§ 28.2-1000.1. Authority of Governor to implement menhaden management measures
A. The Governor may by proclamation implement any menhaden fisheries management measures, as defined in 16 U.S.C. § 5102(1) (B), whenever the Atlantic States Marine Fisheries Commission requires the Commonwealth to adopt such measures, under the Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. § 5101 et seq.), by a date certain and the General Assembly is neither in session nor is scheduled to be in session to adopt such measures by statute on or before such date. However, the Governor shall not issue a proclamation to implement any measure that has been adopted by the Atlantic States Marine Fisheries Commission within 30 days of the start of the menhaden fishing season, as specified in § 28.2-410.
B. Prior to issuing such proclamation, the Governor, in consultation with the Secretary of Natural Resources and the Commissioner, shall, in writing:
1. Determine whether the measures are necessary for the conservation of the Atlantic menhaden fishery, and if so;
2. Determine whether the measures are in accordance with scientific, biological, economic, and social data and information.
If a determination is made that the conditions of subdivisions B 1 and B 2 have not been satisfied, then the Governor shall not issue a proclamation.
C. Except as provided in subsection D, the proclamation shall remain in effect unless and until superseded by subsequent law. Any measures implemented by proclamation pursuant to this section shall be subject to legislative review under § 2.2-4014, as if these measures were final regulations.
D. No management measures implemented by proclamation shall remain in effect beyond the scheduled date of termination of the regular session of the General Assembly following their implementation.
(2005, c. 123.)Sections: Previous 28.2-1000 28.2-1000.1 28.2-1000.2 28.2-1001 28.2-1002 28.2-1003 28.2-1004 28.2-1005 28.2-1006 28.2-1007 Next
Last modified: April 16, 2009