HB1045: Menhaden fishing; prohibited in certain areas.
Be it enacted by the General Assembly of Virginia:
1. That § 28.2-409 of the Code of Virginia is amended and reenacted, and that the Code of Virginia is amended by adding a section numbered 28.2-412 as follows:
§ 28.2-409. Menhaden fishing prohibited in certain areas; exception.
A. Except as provided in subsection B of this section, it shall be unlawful to take or catch menhaden with purse nets in the following waters:
1. In the Piankatank River and its tributaries above and west of a line beginning at the northernmost, as measured from the low-water mark, edge of land known as Gwynn's Island at or near the mouth of Kibble Pond, thence in a northerly direction in a straight line to the easternmost edge of high land on Stingray Point;
2. In the Rappahannock River and its tributaries above and west of the R.O. Norris, Jr., Bridge;
3. In the York River and its tributaries above and west of a line extending northwardly from the western line of Goodwin Islands through the western line of Ellen Island to the northern bank of the York;
4. In the East, North, Ware and Severn Rivers and their tributaries; and
5. In Cape Charles harbor eastward of a line from the western tip of the jetty on the southern side of the channel to the westernmost tip of the jetty on the northern side of the channel; in Kings Creek and Cherrystone inlet eastward of a line from the western end of the jetty on the north side of Cape Charles harbor to the southern end of Wescoat Point; in Mattawoman and Hungars Creek eastward of a line from the northwesternmost tip of land in Old Town Neck to Great Neck Point; in Nassawadox Creek eastward of a line from Shooting Point to Nassawadox Point; in Occohannock Creek eastward of a line from Sparrow Point to the southernmost tip of Powells Bluff; in Nandua Creek eastward of a line from the northernmost point of Milbys Point to the southwesternmost point of land in Hacks Neck, said line having a true bearing of 027°; in Pungoteague Creek eastward of a line from Bluff Point to the southeasternmost point of Finneys Island; in Onancock Creek eastward of a line from Thicket Point to Ware Point; in Chesconessex Creek eastward of a line from the northernmost point of Sound Beach to the northwesternmost point of Beach Island; in Deep Creek, Hunting Creek and Guilford Creek eastward of a line from the easternmost tip of Russel Island to Halfmoon Point to Peters Point to Simpson Point to Flood Point to Ebb Point to the mouth of Great Gut; in Messongo Creek eastward of a line from South Point to North Point in the Virginia portion of the Pocomoke River northeast of a line from Long Point to Virginia-Maryland spar buoy "A"; in the Great Wicomico River from the mouth of Whay's Creek to Sandy Point; in Dividing Creek, Prentice Creek and Jarvis Creek westward of a line from Hughlett Point to Jarvis Point; in Indian Creek and Henrys Creek westward of a line from the southeasternmost point of land on the eastern side of the mouth of Henrys Creek to the easternmost point of Fleets Bay Neck; in Dymers Creek westward of a line from the southernmost point of Grog Island to the easternmost point of Poplar Neck; in Tabbs Creek westward of the line across the mouth of the creek at its narrowest point; in Horn Harbor and Dyer Creek westward of a line from the southernmost tip of Beach Point to the northernmost point on the south side of the mouth of Dyer Creek; in Back Creek, Clarkston Creek, Chisman Creek, Poquoson River, Bennett Creek, and adjacent waters westward of a line from the southeasternmost point of Goodwin Islands to the westernmost point of Cow Island; in Back River westward of a line from Plumtree Point to the westernmost point of Northend Point; in Little Creek southward of a line from the north point of the west jetty to the north point of the east jetty; in Lynnhaven Bay southward of the Lynnhaven Inlet Bridge on U. S. Route 60.
B. During the period from the first Monday in May
through the third Friday in November, vessels under seventy 70
gross tons which that are licensed in accordance with
subdivision 1 of § 28.2-402 are authorized to take or catch menhaden in the
following waters: in the Rappahannock River eastward and southward from a line
extending from Towles Point to Burnham Wharf and from Orchard Point to Towles
Point; in Dividing Creek eastward from a line extending from Jarvis Point to
Ditchley Pump House; in Indian Creek eastward from a line directly across the
creek at Rappahannock Oyster Company; in Dymers Creek eastward from a line
directly across the creek at the eastern end of Standard Products dock.
C. No purse seine vessels greater than 70 gross tons shall initiate a set for menhaden after 5 P.M. on any Friday or prior to 6 P.M. on any Sunday. In addition, no such vessel shall initiate any set for menhaden between the hours of 8 A.M. and 6 P.M. on any official holiday of the Commonwealth, as identified in § 2.2-3300 of the Code of Virginia.
§ 28.2-412. Catch Control
A. The catch of menhaden by purse seine for reduction purposes within the lawful harvest area of the Chesapeake Bay shall not exceed 131,000 metric tons annually. For the purposes of this section, the lawful harvest area of the Chesapeake Bay is that area defined in § 28.2-409.
B. The Secretary of Natural Resources shall devise a system for monitoring such landings and issue a notice of closure if 100 percent of the annual limit set forth in subsection A has been reached. Upon 24 hours such actual notice, the taking of menhaden by purse seine for reduction purposes in the Chesapeake Bay shall cease. Once such actual notice is given, it shall be unlawful for any person to take menhaden by purse seine for reduction purposes in the Chesapeake Bay until the following menhaden fishing year.
C. For the purposes of this section, the Chesapeake Bay shall include all of the Commonwealth’s territorial waters interior to the Chesapeake Bay, west of the Chesapeake Bay Bridge Tunnel.
D. Should the catch of menhaden in any year exceed the limit described in subsection A of this section, the amount of such overage shall be deducted from the next year’s harvest limit.
