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, 2023, through February 28, 2023.

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.

Preamble:

The amendments extend through February 24, 2023, the hand scrape oyster harvest season in the James River Areas 1, 2, and 3 and in the Rappahannock River Rotation Area 2.

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, 2022, through April 30, 2023 (hand tong only).

2. Milford Haven: November 1, 2022, through March 31, 2023 (hand tong only).

3. Rappahannock River Area 9: October 1, 2022, through March 31, 2023 (hand tong only).

4. Corrotoman Hand Tong Area: October 1, 2022, through March 31, 2023.

5. Little Wicomico River: October 1, 2022, through December 31, 2022 (hand tong only).

6. Nomini Creek Area: October 1, 2022, through January 31, 2023 (hand tong only).

7. Yeocomico River Area: October 1, 2022, through December 31, 2022 (hand tong only).

8. Coan River Area: October 1, 2022, through December 31, 2022 (hand tong only).

9. Indian Creek Area: March 1, 2023, through March 31, 2023 (hand tong only).

10. York River Hand Tong Area: October 1, 2022, through March 31, 2023 (hand tong only).

11. York River Rotation Area 1: November 1, 2022, through March 31, 2023 (hand tong only).

12. Pocomoke Sound Area Public Ground 10: November 1, 2022, through November 15, 2022 (hand tong only).

13. Pocomoke Sound Area Public Ground 9: November 1, 2022, through January 31, 2023 (hand tong only).

14. Rappahannock River Rotation Area 2: December 1, 2022, through January 31 February 24, 2023 (hand scrape only).

15. Rappahannock River Rotation Area 4: October 17, 2022, through November 30, 2022, and February 1, 2023, through February 28, 2023 (hand scrape only).

16. Rappahannock River Area 7: December 1, 2022, through December 31, 2022 (hand scrape only).

17. Rappahannock River Area 8: January 1, 2023, through January 31, 2023 (hand scrape only).

18. Great Wicomico River Rotation Area 2: December 1, 2022, through January 31, 2023 (hand scrape only).

19. James River Areas 1, 2, and 3: October 17, 2022, through February 14 24, 2023 (hand scrape only).

20. Upper Chesapeake Bay - Blackberry Hangs Area: February 1, 2023, through February 28, 2023 (hand scrape only).

21. York River Area 2: January 1, 2023, through February 28, 2023 (hand scrape only).

22. Pocomoke Sound Area Public Ground 9: February 1, 2023, through February 28, 2023 (hand scrape only).

23. Pocomoke Sound Area Public Ground 10: November 15, 2022 through November 30,^, 2022 and February 1, 2023 through February 28, 2023 (hand scrape only).

24. Pocomoke and Tangier Sounds Rotation Area 2: December 1, 2022, through February 28, 2023 (dredge only).

25. Deep Rock Area: November 1, 2022, through March 15, 2023 (patent tong only).

26. Rappahannock River Rotation Area 1: October 17, 2022, through February 28, 2023 (patent tong only).

27. Seaside of the Eastern Shore (for clean cull oysters only): November 1, 2022, through March 31, 2023 (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, 2022, through May 31, 2023 (hand tong only).

2. Deep Water Shoal State Replenishment Seed Area: October 1, 2022, through May 31, 2023 (hand tong only).