Administrative Code

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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 25. Pertaining to Pound Net Siting Public Interest Review

4VAC20-25-30. Public comment and commission review.

A. A public comment period shall extend for 30 days from the date of advertisement of the public notice. During the comment period any interested citizen may offer written comment to the commission.

B. The receipt by the commissioner of any protest during the public comment period shall cause the application for a new pound net location to be placed on the next available agenda of the commission for public hearing and review by the commission.

C. In considering the licensing of a pound net at a new location, the commission shall be guided in its deliberation by the provisions of Article XI, Section I of the Constitution of Virginia and the public trust doctrine as defined by the common law of the Commonwealth adopted pursuant to § 1-10 of the Code of Virginia. The commission shall also consider the effects of placement of the pound net at the new location on the following:

1. Other reasonable and permissible uses of the state waters;

2. Marine and fishery resources of the Commonwealth;

3. Tidal wetlands;

4. Adjacent or nearby properties;

5. Water quality; and

6. Submerged aquatic vegetation.

D. Following the public hearing, the commission may issue the pound net license for the new location, deny the license, or issue a license for a modified location.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 8, eff. December 1, 2004.

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