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

Statutory Authority: §§ 28.2-201 and 28.2-210 of the Code of Virginia.

Effective Dates: January 31, 2018, through February 23, 2018.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.

Preamble:

The amendments extend the public oyster harvest season in York River Rotation Area 1, Rappahannock River Rotation Area 6, Rappahannock River Area 7, Great Wicomico River Rotation Area 1, and the Upper Chesapeake Bay - Blackberry Hangs Area from January 31, 2018, to February 9, 2018.

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

A. It shall be unlawful for any person to harvest oysters from public and unassigned grounds outside of the seasons and areas set forth in this section.

B. It shall be unlawful to harvest clean cull oysters from the public oyster grounds and unassigned grounds except during the lawful seasons and from the lawful areas as described in the following subdivisions of this subsection.

1. James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area: October 1, 2017, through April 30, 2018.

2. Milford Haven: December 1, 2017, through February 28, 2018.

3. Rappahannock River Area 9: November 1, 2017, through December 31, 2017.

4. Little Wicomico River: October 1, 2017, through December 31, 2017.

5. Coan River Area: October 1, 2017, through December 31, 2017.

6. Yeocomico River Area: October 1, 2017, through December 31, 2017.

7. Nomini Creek Area: October 1, 2017, through December 31, 2017.

8. Mobjack Bay Area: October 1, 2017, through October 31, 2017 (hand tong only) and February 1, 2018, through February 28, 2018 (hand scrape only).

9. York River Rotation Area 1: January 1, 2018, through January 31, February 9, 2018.

10. Rappahannock River Rotation Area 1: October 1, 2017, through November 30, 2017.

11. Rappahannock River Rotation Area 6: November 1, 2017, through November 30, 2017 (patent tong only) and December 1, 2017, through January 31, February 9, 2018. (hand scrape only).

12. Rappahannock River Area 7: December 1, 2017, through January 31, February 9, 2018.

13. Great Wicomico River Rotation Area 1: December 1, 2017, through January 31, February 9, 2018.

14. Upper Chesapeake Bay - Blackberry Hangs Area: December 1, 2017, through January 31, February 9, 2018.

15. James River Hand Scrape Areas 1 and 3: December 1, 2017, through February 28, 2018.

16. James River Hand Scrape Area 2: October 1, 2017, through December 31, 2017.

17. Pocomoke and Tangier Sounds Rotation Area 1: December 1, 2017, through February 28, 2018.

18. Deep Rock Area: December 1, 2017, through February 28, 2018.

19. Seaside of the Eastern Shore (for clean cull oysters only): November 1, 2017, through March 31, 2018.

C. It shall be unlawful to harvest seed oysters from the public oyster grounds or unassigned grounds, except during the lawful seasons. The harvest of seed oysters from the lawful areas is described in the following subdivisions of this subsection.

1. James River Seed Area: October 1, 2017, through May 31, 2018.

2. Deep Water Shoal State Replenishment Seed Area: October 1, 2017, through May 31, 2018.