TITLE 4. CONSERVATION AND NATURAL RESOURCES
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 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 4VAC20-720-80).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: January 28, 2011.
Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.
Summary:
The amendment decreases the daily limit of clean cull oysters that may be harvested from the Rappahannock River Rotation Area 4, as described in subdivision 4 of 4VAC20-720-40.
4VAC20-720-80. Quotas and harvest limits.
A. The lawful daily limit of clean cull oysters harvested from the areas as described in subdivisions 3, 4, and 6 through 10 of 4VAC20-720-40 shall be determined by the number of registered commercial fishermen licensees on board the vessel multiplied by 10 bushels. It shall be unlawful to possess on board any vessel or to land more than the daily limit of clean cull oysters.
B. The lawful daily limit of clean cull oysters harvested from the area described in subdivision 4 of 4VAC20-720-40 shall be determined by the number of registered commercial fishermen licensees on board the vessel multiplied by six bushels. It shall be unlawful to possess on board any vessel or land more than the daily limit of clean cull oysters.
B. C. In the area as described in subdivision 5 of 4VAC20-720-40, where harvesting is allowed by dredge, there shall be a harvest limit of 10 bushels per registered commercial fisherman licensee on board the vessel. It shall be unlawful for any registered commercial fisherman licensee to possess more than 10 bushels per day. No blue crab bycatch is allowed. It shall be unlawful to possess on board any vessel more than 250 hard clams.
C. D. Harvesters who export the oysters to an out-of-state market or do not sell the oysters to a licensed and Department of Health certified Virginia buyer but sell the oysters directly to the public for human consumption shall report oysters harvested on a daily basis and pay oyster taxes weekly.
VA.R. Doc. No. R11-2727; Filed January 27, 2011, 2:17 p.m