Title of Regulation: 4VAC20-1320. Pertaining to Establishment of Restricted Area - Maritime Administration James River Reserve Fleet (adding 4VAC20-1320-10 through 4VAC20-1320-50).

Statutory Authority: § 28.2-106.2 of the Code of Virginia.

Effective Date: June 30, 2016.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248 or email jennifer.farmer@mrc.virginia.gov.

Summary:

The purpose of the establishment of this regulation is to enhance the physical security of the James River Reserve Fleet as part of a comprehensive plan to protect the public, environment, and economic interests from sabotage and other subversive acts, accidents, or incidents of a similar nature. This regulation delineates an area within an undefined area already designated by the federal government under 33 CFR 162.270, Restricted areas in vicinity of Maritime Administration Reserve Fleets, and provides the Virginia Marine Police the authority to enforce Virginia law that prohibits entrance into prohibited restricted areas.

CHAPTER 1320
PERTAINING TO ESTABLISHMENT OF RESTRICTED AREA - MARITIME ADMINISTRATION JAMES RIVER RESERVE FLEET

4VAC20-1320-10. Purpose.

The purpose of this chapter is to enhance the physical security of the James River Reserve Fleet as part of a comprehensive plan to protect the public, environment, and economic interests from sabotage and other subversive acts, accidents, or incidents of a similar nature.

This regulation delineates an area within an undefined area already designated by the federal government under 33 CFR 162.270 and provides the Virginia Marine Police the authority to enforce Virginia law that prohibits entrance into prohibited restricted areas.

4VAC20-1320-20. Definitions.

The following words when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Restricted area" means those waters within an area beginning at latitude 37º08.4999992' N, longitude 76º38.4799994' W; thence to latitude 37º07.1885596' N, longitude76º38.4395503 W; thence to latitude 37º06.9585351' N, longitude 76º38.4331102' W; thence to latitude 37º06.4202049' N, longitude 76º38.4158624' W; thence to latitude 37º06.1150372' N, longitude 76º38.5271810' W; thence to latitude 37º06.6400002' N, longitude 76º39.1899998' W; thence to latitude 37º07.8999983' N, longitude 76º39.3400007' W; thence to latitude 37º08.4999986' N, longitude 76º38.6299996' W; thence to latitude 37º08.4999992' N, longitude 76º38.4799994' W, being the point of beginning.

4VAC20-1320-30. Prohibitions.

No vessel or other watercraft, except those owned or controlled by the United States government or the Virginia Marine Police, shall cruise or anchor within the restricted area as defined in 4VAC20-1320-20 any closer than 500 feet of any reserve fleet unit or units unless specific permission to do so has first been granted in each case by the Maritime Administration James River Reserve Fleet.

4VAC20-1320-40. Penalty.

As set forth in § 28.2-106.2 D of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class I misdemeanor.

4VAC20-1320-50. Duration of regulation.

This regulation will remain in effect until the federal rule pertaining to this restricted area expires.