A petition for rulemaking has been requested by the petitioners for the following:   1.Impose an immediate moratorium on reduction fishing for menhaden within the Chesapeake Bay, or in the alternative, reduce all purse seine fishing within the Chesapeake Bay to 10% of the current total allowable landings, thereby preserving the bait-fishery, to remain in place until completion and peer review of the ongoing ASMFC single-species and ecological reference point benchmark stock assessments.  2. Limit purse seine fishing in state waters to no more than 25% of Virginia's current total allowable landings (approximately 39,000 metric tons, of the 156,600 allotted to the reduction fishery), with the remaining harvest to be taken outside of Virginia waters (i.e., federal waters). This limit should remain in force until appropriate estimates of menhaden seasonal stocks within the Bay and a clear understanding of the effects of their removals are available. 3.Create a permanent 1-nautical mile purse seine exclusion zone along Virginia's entire shoreline to minimize localized depletion, user conflicts, habitat damage, and bycatch. 4.Formally request funds from the General Assembly to expand the VIMS Research Planning proposal to study the impacts of reduction fishing on the Bay ecosystem, with at least 50% of costs to be covered by the industry. 5.Require comprehensive monitoring and public reporting of the reduction fishery, including electronic reporting and vessel monitoring. 

The Virginia Marine Resources Commission 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 review the petition. 

A petition for rulemaking was submitted requesting that the Virginia Marine Resources Commission take the following actions:

(1) Impose an immediate moratorium on reduction fishing for menhaden within the Chesapeake Bay, or alternatively, reduce all purse seine fishing within the Bay to 10% of the current total allowable landings, thereby preserving the bait-fishery, until the completion and peer review of the ongoing ASMFC single-species and ecological reference point benchmark stock assessments;
(2) Limit purse seine fishing in state waters to no more than 25% of Virginia’s current total allowable landings (approximately 39,000 metric tons of the 156,600 metric tons allotted to the reduction fishery), with the remainder of harvest to occur in federal waters, until appropriate estimates of menhaden seasonal stocks within the Bay and a clear understanding of the impacts of their removals are available;
(3) Create a permanent 1-nautical mile purse seine exclusion zone along Virginia’s entire shoreline to minimize localized depletion, user conflicts, habitat damage, and bycatch;
(4) Formally request funds from the General Assembly to expand the VIMS Research Planning proposal to study the impacts of reduction fishing on the Bay ecosystem, with at least 50% of costs to be covered by the industry; and
(5) Require comprehensive monitoring and public reporting of the reduction fishery, including electronic reporting and vessel monitoring.

The Virginia Marine Resources Commission published notice of the petition in the Virginia Register of Regulations on January 13, 2025 (Volume 41, Issue 11), following submission on December 20, 2024.

A public comment period was held from January 13 to February 3, 2025. During that time, the Commission received a total of 1,347 comments: 1,325 through Virginia’s Town Hall website, 10 via direct email to VMRC, and 12 through the VMRC website. Of the total comments received, 559 supported the petition and 788 opposed it.

The Commission reviewed the petition at its April 22, 2025 meeting. Twenty-six individuals provided public comment during the meeting. After extensive discussion, including several motions and substitute motions related to Requests #1 through #3, the Commission ultimately voted 6-2 to deny the petition in its entirety.

In its decision, the Commission found that Request #4 does not pertain to regulatory rule-making, and that the agency cannot formally request funding or designate sources of funding from the General Assembly. Request #5 was found to be prohibited under Virginia Code § 28.2-204, Federal Code § 229.11, and the Magnuson-Stevens Fishery Conservation and Management Act, Title IV, Section 402(b), all of which protect confidential fisheries data and prohibit agencies from releasing catch or value information that could disclose individual businesses or identities without a court order. This is commonly referred to as the "Rule of Three.” Although the Board had the option to consider limited additional monitoring under Request #5, it chose not to pursue that option.
Based on public comment, staff analysis, and the lack of presentable new data compared to the data already used for management purposes, the Commission denied the petition for rulemaking.