4VAC20-650 Establishment of Oyster Sanctuary Areas

REGULATIONS

Vol. 33 Iss. 4 - October 17, 2016

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Chapter 650

Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-650. Establishment of Oyster Sanctuary Areas (amending 4VAC20-650-30).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: October 1, 2016.

Agency Contact: Alicia Nelson, Fisheries Management, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone [phone], or email [e-mail].

Summary:

The amendment specifies that the gear that is prohibited in the oyster sanctuary area is hand scrape, dredge, or patent tong gear.

4VAC20-650-30. Closure of sanctuary areas.

A. All Oyster Sanctuary Areas shall be closed to the harvest of oysters, except that Seaside of the Eastern Shore Oyster Sanctuary Areas shall be closed to the harvest of all shellfish. Any person harvesting oysters or shellfish from the specified areas shall be guilty of a violation of this chapter.

B. It shall be unlawful for any person to possess any hand scrape, dredge, or patent tong gear that could be used to harvest shellfish on public or unassigned oyster grounds within 100 feet of any oyster sanctuary area, and such possession shall be considered as prima facie evidence of a violation of this chapter.

VA.R. Doc. No. R17-4934; Filed September 28, 2016, 12:38 p.m.