REGULATIONS
Vol. 40 Iss. 13 - February 12, 2024

TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Chapter 720
Final

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

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: 4VAC20-720. Pertaining to Restrictions on Oyster Harvest (amending 4VAC20-720-40).

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

Effective Date: February 1, 2024.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248, FAX (757) 247-2002, or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments adjust the 2024 public open oyster harvest season.

4VAC20-720-40. Open oyster harvest season, harvest areas, and harvest limits.

A. It shall be unlawful for any person to harvest oysters from public and unassigned grounds except within the dates and areas and with the harvest gears set forth in this section.

B. It shall be unlawful to harvest clean cull oysters from the public oyster grounds and unassigned grounds except within the seasons and areas and with the harvest gears as described in Table 1 in this subsection.

It shall be unlawful to exceed the daily individual bushel harvest limit or the daily vessel bushel limit of clean cull oysters in Table 1 in this subsection.

Table 1

Clean Cull Oyster Harvest Area, Harvest Dates, Harvest Gear, and Daily Bushel Limits

Harvest Area

Harvest Dates

Harvest Gear

Daily Individual Bushel Limit

Daily Vessel Bushel Limit

Great Wicomico River Rotation Area 1

December 1, 2023, through January 31, 2024, and February 15, 2024, through February 29, 2024

Hand Scrape

8

16

James River Area 1 and 2

October 15, 2023, through February 29, 2024, and March 16, 2024 through March 31, 2024

Hand Scrape

8

16

James River
Area 3

November 1, 2023, through March 15, 2024

Hand Scrape

8

16

Middle Ground

November 1, 2023, through November 15, 2023

Hand Scrape

8

16

Rappahannock River Rotation Area 1

March 1, 2024, through March 15, 2024

Hand Scrape

8

16

Rappahannock River Area 8

January 1, 2024, through January 31 February 14, 2024

Hand Scrape

8

16

Rappahannock River Area 7

December 1, 2023, through December 31, 2023

Hand Scrape

8

16

Rappahannock River Rotation Area 4 2

October 15, 2023, through October 31, 2023 February 15, 2024, through February 29, 2024

Hand Scrape

8

16

Rappahannock River Rotation Area 6

November 1, 2023, through November 30, 2023, and February 1, 2024, through February 29, 2024

Hand Scrape

8

16

Upper Chesapeake Bay - Blackberry Hangs Area

February 1, 2024, through February 29, 2024

Hand Scrape

8

16

York River Rotation Area 1

November 1, 2023, through November 30, 2023, and February 15, 2024, through February 29, 2024

Hand Scrape

8

16

Coan River Area

October 1, 2023, through December 31, 2023

Hand Tong

14

28

Corrotoman Hand Tong Area

October 1, 2023, through March 31, 2024

Hand Tong

14

28

Indian Creek

March 1, 2024, through March 31, 2024

Hand Tong

14

28

James River Area 1 and 2

March 1, 2024, through March 15, 2024, and April 1, 2024, through April 30, 2024

Hand Tong

14

28

James River
Area 3

March 16, 2024, through April 30, 2024

Hand Tong

14

28

James River Seed Area, including the James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area

October 1, 2023, through May 31, 2024

Hand Tong

14

28

Little Wicomico River

October 1, 2023, through December 31, 2023

Hand Tong

14

28

Milford Haven

November 1, 2023, through March 31, 2024

Hand Tong

14

28

Nomini Creek ­Area

October 1, 2023, through December 31, 2023

Hand Tong

14

28

Pocomoke Sound Area Public Ground 9 and 10

November 1, 2023, through March 31, 2024

Hand Tong

14

28

Rappahannock River Area 9

October 1, 2023, through March 31, 2024

Hand Tong

14

28

Yeocomico River Area

October 1, 2023, through December 31, 2023

Hand Tong

14

28

York River Hand Tong Area

November 1, 2023, through March 31, 2024

Hand Tong

14

28

York River Rotation Area 1

October 1, 2023, through October 31, 2023, and December 1, 2023, through February 15, 2024, and March 1, 2024, through March 31, 2024

Hand Tong

14

28

Beasley Bay Area

March 1, 2024, through March 15, 2024

Oyster Dredge

8

16

California Rock Area

November 15, 2023, through November 30, 2023

Oyster Dredge

8

16

Pocomoke Sound Rotation Area 1

December 1, 2023, through February 29, 2024

Oyster Dredge

8

16

Tangier Sound Rotation Area 1

December 1, 2023, through February 29 March 15, 2024

Oyster Dredge

8

16

Larsons Bay Area

December 1, 2023, through February 29, 2024

Patent Tong

8

16

Deep Rock Area

November 1, 2023, through February 29 March 31, 2024

Patent Tong

8

16

Rappahannock River Rotation Area 1

October 15, 2023, through January 31 February 29, 2024

Patent Tong

8

16

Seaside Eastern Shore

November 1, 2023, through March 31, 2024

By Hand or Hand Tong

14

28

C. It shall be unlawful to harvest seed oysters from the public oyster grounds or unassigned grounds, except within the dates and areas and with the harvest gears described in Table 2 in this subsection.

Table 2.

Seed Oyster Harvest Area, Harvest Dates, and Harvest Gear

Harvest Area

Harvest Dates

Harvest Gear

James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area

October 1, 2023, through May 31, 2024

Hand Tong

D. In the Pocomoke and Tangier Sounds Rotation Areas, it shall be unlawful to possess on board any vessel more than 250 hard clams.

E. It shall be unlawful to possess any blue crabs on board any vessel with an oyster scrape or oyster dredge.

F. It shall be unlawful for any person or vessel to harvest oysters with more than one gear type in any single day from the public oyster grounds or unassigned grounds in the waters of the Commonwealth of Virginia.

VA.R. Doc. No. R24-7785; Filed January 25, 2024