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Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
972187483Patrons-- Wardrup, Drake, Howell, McDonnell, Purkey and Tata; Senators: Quayle and Schrock
Be it enacted by the General Assembly of Virginia:
1. That §§ 28.2-100, 28.2-102, 28.228.2-104, and 28.2-105 of the Code of Virginia are amended and reenacted as follows:
§ 28.2-100. Definitions.
As used in this title, unless the context requires a different meaning:
"Commission" means the Marine Resources Commission.
"Commissioner" means the Commissioner of Marine Resources.
"Director" means the Director of the Marine Resources Commission.
"Fish" or "marine fish" means those finfish species which spend a major portion of their lives in marine or estuarine waters. Sunfish, crappies, and carp are not considered to be marine fish.
"Fishing,", "fisheries" or "to fish" means all
operations involved in (i) taking or catching, (ii) using, setting or operating
apparatus employed in killing, taking or catching, or (iii) transporting or
preparing for market marine fish, shellfish, and marine organisms.
"Habitat" means those state-owned bottomlands, tidal wetlands and coastal primary sand dunes which are subject to regulation under Subtitle III of this title.
"Marine organisms" means those species other than marine finfish or marine shellfish which inhabit marine or estuarine waters. Terrapin and marine mammals are considered to be marine organisms.
"Marine shellfish" or "shellfish" means such species of mollusca as oysters and clams, and such species of crustacea as crabs.
"Officer" means a member of the Virginia Marine Patrol.
"Territorial sea" means the waters within the belt, three nautical miles wide, that is adjacent to Virginia's coast and seaward of the mean low-water mark.
"Tidewater Virginia" means the following counties: Accomack, Arlington, Caroline, Charles City, Chesterfield, Essex, Fairfax, Gloucester, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Mathews, Middlesex, New Kent, Northampton, Northumberland, Prince George, Prince William, Richmond, Spotsylvania, Stafford, Surry, Westmoreland, and York; and the Cities of Alexandria, Chesapeake, Colonial Heights, Fairfax, Falls Church, Fredericksburg, Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson, Portsmouth, Richmond, Suffolk, Virginia Beach, and Williamsburg.
§ 28.2-102. Commission membership; chairman; qualifications; terms; meetings.
A. The Commission shall consist of a chairman and eight
additional ten members who, to the extent possible,
shall be representative of all areas of interest in Virginia's marine
resources, including commercial, recreational and environmental interests. At
least one member shall, at the time of his appointment, have earned his
livelihood for at least five years by working on Virginia waters and at
least one member shall have expertise in fisheries management and related
education. The Director of the Virginia Institute of
Marine Science shall serve as a nonvoting ex-officio member. The
members, including the chairman, shall be appointed by the Governor
and shall serve at his pleasure. The Commission shall elect a chairman
and vice chairman
from among its members.
B. The chairman and two Three members of the Commission
and the Director of the Virginia Institute of Marine Science shall
hold office for terms coincident with the term of the Governor making the
appointments, or until their successors have been appointed and qualified. The
remaining six members shall be appointed for four-year terms or until their
successors are approved and qualified. No person, except the
chairman, shall serve more than two consecutive full terms. Any vacancy
shall be filled by the Governor for the unexpired term.
C. The chairman shall be an experienced administrator with knowledge of
seafood and marine affairs. He shall serve as Commissioner of Marine
Resources.
DC. Five members shall constitute a quorum of the
Commission.
ED. The Commission shall meet on the call of the chairman
or three members at such times as he or they may deem necessary, and at such
places as he or they may designate.
§ 28.2-104. Director; general powers and duties.
A. The Director, under the direction and control of the Governor, shall exercise the powers and perform the duties that are conferred upon him by law and he shall perform such other duties as may be required of him by the Governor or the appropriate citizen boards.
B. The CommissionerDirector shall:
1. Enforce the marine fishery and habitat laws and regulations;
2. Serve as chief executive officer of the Commission and devote full time
to the duties of the officeexercise such administrative powers and
duties as are conferred upon him by the Commission; and further, the Commission
may delegate to him any of the powers and duties invested in it by this title
except the adoption and promulgation of standards, rules and regulations;
3. Appoint all personnel; and
4. Establish and equip a permanent office in the City of Newport News.
§ 28.2-105. Legal representation for employees in criminal prosecution; compensation.
If any Commission employee is prosecuted on any criminal charge arising out of
any act committed in the discharge of his official duties, the
CommissionerDirector may employ special counsel approved
by the Attorney General to defend the employee. The compensation for special
counsel shall, subject to the approval of the Attorney General, be paid out of
the funds appropriated for the administration of the Commission.
2. That whenever the terms "Commissioner" (of VMRC), "Commissioner of Marine Resources," or "Commissioner of the Marine Resources Commission" are referred to in this Code they shall mean the "Director of the Marine Resources Commission."
3. That the provisions of this act shall become effective on January 17, 1998.