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2017 SESSION

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17100869D
HOUSE BILL NO. 1680 Offered January 11, 2017 Prefiled January 6, 2017 A BILL amend and reenact §§ 28.2-207, 28.2-208.1, 28.2-246, and 28.2-302.4 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 28.2-203.2, by adding in Article 1 of Chapter 2 of Title 28.2 sections numbered 28.2-208.2 and 28.2-208.3, and by adding a section numbered 28.2-1204.3, relating to Marine Resources Commission; advisory committees. ---------- Patron-- Bloxom ---------- Referred to Committee on Agriculture, Chesapeake and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 28.2-207, 28.2-208.1, 28.2-246, and 28.2-302.4 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 28.2-203.2, by adding in Article 1 of Chapter 2 of Title 28.2 sections numbered 28.2-208.2 and 28.2-208.3, and by adding a section numbered 28.2-1204.3 as follows:

§ 28.2-203.2. Crab Management Advisory Committee established.

A. There is hereby established the Crab Management Advisory Committee, referred to in this section as "the Committee." The Committee shall meet to discuss and make recommendations to the Commission on crab management issues.

B. The Committee shall consist of nine members appointed by the Commissioner, one of whom shall be an associate commissioner. The Commissioner shall select the eight citizen members from a list of nominees submitted by organizations representing various fishery user groups. In making his appointments, the Commissioner shall consider citizen members who represent various geographic areas and a diversity of gear use.

C. The term of each citizen member shall be for four years, provided that initial appointments shall be three members appointed for three years, three members appointed for two years, and two members appointed for one year. Appointments to fill vacancies shall be made to fill the unexpired term.

D. Citizen members shall receive no compensation for their services but shall receive reimbursement for actual expenses. The Committee shall meet at the call of the Commissioner.

§ 28.2-207. Tournament Advisory Committee continued.

A. The Virginia Saltwater Sport Fishing Tournament Advisory Committee is continued and shall hereinafter be known as the Committee, referred to in this section as "the Committee," is continued. The Committee shall assist the Director of the Virginia Saltwater Sport Fishing Tournament, hereinafter referred to as the Director, with the development and operation of tournament programs.

B. The Committee shall consist of twelve nine members appointed by the Commissioner with the approval of the Secretary of Natural Resources. Committee members shall be selected, one of whom shall be an associate commissioner. The Commissioner shall select the eight citizen members from a list of nominees supplied by the Director.

C. The term of office of each citizen member shall be for four years. Initially, four three members shall be appointed for two three years, four three members appointed for three two years, and four two members appointed for four years one year. Appointments to fill vacancies shall be made to fill the unexpired term.

D. Members shall receive no compensation for their services but shall receive reimbursement for actual expenses. The Committee shall meet at the call of the Director.

§ 28.2-208.1. Commercial Fishing Advisory Board established.

A. There is hereby established the Commercial Fishing Advisory Board, which shall hereinafter be known as the Board. referred to in this section as "the Board." The Board shall advise the Commission on the expenditure of those moneys received.

B. The Board shall consist of nine members appointed by the Commissioner, one of whom shall be an associate commissioner. The Commissioner shall select the eight citizen members from a list of nominees submitted by organizations representing commercial fishing interests. The membership shall be representative of the geographic area covered by the commercial fishing license.

C. The term of each citizen member shall be for three four years, provided that initial appointments shall be three members appointed for three years, three members appointed for two years, and three two members appointed for one year. Appointments to fill vacancies shall be made to fill the unexpired terms term.

D. Members shall receive no compensation for their services but shall receive reimbursement for actual expenses. The Board shall meet at the call of the Commissioner or at least four times yearly.

§ 28.2-208.2. Finfish Management Advisory Committee established.

A. There is hereby established the Finfish Management Advisory Committee, referred to in this section as "the Committee." The Committee shall meet to discuss and make recommendations to the Commission on finfish issues.

B. The Committee shall consist of nine members appointed by the Commissioner, one of whom shall be an associate commissioner who represents recreational anglers on the Commission. The Commissioner shall select the eight citizen members from a list of nominees submitted by organizations representing various fishery user groups, including recreational anglers. In making his appointments, the Commissioner shall consider geographic and user group representation, including commercial and recreational, industry, and nongovernmental organizations.

C. The term of each citizen member shall be for four years, provided that initial appointments shall be three members appointed for three years, three members appointed for two years, and two members appointed for one year. Appointments to fill vacancies shall be made to fill the unexpired term.

D. Members shall receive no compensation for their services but shall receive reimbursement for actual expenses. The Committee shall meet at the call of the Commissioner.

§ 28.2-208.3. Shellfish Management Advisory Committee established.

A. There is hereby established the Shellfish Management Advisory Committee, referred to in this section as "the Committee." The Committee shall advise the (i) Commission on oyster management issues related to the public oyster fishery and (ii) Commission's staff on the annual oyster replenishment program that places shell and seed oysters on public oyster bottoms.

B. The Committee shall consist of nine members appointed by the Commissioner, one of whom shall be an associate commissioner. The associate commissioner shall serve as chairman of the Committee. The Commissioner shall select the eight citizen members from a list of nominees submitted by organizations representing various fishery user groups. In making his appointments, the Commissioner shall consider persons who represent various geographic areas and a diversity of gear use.

C. The term of each citizen member shall be for four years, provided that initial appointments shall be three members appointed for three years, three members appointed for two years, and two members appointed for one year. Appointments to fill vacancies shall be made to fill the unexpired term.

D. Members shall receive no compensation for their services but shall receive reimbursement for actual expenses. The Committee shall meet at the call of the Commissioner.

§ 28.2-246. Fishery Resource Grant Advisory Board established; membership; duties.

A. The Fishery Resource Grant Advisory Board shall be composed of seven nine members, one of whom shall be an associate commissioner appointed by the Commissioner. The eight other members are to be selected in the following manner: four members shall be appointed by the Graduate Marine Science Consortium from nominations made by commercial watermen's associations, one member two members shall be appointed by the Graduate Marine Science Consortium from nominations made by the aquaculture association, one member shall be appointed by the Commissioner of the Marine Resources Commission, and one member shall be appointed by the Director of the Virginia Institute of Marine Science.

B. The Advisory Board shall (i) in cooperation with commercial fishermen and the Consortium, establish, by July 1 of each year, the priority areas in which grants shall be awarded and (ii) review each application and make its recommendation to the Consortium.

§ 28.2-302.4. Virginia Recreational Fishing Advisory Board established.

A. There is hereby established the Virginia Recreational Fishing Advisory Board, which shall hereinafter be known as the Board., referred to in this section as "the Board." The Board shall advise the Commission in the expenditure of moneys received in the Fund.

B. The Board shall consist of nine members selected appointed by the Commissioner, one of whom shall be an associate commissioner. The Commissioner shall select the eight citizen members from a list of nominees by organized groups, clubs, civic organizations, or self-nominations and appointed by the Commissioner who are representative of the interests associated with recreational fishing, including representatives from organized recreational clubs and others interested in recreational fishing. The membership shall be representative of the geographic area covered by the license.

C. The term of office of each member shall be for three years, provided that initial appointments shall be three members appointed for three years, three members appointed for two years, and three two members appointed for one year. Appointments to fill vacancies shall be made to fill the unexpired term.

D. Members shall receive no compensation for their services but shall receive reimbursement for actual expenses. The Board shall meet at the call of the Commissioner or at least four times yearly.

§ 28.2-1204.3. Habitat Management Advisory Committee.

A. There is hereby established the Habitat Management Advisory Committee, referred to in this section as "the Committee." The Committee shall advise and make recommendations to the Commission on state-owned bottomland issues, including marina siting criteria, royalties for use of bottomland, and sandy dredged material guidelines but not including oyster leasing policies.

B. The Committee shall consist of nine citizen members appointed by the Commissioner, one of whom shall be an associate commissioner. The Commissioner shall select as the eight citizen members individuals who have knowledge regarding issues related to the use of state-owned bottomland.

C. The term of each citizen member shall be for four years, provided that initial appointments shall be three members appointed for three years, three members appointed for two years, and two members appointed for one year. Appointments to fill vacancies shall be made to fill the unexpired term.

D. Members shall receive no compensation for their services but shall receive reimbursement for actual expenses. The Committee shall meet at the call of the Commissioner.

2. That the provisions of §§ 28.2-203.2, 28.2-208.2, 28.2-208.3, and 28.2-1204.3 of the Code of Virginia, as created by this act, shall expire on July 1, 2020.