Title of Regulation: 4VAC20-720. Pertaining to Restrictions on Oyster Harvest (amending 4VAC20-720-40, 4VAC20-720-50).

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

Effective Date: March 1, 2010.

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:

This amendment reopens the Rappahannock River Rotation Area 5 harvest season from March 1, 2010, through March 31, 2010, to the harvest of oysters.

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

The lawful seasons and areas for the harvest of oysters from the public oyster grounds and unassigned grounds are as follows:

1. James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area: October 1, 2009, through April 30, 2010.

2. Seaside of Eastern Shore: for clean cull oysters only, November 1, 2009, through February 28, 2010.

3. Rappahannock River Area 8; Rappahannock River Area 9; the Upper Chesapeake Bay (Blackberry Hangs Hand Scrape Area); the York River and Mobjack Bay Hand Scrape Areas; and Deep Rock Patent Tong Area (Lower Chesapeake Bay): December 1, 2009, through February 28, 2010.

4. Rappahannock River Rotation Area 3: November 1, 2009, through November 30, 2009. The Rappahannock River Rotation Area 5: October 1, 2009, through October 31, 2009, and March 1, 2010, through March 31, 2010.

5. Tangier - Pocomoke Sounds Rotation Area 1: December 1, 2009, through February 28, 2010.

6. The James River Hand Scrape Area and the Thomas Rock Hand Scrape Area (James River): October 1, 2009, through December 1, 2009.

7. The Great Wicomico River Hand Scrape area: November 1, 2009, through January 31, 2010.

4VAC20-720-50. Closed harvest season and areas.

It shall be unlawful for any person to harvest oysters from the following areas during the specified periods:

1. All public oyster grounds and unassigned grounds in the Chesapeake Bay and its tributaries, including the tributaries of the Potomac River, except those areas listed in 4VAC20-720-40, are closed: October 1, 2009, through September 30, 2010.

2. James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area: May 1, 2010, through September 30, 2010.

3. All public oyster grounds and unassigned grounds on the Seaside of Eastern Shore: for clean cull oysters, October 1, 2009, through October 31, 2009, and March 1, 2010, through September 30, 2010, and for seed oysters, all year.

4. Rappahannock River Area 8; Rappahannock River Area 9; Deep Rock Patent Tong Area (Lower Chesapeake Bay); the Upper Chesapeake Bay (Blackberry Hangs Hand Scrape Area); and the York River and Mobjack Bay Hand Scrape Areas: October 1, 2009, through November 30, 2009, and March 1, 2010, through September 30, 2010.

5. The Rappahannock River Rotation Area 3: October 1, 2009, through October 31, 2009, and December 1, 2009, through September 30, 2010. Rotation Area 5: November 1, 2009, through February 28, 2010, and April 1, 2010, through September 30, 2010.

6. Tangier - Pocomoke Sounds Rotation Area 1: October 1, 2009, through November 30, 2009, and March 1, 2010, through September 30, 2010.

7. The James River Hand Scrape Area and the Thomas Rock Hand Scrape Area (James River): January 1, 2010, through September 30, 2010.

8. The Great Wicomico River Hand Scrape Area: October 1, 2009, through October 31, 2009, and February 1, 2010, through September 30, 2010.