Menhaden fishermen, jet ski protestor clash leads to a bill with “teeth”

The Virginia General Assembly has passed HB 928, a bill designed to protect commercial fishermen and their boats from harassment at sea.

The bill passed, 38-1, by the Senate, and, 99-0, by the House and signed by the speaker of the House on March 5 and president of the Senate on March 7. Gov. Glenn Youngkin is expected to sign it into law and the “Governor’s deadline action period” is by April 8.

The bill, sponsored by Delegate Hillary Pugh Kent, R-Warsaw, of the state’s 67th District, increases penalties for harassing watermen to a Class I misdemeanor which is confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

The Class 1 misdemeanor is for any person who knowingly and intentionally interferes with or impedes the operation of commercial fishing activity of a commercial fishing vessel within the territorial waters of the commonwealth.

The bill also deems a person to be ineligible for any hunting or fishing license for a period of one year upon a first conviction of this offense and for a period of three years upon a second or subsequent conviction. The bill also requires any person convicted of a violation of this offense to complete a boating safety education class.

HB 928 was prompted by a dangerous engagement between a jet skier and an Ocean Harvesters menhaden fishing crew, reportedly occurred on Sept. 23, 2023, and was documented in a video by a menhaden spotter pilot.

The incident occurred approximately 1.5 miles east of Buckroe Beach off Hampton, in the Chesapeake Bay. As an Ocean Harvesters’ crew was making a set, the rider of the jet ski ran his boat between the two purse boats and was able to get inside the set and out before the set was completed. This was the third harassment issue by a recreational boater occurring last year, said Monty Diehl, CEO of Ocean Harvesters…