Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1290 - PERTAINING TO RESTRICTIONS ON THE HARVEST OF SHELLFISH AND IN CONDEMNED SHELLFISH AREAS › Section 4VAC20-1290-40 - Permit to relay shellfish from restricted shellfish areas

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful to relay shellfish from a general oyster planting ground within a
				restricted shellfish area without first obtaining a daily restricted shellfish
				area relay permit from the Marine Resources Commission.
B. The daily restricted shellfish area relay
				permit shall be valid for only one calendar day of shellfish relay activities.
				Shellfish area relay activities authorized by issuance of a daily restricted
				shellfish area relay permit shall not begin before 6 a.m. and shall not extend
				beyond 6 p.m.
C. A daily restricted
				shellfish area relay permit shall only be issued to a lawfully licensed oyster
				aquaculture product owner permittee or a clam aquaculture product owner
				permittee.
D. Any person whose
				commercial fisherman registration license, oyster aquaculture product owner
				permit, or clam aquaculture product owner permit is currently revoked or
				rescinded by the Marine Resources Commission pursuant to §
									28.2-232 or
				28.2-528 of the Code of Virginia
				shall not be authorized to possess a daily restricted shellfish area relay
				permit. Any person who fails to pay at any time all fees, all costs, and the
				current annual rent for the general oyster planting ground identified for
				harvest or relay of shellfish shall be subject to either nonissuance or
				termination of that daily restricted shellfish area relay permit.
E. The daily restricted shellfish area relay
				permit shall include (i) the name, address, and telephone number of the
				permittee; (ii) the location of the Virginia Department of Health, Division of
				Shellfish Safety and Waterborne Hazards restricted shellfish area; (iii) the
				general oyster planting ground lease numbers from which the shellfish will be
				harvested; (iv) the location of the Virginia Department of Health, Division of
				Shellfish Safety and Waterborne Hazards approved relay area; (v) the general
				oyster planting ground lease numbers on which the shellfish will be planted;
				(vi) the vessel identification for each vessel used to relay shellfish (Coast
				Guard documentation number, Virginia license number, or hull/VIN number); (vii)
				the vehicle identification number for each vehicle used to relay shellfish
				(Virginia license number or VIN number); (viii) the identification and address
				of any offloading location or facility; and (ix) if cages will be used and
				conform to the provisions established by Pertaining to the Relaying of
				Shellfish (4VAC20-310).
F. Any
				harvesting of shellfish from a restricted shellfish area, including any loading
				of vessels or vehicles, and planting of shellfish from a restricted shellfish
				area shall be conducted under Marine Resources Commission staff supervision.
				All scheduling of harvesting and planting of shellfish from a restricted
				shellfish area shall be determined by the marine police area supervisors based
				on the availability of Marine Resources Commission staff and weather
				conditions. Permittees shall notify the marine police supervisors of the
				restricted shellfish harvest area and corresponding planting area no later than
				one week before any restricted shellfish area relay activities can
				occur.
G. Prior to approval of any
				daily restricted shellfish area relay permit and before issuance of such
				permit, the permittee shall pay the Marine Resources Commission a one-time fee
				of $150.00 for the calendar year in which the shellfish relay will
				occur.
Statutory Authority: §
											28.2-201 of the Code of
					 Virginia.