TITLE 4. CONSERVATION AND NATURAL RESOURCES
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;
however, the commission is required to publish the full text of final
regulations.
Title of Regulation: 4VAC20-650. Establishment of
Oyster Sanctuary Areas (amending 4VAC20-650-30).
Statutory Authority: § 28.2-201 of the Code of
Virginia.
Effective Date: October 1, 2016.
Agency Contact: Alicia Nelson, Fisheries Management,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-8155, or email
alicia.nelson@mrc.virginia.gov.
Summary:
The amendment specifies that the gear that is prohibited in
the oyster sanctuary area is hand scrape, dredge, or patent tong gear.
4VAC20-650-30. Closure of sanctuary areas.
A. All Oyster Sanctuary Areas shall be closed to the harvest
of oysters, except that Seaside of the Eastern Shore Oyster Sanctuary Areas
shall be closed to the harvest of all shellfish. Any person harvesting oysters
or shellfish from the specified areas shall be guilty of a violation of this
chapter.
B. It shall be unlawful for any person to possess any hand
scrape, dredge, or patent tong gear that could be used to harvest shellfish
on public or unassigned oyster grounds within 100 feet of any oyster sanctuary
area, and such possession shall be considered as prima facie evidence of a
violation of this chapter.
VA.R. Doc. No. R17-4934; Filed September 28, 2016, 12:38 p.m.