28.2-203 - Commission to prepare fishery management plans; standards.
§ 28.2-203. Commission to prepare fishery management plans; standards.
The Commission shall prepare and implement fishery management plans so as topreserve the Commonwealth's exclusive right to manage the fisheries withinits territorial jurisdiction.
Any fishery management plan prepared, and any regulation promulgated toimplement the plan, shall be consistent with the following standards forfishery conservation and management:
1. Conservation and management measures shall prevent overfishing whileachieving the optimum yield from each fishery. The "optimum yield" of afishery means the amount of fish or shellfish which will provide the greatestoverall benefit to the Commonwealth, with particular reference to commercialfishing for food production and to recreational fishing;
2. Conservation and management measures shall be based upon the bestscientific, economic, biological and sociological information available;
3. To the extent practicable, an individual stock of fish shall be managed asa unit throughout the territorial waters of the Commonwealth, andinterrelated stocks of fish shall be managed as a unit or in closecoordination;
4. Conservation and management measures shall not discriminate among usergroups. If it becomes necessary to allocate or assign fishing privilegesamong various user groups, such allocation shall be (i) fair and equitable toall fishermen; (ii) reasonably calculated to promote conservation; and (iii)carried out in such manner that no person acquires an excessive share of suchprivileges;
5. Conservation and management shall, where practicable, promote efficiencyin the utilization of fishery resources, except that no such measure shallhave economic allocation as its sole purpose;
6. Conservation and management measures shall take into account variationsamong, and contingencies in, fisheries, fishery resources, and catches;
7. Conservation and management measures shall, where practicable, minimizeregulatory burdens which inhibit innovation, expansion, and normal businessoperations.
(1984, c. 463, § 28.1-23.1; 1992, c. 836.)