HOUSE BILL NO. 88
Offered January 11, 2012
Prefiled December 21, 2011
A BILL to amend and reenact § 28.2-1000.2 of the Code of
Virginia, relating to applying credits for harvests of menhaden.
Referred to Committee on Agriculture, Chesapeake and Natural Resources
Be it enacted by the General Assembly of Virginia:
1. 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.
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.
FD. 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
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