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: March 1, 2022, through March 31, 2022.

Agency Contact: Alexa Galvan, Marine Resources Commission, 380 Fenwick Road, Fort Monroe, VA 23551, telephone (757) 247-2069, or email alexa.galvan@mrc.virginia.gov.

Preamble:

The amendment extends the open patent tong season for oyster harvest in the Deep Rock Area to March 15, 2022.

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 this subsection.

1. James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area: October 1, 2021, through April 30, 2022 (hand tong only).

2. Milford Haven: December 1, 2021, through February 28, 2022 (hand tong only).

3. Rappahannock River Area 9: October 1, 2021, through December 31, 2021 (hand tong only).

4. Corrotoman Hand Tong Area: October 1, 2021, through December 31, 2021.

5. Little Wicomico River: October 1, 2021, through December 31, 2021 (hand tong only).

6. Nomini Creek Area: October 1, 2021, through January 31, 2022 (hand tong only).

7. Yeocomico River Area: October 1, 2021, through December 31, 2021 (hand tong only).

8. York River Hand Tong Area: October 1, 2021, through February 28, 2022 (hand tong only).

9. York River Rotation Areas 1 and 2: October 1, 2021, through November 30, 2021 (hand tong only).

10. James River Area 1: October 1, 2021, through November 30, 2021, and February 1, 2022, through February 28, 2022 (hand tong only).

11. James River Areas 2 and 3: October 1, 2021, through October 15, 2021, and February 1, 2022, through February 28, 2022 (hand tong only).

12. Pocomoke Sound Area: December 1, 2021, through February 28, 2022 (hand tong only).

13. Mobjack Bay Area: October 1, 2021, through January 31, 2022 (hand tong only).

14. Rappahannock River Rotation Area 3: November 1, 2021, through November 30, 2021, and January 1, 2022, through January 31, 2022 (hand scrape only).

15. Rappahannock River Area 5: December 1, 2021, through December 31, 2021, and February 1, 2022, through February 28, 2022 (hand scrape only).

16. Great Wicomico River Rotation Area 1: December 1, 2021, through January 31, 2022 (hand scrape only).

17. James River Area 1: December 1, 2021, through January 31, 2022 (hand scrape only).

18. James River Areas 2 and 3: October 18, 2021, through January 31, 2022 (hand scrape only).

19. Upper Chesapeake Bay - Blackberry Hangs Area: February 1, 2022, through February 28, 2022 (hand scrape only).

20. Mobjact Bay Area: February 1, 2022, through February 28, 2022 (hand scrape only).

21. Pocomoke Sound Rotation Area 1: December 1, 2021, through February 28, 2022 (dredge only).

22. Tangier Sound Rotation Area 1: December 1, 2021, through February 28, 2022 (dredge only).

23. Deep Rock Area: December 1, 2021, through February 28 March 15, 2022 (patent tong only).

24. Upper Chesapeake Bay - Blackberry Hangs Area: October 18, 2021, through October 31, 2021 (patent tong only).

25. Rappahannock River Rotation Area 1: October 18, 2021, through February 14, 2022 (patent tong only).

26. Seaside of the Eastern Shore (for clean cull oysters only): November 1, 2021, through March 31, 2022 (by hand and hand tong only).

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 this subsection.

1. James River Seed Area: October 1, 2021, through May 31, 2022 (hand tong only).

2. Deep Water Shoal State Replenishment Seed Area: October 1, 2021, through May 31, 2022 (hand tong only).