Authority: Title 18.2, Chapters 1 and 5; Title 19.2, Chapters 1, 5 and 7; Title 28.2, Chapters 1 through 10; Title 29.1, Chapter 7; Title 32.1, Chapter 6; Title 33.1, Chapter 1; and Title 62.1, Chapters 18 and 20, Code of Virginia.

A. The appropriation includes annual membership dues to the Atlantic States Marine Fisheries Commission, $30,000 the first year and $30,000 the second year from the general fund.

B. This appropriation includes annual membership dues to the Potomac River Fisheries Commission, $165,558 the first year and $165,558 the second year from the general fund.

C. Out of the amounts for Marine Life Regulation Enforcement shall be paid into the Marine Patrols Fund, $119,544 the first year and $119,544 the second year, pursuant to § 28.2-108, Code of Virginia. For this purpose, cash shall be transferred from the Commonwealth Transportation Fund.

D. Pursuant to § 58.1-2289 D, Code of Virginia, $153,071 $136,969 the first year and $153,071 $133,885 the second year shall be transferred to Artificial Reef Construction from the Commonwealth Transportation Fund from unrefunded motor fuel taxes for boats.

E. Any unexpended general fund balances designated by the agency for oyster remediation activities remaining in the Marine Life Management Program on June 30, 2003, and June 30, 2004, shall be reappropriated and reallotted to the Marine Resources Commission for expenditure.

F. The amounts for Oyster Propagation and Habitat Improvement include $42,250 the first year and $42,250 the second year from the general fund for the Commission to administer a matching fund grant program for private industry efforts to restore oyster reefs in areas close to the Commission's reef-building efforts.

G. The Commission shall deposit proceeds from the sale of oyster shells, oyster seeds, and other subaqueous materials pursuant to § 28.2-550, Code of Virginia, to the Public Oyster Rock Replenishment Fund established by § 28.2-542, Code of Virginia. The proceeds from such sale shall be used for the same purposes specified in § 28.2-542.

H. Out of the amount for Marine Life Regulation Enforcement is designated $360,349 $166,610 the second year from the general fund for lease payments through the Master Equipment Lease Program for marine patrol vessels and related equipment.

I. The amounts for Oyster Propagation and Habitat Improvement include $65,000 the first year from the general fund for an environmental mitigation project in the City of Virginia Beach.

J. Pursuant to § 28.2-1206, Code of Virginia, when the activity or project for which a permit is requested involves the removal of bottom material in excess of 7.0 million cubic yards to develop a private marine cargo terminal, the permit shall specify a royalty of not more than 20 cents per cubic yard of bottom material removed so long as the dredged material has no commercial value. All such funds received by the Commission shall be deposited into the Marine Habitat and Waterways Improvement Fund and shall be immediately available for uses permitted by law. The Secretary of Natural Resources shall approve the proportional distribution of these funds for appropriations provided pursuant to Items 380, 385, 386 and 397 of this Act.