| 12/3/2024 12:58 pm
Date / Time filed with the Register of Regulations
|
VA.R. Document Number: R____-______
|
Virginia Register Publication Information
|
Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
| Promulgating Board: |
Marine Resources Commission |
| Regulatory Coordinator: |
Zachary Widgeon
(757)414-0713
Zachary.Widgeon@mrc.virginia.gov
|
| Agency Contact: |
Jennifer Farmer
Regulatory Coordinator
(757)247-2248
jennifer.farmer@mrc.virginia.gov
|
| Contact Address: |
Marine Resources Commission
380 Fenwick Road
Building 96
Fort Monroe, VA 23651
|
|
Chapter Affected:
|
| 4 vac 20 - 1260: |
Pertaining to River Herring |
| Statutory Authority: |
State:
Federal: |
| Date Petition Received |
07/29/2024 |
| Petitioner |
Robert Allen, Coastal Conservation Association Virginia |
Petitioner's Request
The petitioner's request is as follows: "This petition requests rulemaking by the
Virginia Marine Resources Commission (VMRC) for a managed recreational Hickory Shad
fishery in Chesapeake Bay waters and coastal rivers and their tributaries within Virginia
with a daily creel limit informed by and adjusted based on best available data. The
requested regulation would be part of existing VMRC fisheries management for Alosine
species and is needed to conserve the Hickory Shad stock by replacing unrestricted
recreational harvesting with a controlled fishery. Unrestricted take exposes this
species to overharvesting and diminishes the contribution of Virginia coastal river
spawners to species abundance.
Petition objectives are to conserve the Hickory Shad species in Virginia's Chesapeake
Bay waters and tributaries, sustain its contribution to species abundance of the East
Coast stock, maintain a quality recreational fishery, and support shad and herring
restoration plans.
The proposed fishery management action is for non-indigenous recreational fishing
only. It would not alter commercial fishing regulations or the fishing rights of Native
Americans who habitually reside on an Indian reservation or are members of a Virginia-recognized
tribe who reside in the Commonwealth."
Agency Plan
The Marine Resources Commission, as required by Virginia law, is submitting notice
of the petition for publication in the Virginia Register of Regulations and announcing
a public comment period. Following receipt of comments on the petition, the Commission
will consider whether to grant or deny the petition for rulemaking.
| Publication Date |
08/26/2024 (comment period will also begin on this date) |
| Comment End Date |
09/16/2024 |
Agency Decision
Take no action
| Agency Response Date |
12/03/2024 |
Agency Decision Text
Environmental Impact:
No evidence for a need for fisheries management measures at this time.
Hickory shad differ from American shad in life history traits which means their populations
are not subject to the same pressures.
Anecdotal data from the VIMS Alosine Monitoring Program suggests a relatively consistent
run of Hickory shad through time.
Beginning in 2025, biological data for all individual Hickory shad encountered in
the Alosine Monitoring Program will be collected to develop a time series for an index
of abundance. If this index shows negative trends on the spawning stock, appropriate
management measures could be implemented at that time.
Economic Considerations:
The petition has the potential to create unintended economic and social consequences for
the end user of these fisheries products.
A comprehensive economic impact assessment would need to be considered to determine
the impact of management measures to the communities that harvest Hickory shad.