Title of Regulation: 4VAC20-720. Pertaining to Restrictions on Oyster Harvest (amending 4VAC20-720-10, 4VAC20-720-40, 4VAC20-720-50, 4VAC20-720-80).

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

Effective Date: February 1, 2011, through March 1, 2011.

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.

Preamble:

This emergency chapter sets times of closure and other restrictions on the harvest of oysters from all oyster grounds in the Chesapeake Bay and its tributaries, including the tributaries of the Potomac River and on the Seaside of Eastern Shore. This emergency chapter is promulgated pursuant to authority contained in §§ 28.2-201, 28.2-210, 28.2-518, and 28.2-507 of the Code of Virginia. This emergency chapter amends and readopts, as amended, previous 4VAC20-720, which was adopted September 28, 2010, and effective October 1, 2010. The effective date of this emergency chapter, as amended, is February 1, 2011. The termination date of the emergency chapter is March 1, 2011.

Summary:

The amendments (i) open the James River and Thomas Rock hand scrape areas and the Deep Rock patent tong area from February 1 through February 28, 2011; and (ii) lower the limit of clean cull oysters harvested from subdivisions 6 and 9 of 4VAC20-720-40 to six bushels.

4VAC20-720-10. Purpose.

The purpose of this emergency chapter is to protect and conserve Virginia's oyster resource, and promote the preservation of oyster broodstock, which has been depleted by disease, harvesting, and natural disasters.

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, 2010, through April 30, 2011.

2. Seaside of Eastern Shore: for clean cull oysters only, November 1, 2010, through February 28, 2011.

3. Rappahannock River Area 9; the Upper Chesapeake Bay (Blackberry Hangs Hand Scrape Area); Mobjack Bay Hand Scrape Area; and the Great Wicomico River Hand Scrape Area: October 1, 2010, through December 31, 2010.

4. Rappahannock River Rotation Area 4: October 1, 2010, through November 30, 2010, and February 1, 2011, through February 28, 2011.

5. Tangier - Pocomoke Sounds Rotation Area 2: December 1, 2010, through February 28, 2011.

6. The James River Hand Scrape Area and the Thomas Rock Hand Scrape Area (James River): October 1, 2010, through December 31, 2010, and February 1, 2011, through February 28, 2011.

7. The York River Hand Scrape Area: October 1, 2010, through December 31, 2010.

8. The Rappahannock River Multigear Areas:

a. The Rappahannock River Areas 6, 7, and 8: (for hand scrape only) October 1, 2010, through December 31, 2010.

b. The Rappahannock River Areas 6 and 7: (for patent tong only) January 1, 2011, through February 28, 2011.

9. Milford Haven and Deep Rock Patent Tong Area (Lower Chesapeake Bay): October 1, 2010, through December 31, 2010. Deep Rock Patent Tong Area: February 1, 2011, through February 28, 2011.

10. Coan, Little Wicomico, Nomini, and Yeocomico Rivers: October 1, 2010, through December 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, 2010, through September 30, 2011.

2. James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area: May 1, 2011, through September 30, 2011.

3. All public oyster grounds and unassigned grounds on the Seaside of Eastern Shore: for clean cull oysters, October 1, 2010, through October 31, 2010, and March 1, 2011, through September 30, 2011, and for seed oysters, all year.

4. Rappahannock River Area 9; the Upper Chesapeake Bay (Blackberry Hangs Hand Scrape Area); Mobjack Bay Hand Scrape Areas; and the Great Wicomico River Hand Scrape Area: January 1, 2011, through September 30, 2011.

5. The Rappahannock River Rotation Area 4: December 1, 2010, through January 31, 2011, and March 1, 2011, through September 30, 2011.

6. Tangier - Pocomoke Sounds Rotation Area 2: October 1, 2010, through November 30, 2010, and March 1, 2011, through September 30, 2011.

7. The James River Hand Scrape Area and the Thomas Rock Hand Scrape Area (James River): January 1, 2011, through January 31, 2011, and March 1, 2011, through September 30, 2011.

8. The York River Hand Scrape Area: January 1, 2011, through September 30, 2011.

9. Rappahannock River Multigear Areas:

a. The Rappahannock River Areas 6, 7, and 8: (for hand scrape only) January 1, 2011, through September 30, 2011.

b. The Rappahannock River Areas 6 and 7: (for patent tong only) October 1, 2010, through December 31, 2010, and March 1, 2011, through September 30, 2011.

10. Milford Haven and Deep Rock Patent Tong Area: January 1, 2011, through September 30, 2011. Deep Rock Patent Tong Area: January 1, 2011, through January 31, 2011, and March 1, 2011, through September 30, 2011.

11. Coan, Little Wicomico, Nomini, and Yeocomico Rivers: January 1, 2011, through September 30, 2011.

4VAC20-720-80. Quotas and harvest limits.

A. The lawful daily limit of clean cull oysters harvested from the areas as described in subdivisions 3 and 6 through, 7, 8, and 10 of 4VAC20-720-40 shall be determined by the number of registered commercial fishermen licensees on board the vessel multiplied by 10 bushels. It shall be unlawful to possess on board any vessel or to land more than the daily limit of clean cull oysters.

B. The lawful daily limit of clean cull oysters harvested from the area described in subdivision 6 of 4VAC 20-720-40 shall be determined by the number of registered commercial fishermen licensees on board the vessel multiplied by six bushels. It shall be unlawful to possess on board any vessel or to land more than the daily limit of clean cull oysters.

C. The lawful daily limit of clean cull oysters harvested from the area described in subdivision 9 of 4VAC20-720-40 shall be determined by the number of registered commercial fishermen licensees on board the vessel multiplied by six bushels. It shall be unlawful to possess on board any vessel or to land more than the daily limit of clean cull oysters.

B. D. In the area described in subdivision 5 of 4VAC20-720-40, where harvesting is allowed by dredge, there shall be a harvest limit of 10 bushels per registered commercial fisherman licensee on board the vessel. It shall be unlawful for any registered commercial fisherman licensee to possess more than 10 bushels per day. No blue crab bycatch is allowed. It shall be unlawful to possess on board any vessel more than 250 hard clams.

C. E. Harvesters who export the oysters to an out-of-state market or do not sell the oysters to a licensed and Department of Health certified Virginia buyer but sell the oysters directly to the public for human consumption shall report oysters harvested on a daily basis and pay oyster taxes weekly.