4VAC20-1210 Pertaining to a Blue Crab Sanctuary

REGULATIONS

Vol. 25 Iss. 19 - May 25, 2009

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Chapter 1210

Final Regulation

REGISTRAR’S NOTICE: The following regulation filed by the Marine Resources Commission is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 12 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-1210. Pertaining to a Blue Crab Sanctuary (adding 4VAC20-1210-10, 4VAC20-1210-20, 4VAC20-1210-30).

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

Effective Date: April 30, 2009.

Agency Contact: Jane Warren, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone [phone], FAX [phone], or email [e-mail].

Summary:

This chapter establishes a closed season for the harvest of crabs in the area described and defined in § 28.2-709 of the Code of Virginia as the blue crab sanctuary. This chapter makes it unlawful for any person to take or catch crabs for commercial purpose from the defined blue crab sanctuary area from May 1 through September 15.

CHAPTER 1210
PERTAINING TO A BLUE CRAB SANCTUARY

4VAC20-1210-10. Purpose.

The purpose of this chapter is to establish open seasons in that area described by § 28.2-709 of the Code of Virginia as a blue crab sanctuary and as described in 4VAC20-1210-20 A for the harvest of crabs for commercial purposes during the lawful crabbing season described in 4VAC20-1040 that pertains to the licensed use of crab pot, peeler pot, crab scrape, crab trap, ordinary trot line, patent trot line, and dip net. Section 28.2-709 of the Code of Virginia authorizes the commission to establish periods of time for the harvest of crabs in this sanctuary.

4VAC20-1210-20. Open seasons and description of blue crab sanctuary.

A. The limits of the blue crab sanctuary area are defined as follows: beginning at the point of origin of the center line of the Hampton Roads Bridge Tunnel facility where such facility commences in the City of Norfolk, Virginia, and following the shoreline in a general easterly direction, and also extending 200' out from the mean low-water mark of such shoreline into the Chesapeake Bay, to Harrison's fishing pier, Ocean View, and thence in a general northerly direction to Thimble Shoal Lighthouse; thence running in approximately a northeasterly direction to Cape Charles Lighthouse, located on Smiths Island; and thence in approximately a southwestern direction to Cape Henry Lighthouse, and bounded by the shoreline; and thence following the shoreline in a general westerly direction back to the point of beginning.

B. It shall be unlawful for any person to take or catch crabs for commercial purposes from the area described in subsection A of this section, except from March 17 through April 30 and September 16 through November 30 of the lawful crabbing season described in 4VAC20-1040 that pertains to the licensed use of crab pot, peeler pot, crab scrape, crab trap, ordinary trot line, patent trot line, and dip net.

4VAC20-1210-30. Penalty.

As set forth in § 28.2-709 of the Code of Virginia, a violation of this chapter is a Class 3 misdemeanor.

VA.R. Doc. No. R09-1940; Filed April 29, 2009, 10:54 a.m.