Final Regulation

Title of Regulation: 4VAC20-1200. Pertaining to Special Oyster Relay Season in the Rappahannock River (adding 4VAC20-1200-10, 4VAC20-1200-20, 4VAC20-1200-30).

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

Effective Date: April 1, 2009.

Agency Contact: Jane Warren, 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 chapter establishes a special oyster relay season in the Rappahannock River at Russ’ and Little Carters rocks in Area 9 open to harvest by hand or ordinary tongs from April 1 through April 30, 2009, and includes daily harvest limits (bushels) and time limits for that harvest.

CHAPTER 1200
PERTAINING TO THE SPECIAL OYSTER RELAY SEASON IN THE RAPPAHANNOCK RIVER

4VAC20-1200-10. Purpose.

The purpose of this chapter is to promote seasonal stability in the marketing of Virginia oysters without negatively impacting that resource.

4VAC20-1200-20. Special oyster relay season and limitations of the river.

A. Those portions of Area 9 in the Rappahannock River known as Russ' and Little Carters rocks shall be open to harvest by hand or ordinary tongs from April 1 through April 30, 2009. The remainder of Area 9 in the Rappahannock River will remain closed during this special relay season.

B. The lawful daily limit of clean cull oysters harvested from Russ' and Little Carters rocks shall be equal to the number of registered commercial fisherman licensees on board the vessel multiplied by 15 bushels. It shall be unlawful to possess on board any vessel or to land more than the lawful daily limit of clean cull oysters described in this section.

C. Russ' and Little Carters rocks are within Condemned Shellfish Growing Area Number 25A-068, and all applicable laws and regulations for the relaying of shellfish shall apply.

D. It shall be unlawful for any person to harvest or attempt to harvest oysters from Russ' and Little Carters rocks prior to sunrise or after 1 p.m.

E. Garrett's Marina at Bowler's Wharf shall be designated as the onshore loading and unloading location for oysters taken from Russ' and Little Carters rocks. It shall be unlawful for any person to load or unload oysters taken from Russ' and Little Carters rocks from any shoreside location except Garrett's Marina at Bowler's Wharf.

F. All laws as set forth in Chapter 8 (§ 28.2-800 et seq.) of Title 28.2 of the Code of Virginia (Health and Sanitation Provisions) and all regulations established by the Marine Resources Commission pertaining to the relaying of shellfish shall apply to this special relay season.

4VAC20-1200-30. Penalty.

A. As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violation is a Class 1 misdemeanor.

B. In addition to the penalty prescribed by law, any person violating any provisions of this chapter shall return all oysters in his possession to the water and shall cease harvesting on that day. All harvesting apparatus shall be subject to seizure, and pursuant to § 28.2-232 of the Code of Virginia, anyone found in violation of this chapter shall be subject to the immediate forfeiture of all oyster licenses and permits until that person appears before the Marine Resources Commission.

C. In addition to the penalty prescribed by § 28.2-802 of the Code of Virginia, any person violating any provisions of this chapter shall destroy all oysters harvested by that person in violation of this chapter in the presence of a marine police officer and shall be subject to the immediate forfeiture of all oyster licenses and permits until appearing before the Marine Resources Commission.