§ 28.2-550. Authority of Commissioner to make certain contracts; fundsreceived to be paid into Public Oyster Rock Replenishment Fund.
A. The Commissioner with the approval of the Commission may contract with anyperson to take or dredge submerged oyster shells or any other subaqueousmaterials from the tidal waters of the Commonwealth, and shall have theauthority to plant, use, or sell such shells or other materials in whatevermanner the Commission deems to be in the best interest of the Commonwealth.
B. The Commissioner, with the approval of the Commission, may contract withany commercial fisherman to engage in replenishment, research, and stockassessment activities in the Commonwealth. The Commission may promulgateregulations establishing criteria for awarding such contracts, including apreference for commercial fishermen actively engaged in the taking orcatching of fish or shellfish who have suffered an adverse economic impactresulting from the implementation of regulations of the Commission regulatingthe seafood and marine resources of the Commonwealth. In determining whethera person is a commercial fisherman actively engaged in the taking or catchingof fish or shellfish, the Commission shall consider, among other relevantevidence, (i) his possession of a license issued pursuant to Article 1 (§28.2-500 et seq.) of this chapter or (ii) his voluntary reporting ofshellfish catches to the Commission.
C. The Commission, when it makes a determination in writing that competitivebidding or competitive negotiation is not feasible or fiscally advantageousto the Commonwealth, may authorize other methods of purchasing andcontracting for seed oysters, house shells, reef shells, shell bed turning,and other goods and services for oyster ground replenishment, includingcontracts with commercial fishermen for replenishment, research, and stockassessment activities as provided in subsection B, which are in the bestinterest of the Commonwealth and which are fair and impartial to suppliers.It may establish pricing for its awards and purchases; use selection methodsby lot; and open, close, and revise its purchases according to changingconditions of the natural resources, markets, and sources of supply.
(1962, c. 636, § 28.1-94.1; 1989, c. 428; 1992, c. 836; 1994, c. 541.)
§ 28.2-550. Authority of Commissioner to make certain contracts; fundsreceived to be paid into Public Oyster Rock Replenishment Fund.
A. The Commissioner with the approval of the Commission may contract with anyperson to take or dredge submerged oyster shells or any other subaqueousmaterials from the tidal waters of the Commonwealth, and shall have theauthority to plant, use, or sell such shells or other materials in whatevermanner the Commission deems to be in the best interest of the Commonwealth.
B. The Commissioner, with the approval of the Commission, may contract withany commercial fisherman to engage in replenishment, research, and stockassessment activities in the Commonwealth. The Commission may promulgateregulations establishing criteria for awarding such contracts, including apreference for commercial fishermen actively engaged in the taking orcatching of fish or shellfish who have suffered an adverse economic impactresulting from the implementation of regulations of the Commission regulatingthe seafood and marine resources of the Commonwealth. In determining whethera person is a commercial fisherman actively engaged in the taking or catchingof fish or shellfish, the Commission shall consider, among other relevantevidence, (i) his possession of a license issued pursuant to Article 1 (§28.2-500 et seq.) of this chapter or (ii) his voluntary reporting ofshellfish catches to the Commission.
C. The Commission, when it makes a determination in writing that competitivebidding or competitive negotiation is not feasible or fiscally advantageousto the Commonwealth, may authorize other methods of purchasing andcontracting for seed oysters, house shells, reef shells, shell bed turning,and other goods and services for oyster ground replenishment, includingcontracts with commercial fishermen for replenishment, research, and stockassessment activities as provided in subsection B, which are in the bestinterest of the Commonwealth and which are fair and impartial to suppliers.It may establish pricing for its awards and purchases; use selection methodsby lot; and open, close, and revise its purchases according to changingconditions of the natural resources, markets, and sources of supply.
(1962, c. 636, § 28.1-94.1; 1989, c. 428; 1992, c. 836; 1994, c. 541.)
§ 28.2-550. Authority of Commissioner to make certain contracts; fundsreceived to be paid into Public Oyster Rock Replenishment Fund.
A. The Commissioner with the approval of the Commission may contract with anyperson to take or dredge submerged oyster shells or any other subaqueousmaterials from the tidal waters of the Commonwealth, and shall have theauthority to plant, use, or sell such shells or other materials in whatevermanner the Commission deems to be in the best interest of the Commonwealth.
B. The Commissioner, with the approval of the Commission, may contract withany commercial fisherman to engage in replenishment, research, and stockassessment activities in the Commonwealth. The Commission may promulgateregulations establishing criteria for awarding such contracts, including apreference for commercial fishermen actively engaged in the taking orcatching of fish or shellfish who have suffered an adverse economic impactresulting from the implementation of regulations of the Commission regulatingthe seafood and marine resources of the Commonwealth. In determining whethera person is a commercial fisherman actively engaged in the taking or catchingof fish or shellfish, the Commission shall consider, among other relevantevidence, (i) his possession of a license issued pursuant to Article 1 (§28.2-500 et seq.) of this chapter or (ii) his voluntary reporting ofshellfish catches to the Commission.
C. The Commission, when it makes a determination in writing that competitivebidding or competitive negotiation is not feasible or fiscally advantageousto the Commonwealth, may authorize other methods of purchasing andcontracting for seed oysters, house shells, reef shells, shell bed turning,and other goods and services for oyster ground replenishment, includingcontracts with commercial fishermen for replenishment, research, and stockassessment activities as provided in subsection B, which are in the bestinterest of the Commonwealth and which are fair and impartial to suppliers.It may establish pricing for its awards and purchases; use selection methodsby lot; and open, close, and revise its purchases according to changingconditions of the natural resources, markets, and sources of supply.
(1962, c. 636, § 28.1-94.1; 1989, c. 428; 1992, c. 836; 1994, c. 541.)
