Fin Fish advisory committee backs extended drift gillnet regulation with safety, hours changes

The Virginia Marine Resources Commission—s Fin Fish Advisory Committee on Feb. 12 recommended regulatory language to add an extended drift gillnet license that would allow permit holders to fish drift gill nets up to 6,000 feet, and asked staff to include safety markings and revised hours.

The committee voted to accept staff recommendations with changes, including removing the proposed fixed season and replacing it with fishing hours that begin a half-hour before sunset and end at 9 a.m., and giving permit holders the option of a radar reflector or an end-marker light on the free end of the net.

The recommended regulation would formally add a license category for an extended drift gillnet fishery that has been run on an experimental basis since 2022. Chris Davis of VMRC's Protected Species Observer Program told the committee the experimental permits initially issued to four harvesters in 2022 expanded to 20 permittees in 2024, and that observers and logbooks documented the fishery's operations and bycatch.

"The fishery itself does lean towards one of our cleaner fisheries we've observed in Chesapeake Bay with minimal bycatch," Chris Davis said, summarizing observer findings.

Staff said the draft regulatory language would limit extended drift gillnetting to the mainstem Chesapeake Bay and Virginia coastal waters out to three nautical miles, and recommended a season in staff materials of June 1 through Sept. 15. At the meeting staff also recommended gear and safety requirements: a VHF-capable all-round light configuration (red over white) mounted 7.5 feet above the waterline at the high-flyer end, a lit end marker, and allowing observers to board vessels for sampling.

"We're recommending right now a season of June 1 to September 15," said Shawna, VMRC regulation staff, during the presentation. She told the committee those dates were a staff starting point based on the multi-year catch record and were open to change after public comment.

Permit holders and other members of the fishing community told the committee they supported a new license but pressed staff on the season start date, markets and how federal bycatch limits would apply. Jacob Jewell, who tested a permit last year, asked the committee to consider opening as early as May 1 to allow fishermen to fish when weather and markets make it profitable.

"My recommendation would be May 1, you know, open it up," Jacob Jewell said.

Staff and several fishermen described the fishery's recent landings and operational details. Reported commercial harvests attributed to this type of fishery were 58,979 pounds in 2022, 52,149 pounds in 2023 and 218,930 pounds in 2024. Observers made about 18 at-sea trips in 2024 and the logbooks recorded roughly 429 self-reported trips; combined those reports represented about 421 fishing days and 425 sets. Most sets used 3.25-inch mesh, average depths were about 37.5 feet, and soak times most commonly ran 2'to—4 hours.

Fishermen and staff also discussed bycatch controls that kick in when the federal quota in the northern zone closes. Davis said that NOAA's bycatch limit (implemented when federal harvests trigger the closure) had been applied and described it as a 500-pound per-trip bycatch cap when it is active. Several commercial commenters urged the committee and staff to work with dealers and ASMFC to structure state-level possession allowances that fit dealer handling and weekly market flows rather than a hard per-trip cap.

The committee's motion accepted staff's regulatory proposal but removed the fixed June—1— September season and replaced it with the revised hours and the proposed safety-marker language; that motion was seconded and carried without objection. Staff said the committee's recommendations and public comments would go with the staff package to the full Marine Resources Commission for consideration at its Feb. 25 meeting.

Public commenters and committee members also raised navigational and safety issues, including how to mark very long nets at night and the difficulty recreational boaters might have seeing the net's float line when it sits 2'to—3 feet below the surface. Fishermen urged clear, enforceable marking requirements (lights, possible radar reflectors and high-flyer flags) and suggested the agency keep flexibility on types of approved lights so operators could use devices appropriate to their boats.

VMRC staff told the committee it will seek public comment on the proposed regulatory text and that the final drafting will reflect committee direction, including the approved hours and the safety-marking details before the commission vote.

Requests for details about license fees, the final number of permits to issue, and dealer reporting standards were left for agency staff to work out during regulation drafting; staff said licensing details and any fee structure will be developed by VMRC's licensing group and included in the rulemaking package.

The committee adjourned the topic after recording its recommendation for the commission.

Ending: The VMRC Fin Fish Advisory Committee's recommendation is advisory; the Virginia Marine Resources Commission will consider the draft regulation and the committee's amendments at its Feb. 25 meeting, at which time the public and committee members can present formal comment.