§ 28.2-1000.1. Authority of Governor to implement menhaden managementmeasures.
A. The Governor may by proclamation implement any menhaden fisheriesmanagement measures, as defined in 16 U.S.C. § 5102(1)(B), whenever theAtlantic States Marine Fisheries Commission requires the Commonwealth toadopt such measures, under the Atlantic Coastal Fisheries CooperativeManagement Act (16 U.S.C. § 5101 et seq.), by a date certain and the GeneralAssembly is neither in session nor is scheduled to be in session to adoptsuch measures by statute on or before such date. However, the Governor shallnot issue a proclamation to implement any measure that has been adopted bythe Atlantic States Marine Fisheries Commission within 30 days of the startof the menhaden fishing season, as specified in § 28.2-410.
B. Prior to issuing such proclamation, the Governor, in consultation with theSecretary of Natural Resources and the Commissioner, shall, in writing:
1. Determine whether the measures are necessary for the conservation of theAtlantic 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 2have not been satisfied, then the Governor shall not issue a proclamation.
C. Except as provided in subsection D, the proclamation shall remain ineffect unless and until superseded by subsequent law. Any measuresimplemented by proclamation pursuant to this section shall be subject tolegislative review under § 2.2-4014, as if these measures were finalregulations.
D. No management measures implemented by proclamation shall remain in effectbeyond the scheduled date of termination of the regular session of theGeneral Assembly following their implementation.
§ 28.2-1000.1. Authority of Governor to implement menhaden managementmeasures.
A. The Governor may by proclamation implement any menhaden fisheriesmanagement measures, as defined in 16 U.S.C. § 5102(1)(B), whenever theAtlantic States Marine Fisheries Commission requires the Commonwealth toadopt such measures, under the Atlantic Coastal Fisheries CooperativeManagement Act (16 U.S.C. § 5101 et seq.), by a date certain and the GeneralAssembly is neither in session nor is scheduled to be in session to adoptsuch measures by statute on or before such date. However, the Governor shallnot issue a proclamation to implement any measure that has been adopted bythe Atlantic States Marine Fisheries Commission within 30 days of the startof the menhaden fishing season, as specified in § 28.2-410.
B. Prior to issuing such proclamation, the Governor, in consultation with theSecretary of Natural Resources and the Commissioner, shall, in writing:
1. Determine whether the measures are necessary for the conservation of theAtlantic 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 2have not been satisfied, then the Governor shall not issue a proclamation.
C. Except as provided in subsection D, the proclamation shall remain ineffect unless and until superseded by subsequent law. Any measuresimplemented by proclamation pursuant to this section shall be subject tolegislative review under § 2.2-4014, as if these measures were finalregulations.
D. No management measures implemented by proclamation shall remain in effectbeyond the scheduled date of termination of the regular session of theGeneral Assembly following their implementation.
§ 28.2-1000.1. Authority of Governor to implement menhaden managementmeasures.
A. The Governor may by proclamation implement any menhaden fisheriesmanagement measures, as defined in 16 U.S.C. § 5102(1)(B), whenever theAtlantic States Marine Fisheries Commission requires the Commonwealth toadopt such measures, under the Atlantic Coastal Fisheries CooperativeManagement Act (16 U.S.C. § 5101 et seq.), by a date certain and the GeneralAssembly is neither in session nor is scheduled to be in session to adoptsuch measures by statute on or before such date. However, the Governor shallnot issue a proclamation to implement any measure that has been adopted bythe Atlantic States Marine Fisheries Commission within 30 days of the startof the menhaden fishing season, as specified in § 28.2-410.
B. Prior to issuing such proclamation, the Governor, in consultation with theSecretary of Natural Resources and the Commissioner, shall, in writing:
1. Determine whether the measures are necessary for the conservation of theAtlantic 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 2have not been satisfied, then the Governor shall not issue a proclamation.
C. Except as provided in subsection D, the proclamation shall remain ineffect unless and until superseded by subsequent law. Any measuresimplemented by proclamation pursuant to this section shall be subject tolegislative review under § 2.2-4014, as if these measures were finalregulations.
D. No management measures implemented by proclamation shall remain in effectbeyond the scheduled date of termination of the regular session of theGeneral Assembly following their implementation.
