4VAC20-1290 Pertaining to Restrictions on the Harvest of Shellfish and in Condemned Shellfish Areas

REGULATIONS

Vol. 31 Iss. 17 - April 20, 2015

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Chapter 1290

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: 4VAC20-1290. Pertaining to Restrictions on the Harvest of Shellfish and in Condemned Shellfish Areas (adding 4VAC20-1290-10, 4VAC20-1290-20, 4VAC20-1290-30).

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

Effective Date: April 1, 2015.

Agency Contact: Robert O'Reilly, Chief, Fisheries Management Division, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone [phone], FAX [phone], or email [e-mail].

Summary:

This chapter establishes that any area designated as a condemned shellfish area shall not be leased as general oyster planting grounds.

CHAPTER 1290
PERTAINING TO RESTRICTIONS ON THE HARVEST OF SHELLFISH AND IN CONDEMNED SHELLFISH AREAS

4VAC20-1290-10. Purpose.

The purpose of this chapter is to protect and promote the oyster broodstock within the condemned shellfish areas and within the tidal waters of the Commonwealth and to protect the public health.

4VAC20-1290-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context indicates otherwise:

"Restricted shellfish area" means any area designated by the Virginia Department of Health, Division of Shellfish Sanitation, in which it is unlawful for any person, firm, or corporation to take shellfish for any purpose except by permit granted by the Marine Resources Commission as provided in § 28.2-810 of the Code of Virginia.

"Prohibited shellfish area" means any area designated by the Virginia Department of Health, Division of Shellfish Sanitation, in which it is unlawful for any person, firm, or corporation to take shellfish for any purpose.

4VAC20-1290-30. Restrict leasing of condemned shellfish areas.

All unassigned or vacant state-owned bottomland designated as a condemned shellfish area by the Virginia Department of Health, and classified as either restricted shellfish area or prohibited shellfish area for the direct harvest of shellfish, shall not be leased as general oyster planting grounds.

VA.R. Doc. No. R15-4335; Filed March 31, 2015, 4:06 p.m.