publish a notice in the Virginia Register announcing the date of closure. The Secretary of Natural Resources shall also notify the operators of the purse seine fishery for Atlantic menhaden by the most convenient and expeditious means available. The date of closure shall be based on mandatory daily catch reports submitted to the National Marine Fisheries Service by the purse seine fishery for Atlantic menhaden.
C. The annual menhaden harvest cap for the purse seine fishery
for Atlantic menhaden shall be 109,020 metric tons,
subject to annual adjustment for underages or overages as specified in
subsection D. In no event, however, shall the harvest of this
fishery exceed 122,740 metric tons in any one year; however, beginning January 1, 2012, and thereafter
for five years, the harvest cap for
the purse seine fishery for Atlantic
menhaden shall be reduced annually
by 20 percent of the original cap
established by this subsection, whereupon the
Atlantic menhaden fishery shall be closed.
D. If the harvest of the purse
seine fishery for Atlantic menhaden does not exceed 109,020 metric tons in any
year to which the harvest cap applies, then the difference between the actual
harvest and the harvest cap shall be applied as a credit applicable to the
allowable harvest for the purse seine fishery for Atlantic menhaden for the
following year. The credit may be used only for the subsequent annual harvest
and shall not be spread over multiple years. Any annual harvest in excess of
the harvest cap shall be deducted from the harvest cap, as modified pursuant to
this subsection and subsection C for the subsequent annual harvest.
E. The 2007 harvest
cap for the purse seine fishery for Atlantic menhaden shall be adjusted for any
underage or overage, as specified in subsection D, from the actual 2006 harvest
of the purse seine fishery for Atlantic menhaden.
F.
No person shall take Atlantic menhaden by purse seine for reduction purposes
from the Chesapeake Bay after the later of the date of closure implemented
pursuant to subsection B or the date that actual notice is provided of such
closure pursuant to subsection B. Any person violating this provision shall be
guilty of a Class 1 misdemeanor.
3. That § 28.2-1000.2 as it is amended by the second enactment of this act shall not expire on January 1, 2017.
4. That the provisions of this act shall become effective on January 1, 2012.