reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 340 - PUBLIC PARTICIPATION GUIDELINES › Section 4VAC20-340-30 - Public participation procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The division shall establish and maintain
				a list or lists consisting of persons expressing an interest in the adoption,
				amendment, or repeal of chapters. Any person wishing to be placed on any list
				may do so by writing the agency. In addition, the agency, at its discretion,
				may add to any list any person, organization or publication it believes will be
				interested in participating in the promulgation of chapters. Individuals and
				organizations may be periodically requested to indicate their desire to
				continue to receive documents or be deleted from a list. Individuals and
				organizations may be deleted from any list at the request of the individual or
				organization, or at the discretion of the agency when mail is returned as
				undeliverable.
B. Whenever the
				commission so directs or upon its own initiative, the division may commence the
				chapter adoption process and proceed to draft a proposal according to these
				procedures.
C. The division shall
				use the participatory approach to assist in the development of the proposal or
				use one of the following alternatives:
1.
				Proceed without using the participatory approach if the commission specifically
				authorizes the division to proceed without using the participatory
				approach.
2. Include in the Notice
				of Intended Regulatory Action (NOIRA) a statement inviting comment on whether
				the division should use the participatory approach to assist the division in
				the development of the proposal. If the division receives written responses
				from at least five persons during the associated comment period indicating that
				the division should use the participatory approach, the division will use the
				participatory approach requested. Should different approaches be requested, the
				commissioner shall determine the specific approach to be utilized.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 340 - PUBLIC PARTICIPATION GUIDELINES › Section 4VAC20-340-40 - Transition

Current through Register Vol. 40, No. 24, July 15, 2024
A. All regulatory
				actions for which a NOIRA has been published in The Virginia Register of
				Regulations prior to May 18, 1994 shall be processed in accordance with the
				emergency amendments to
				4VAC20-340-10 et seq., Public
				Participation Guidelines, which are effective from June 29, 1993, until June
				28, 1994, unless sooner modified or vacated or superseded by permanent
				chapters.
B. This chapter shall
				supersede and repeal emergency amendments to
				4VAC20-340-10 et seq. Public
				Participation Guidelines which became effective on June 29, 1993. All
				regulatory actions for which a NOIRA has not been published in The Virginia
				Register of Regulations prior to May 18, 1994 shall be processed in accordance
				with this chapter.
Statutory Authority
§§ 2.2-4007 and 28.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 345 - GENERAL WETLANDS PERMIT FOR EMERGENCY SITUATIONS › Section 4VAC20-345-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to provide an expedited
				  process for the issuance of general wetlands permits to allow applicants to
				  stabilize nonvegetated shorelines during emergency situations following a
				  determination that there is a threat to public or private property or to the
				  health and safety of the public.
Statutory Authority
§§ 28.2-103 and 28.2-1307 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 345 - GENERAL WETLANDS PERMIT FOR EMERGENCY SITUATIONS › Section 4VAC20-345-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Chairman" means the chairman of a local wetland
				  board.
"Commission" means the Marine Resources Commission.
"Commissioner" means the Commissioner of Marine
				  Resources.
"Emergency" means that a significant man-made structure is
				  in clear and imminent danger from continued erosion or storm damage due to
				  severe wave action or storm surge, or the existing condition is a direct result
				  of catastrophic erosion or other rapid or unusual loss of land attributable to
				  a specific storm event or natural calamity.
"Structure" means a man-made permanent construction
				  installed in or on the property (e.g., dwellings, garages, commercial
				  buildings, septic systems, or adjacent erosion control structures).
"Wetlands board" or "board" means a local wetlands board
				  created pursuant to § 28.2-1303 of the Code of Virginia.
Statutory Authority
§§ 28.2-103 and 28.2-1307 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 345 - GENERAL WETLANDS PERMIT FOR EMERGENCY SITUATIONS › Section 4VAC20-345-30 - Authority and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				At present, the only emergency authorization is that provided in subdivision 8
				of § 3 of § 28.2-1302 of the Code of Virginia. That section of the
				model wetlands zoning ordinance provides statutory authorization for "emergency
				measures decreed by any duly appointed health officer of a governmental
				subdivision acting to protect the public health." This authorization has rarely
				been invoked. Even if it were, it would not likely address the type of
				shoreline erosion situations that might arise as a result of a significant
				coastal storm event. This chapter is designed to establish the criteria and
				qualifications for an emergency wetlands general permit. It also sets forth the
				procedures and conditions for applying for and the processing of an emergency
				wetlands permit.
B. A principal
				objective of this general wetlands permit is a streamlined application and
				public interest review process whereby waterfront property owners can obtain
				authorization to install a shoreline protection structure or reinstall or
				repair previously authorized shoreline protection structures. If applying to
				replace a shoreline structure that was destroyed by a storm event (e.g.,
				bulkhead or revetment), the previous structure must have been intact and
				serviceable prior to the storm event.
C. Erosion must be ongoing and a
				determination made that failure to act in an expeditious manner will threaten
				either the applicant's property or adjoining properties or has the potential to
				adversely impact the public health, safety or welfare. In general, this will
				require that a dwelling or some other structure be located within 50 feet of
				the mean high water shoreline. The waterfront property owner must apply for the
				general wetlands permit within 30 days of the significant storm event or
				emergency cited.
D. The general
				wetlands permit is valid only in those localities which have elected to adopt
				and locally administer the tidal wetlands zoning ordinance. In addition, the
				provisions of the state general wetlands permit shall not conflict with any
				other federal permits (nationwide or regional) or authorizations that govern
				emergency activities in tidal wetlands. The general wetlands permit may not be
				used to authorize any new groin or jetty structure.
E. This general permit shall not apply in
				areas where a coastal primary sand dune or beach permit would also be required
				for a given project pursuant to Chapter 14 (§ 28.2-1400 et seq.) of Title
				28.2 of the Code of Virginia.
Statutory Authority
§§ 28.2-103 and 28.2-1307 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 345 - GENERAL WETLANDS PERMIT FOR EMERGENCY SITUATIONS › Section 4VAC20-345-40 - Procedures for issuing permit

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The commissioner or his designee, Chief, Habitat Management Division, will
				oversee administration of the provisions of the general wetlands
				permit.
B. An approved
				Local-State-Federal Permit Application form, or the abbreviated General Permit
				#4 Application form, must be completed and filed in accordance with the
				instructions contained therein. This application may be submitted directly to
				the chairman or board in those localities that have adopted and are locally
				administering the local wetlands zoning ordinance.
C. The board chairman, or vice-chairman in
				his absence, is empowered to issue the general wetlands permit upon a finding
				by the local wetlands board that:
1. An
				emergency exists and vegetated wetlands would not be impacted by the project.
				This finding shall be verified by a subsequent site inspection of the property
				by at least two members of the board.
2. The environmental impacts associated with
				issuance of the general wetlands permit are minimal and fall below a
				predetermined threshold or level of resource impacted. This level of impact
				will be an average of one square foot per running foot of shoreline.
3. The activities authorized under the
				general wetlands permit will have minimal impact on any adjoining property
				owner. In the event potential impacts are deemed to exceed this minimum,
				written concurrence by the adjoining property owner will be required.
4. The proposed structure, and its placement,
				meet standard regulatory guidelines and would, in the opinion of the chairman,
				likely be authorized or approved by the other state and federal regulatory
				agencies.
5. The proposed
				stabilization, materials and the encroachment sought are the minimum necessary
				to address the situation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 345 - GENERAL WETLANDS PERMIT FOR EMERGENCY SITUATIONS › Form - FORMS (4VAC20-345)

Current through Register Vol. 40, No. 24, July 15, 2024
VMRC 30-300, Local-State-Federal Permit Application
				  Form.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 350 - PERTAINING TO PROHIBITING THE SALE OF BILLFISH › Section 4VAC20-350-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to provide for the
				  conservation of the billfish resource off of the coast of Virginia by
				  preventing the development of a commercial fishery through a prohibition of
				  sale of billfish. The chapter supports the objectives of federal and interstate
				  management measures for the Atlantic billfishes. The primary intent of these
				  management measures is to optimize use of billfish by allowing harvest for
				  recreational purposes only. Assessments that the billfish resource will not
				  support added fishing pressure without causing stock
				  declines.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 350 - PERTAINING TO PROHIBITING THE SALE OF BILLFISH › Section 4VAC20-350-20 - Definition

Current through Register Vol. 40, No. 24, July 15, 2024
The following word and term, when used in this chapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Billfish" means any fish of the species Istiophorus
				  platypterus (sailfish), Tetrapturus albidus (white marlin), Makaira nigricans
				  (blue marlin), and Tetrapturus pfluegeri (longbill
				  spearfish).
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 350 - PERTAINING TO PROHIBITING THE SALE OF BILLFISH › Section 4VAC20-350-30 - Prohibition of sale

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to buy, sell, offer for
				  sale, possess with intent to sell, barter, or exchange
				  billfish.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 350 - PERTAINING TO PROHIBITING THE SALE OF BILLFISH › Section 4VAC20-350-40 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 360 - CRITERIA FOR THE SITING OF MARINAS OR COMMUNITY FACILITIES FOR BOAT MOORING › Section 4VAC20-360-10 - Objective

Current through Register Vol. 40, No. 24, July 15, 2024
As a result of increasingly intensive development through
				  the subdivision of lands adjacent to waters of the Commonwealth, the commission
				  finds it necessary to develop more detailed criteria for the siting of
				  facilities to serve the needs of boaters in order to protect, conserve and
				  manage properly the natural resources of the Commonwealth for the reasonable
				  and beneficial use of all its citizens.
Statutory Authority
§§ 28.2-201 and 28.2-1204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 360 - CRITERIA FOR THE SITING OF MARINAS OR COMMUNITY FACILITIES FOR BOAT MOORING › Section 4VAC20-360-20 - Goals

Current through Register Vol. 40, No. 24, July 15, 2024
The goals of the commission are to:
1. Insure that its decisions concerning use
				of the Commonwealth's natural resources are consistent with the Constitution
				and laws of Virginia.
2. Develop
				and administer siting criteria consistent with the Chesapeake Bay initiatives
				and the Governor's commitments contained in the 1987 Chesapeake Bay
				Agreement.
3. Maintain all
				fisheries resources, and where possible, enhance production on both public and
				private currently productive or potentially productive shellfish
				grounds.
4. Discourage the
				acquisition of private shellfish leases for any purpose other than the
				propagation of shellfish.
5.
				Accommodate, wherever possible, all reasonable and permissible uses of state
				waters and state-owned bottomlands.
6. Promote navigational safety.
7. Protect private riparian rights while
				facilitating public access to, and use of state waters to the maximum
				practicable extent.
8. Promote best
				management practices which protect and, where possible, enhance water
				quality.
Statutory Authority
§§ 28.2-201 and 28.2-1204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 360 - CRITERIA FOR THE SITING OF MARINAS OR COMMUNITY FACILITIES FOR BOAT MOORING › Section 4VAC20-360-30 - Background

Current through Register Vol. 40, No. 24, July 15, 2024
The pressures to develop shoreline property and state-owned
				  subaqueous lands are increasing at an unprecedented rate. Boat mooring
				  facilities have become an attractive and effective mechanism to enhance the
				  marketing of subdivided lots in proximity to state waters.
In the process of providing mooring facilities to serve such
				  developments, private benefits are realized but public detriments are often
				  increased. Automatic shellfish closures may result; water quality can
				  deteriorate; habitat values can be irrevocably affected and the character of
				  the water body can be permanently changed.
The Commonwealth is historically a key shellfish producing
				  state. Unfortunately, current shellfish leasing practices encourage the
				  acquisition of shellfish leases by developers in order to eliminate or reduce
				  opposition to seasonal shellfish closures which may result from the siting of
				  mooring facilities.
In order to protect public health, the Bureau of Shellfish
				  Sanitation of the state Department of Health has established a policy which
				  requires the establishment of buffer zones around boat mooring facilities
				  within which shellfish cannot be harvested for direct marketing during the
				  months of April through October. These buffer zones are as follows:
1. 0-50 slips - 1/8 mile in all
				directions;
2. 51-100 slips - 1/4
				mile in all directions;
3. Over 100
				slips - 1/2 mile in all directions.
As a result of this policy, the State Water Control Board,
				  also as a matter of policy, considers it a violation of water quality standards
				  if a proposed facility will result in a seasonal shellfish closure. The
				  commission is required by law to give due consideration to water quality
				  standards established by the Water Control Board and to enforce the shellfish
				  closures established by the Department of Health.
Statutory Authority
§§ 28.2-201 and 28.2-1204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 360 - CRITERIA FOR THE SITING OF MARINAS OR COMMUNITY FACILITIES FOR BOAT MOORING › Section 4VAC20-360-40 - Policy

Current through Register Vol. 40, No. 24, July 15, 2024
A comprehensive siting review process for boat mooring
				  facilities requiring permits from the commission is necessary to insure that
				  permit decisions comply with statutory requirements and the legislative mandate
				  that our natural resources be maintained and conserved for present and future
				  generations. All public and private interests will be carefully considered in
				  this review. As the size, density, complexity and range of services offered by
				  a proposed facility increase, so shall the detail in design and implementation
				  of best management practices in its siting, construction and operation.
				  Minimizing adverse environmental impacts shall be the ultimate goal in all
				  phases of planning, siting construction and operation. Furthermore, the
				  acquisition of shellfish leases which may be affected by a seasonal shellfish
				  closure around a proposed facility will be given no weight and absent
				  mitigating circumstances will be viewed as a negative factor by the commission
				  in its evaluation of the facility.
Statutory Authority
§§ 28.2-201 and 28.2-1204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 360 - CRITERIA FOR THE SITING OF MARINAS OR COMMUNITY FACILITIES FOR BOAT MOORING › Section 4VAC20-360-50 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
For purposes of standardization, the definitions contained
				  in Article 1 of Part I of the Department of Health regulations,
				  12VAC5-570-10 et seq., Sanitary
				  Regulations for Marinas and Boat Moorings, will pertain. For reference
				  purposes, the following two definitions are reproduced here:
"Marina means any installation operating under public or
				  private ownership, which provides dockage or moorage for boats (exclusive of
				  paddle or row boats) and provides, through sale, rental or fee basis, any
				  equipment, supply or service (fuel, electricity or water) for the convenience
				  of the public or its leasee, renters or users of its facilities."
"Other places where boats are moored means any installation
				  operating under public or private ownership which provides dockage, moorage or
				  mooring for boats (exclusive of paddle or row boats) either on a free rental or
				  fee basis or for the convenience of the public."
For purposes of this chapter, "other place where boats are
				  moored" and "community facility for boat mooring" are interchangeable.
Additionally, since community facilities increase
				  significantly the value of the upland property they are intended to serve, the
				  commission has a long standing policy that such facilities are classified as
				  commercial in nature. Accordingly, only noncommercial, private piers placed by
				  individual owners of riparian lands in the waters opposite such riparian lands
				  are considered statutorily exempt from public interest
				  review.
Statutory Authority
§§ 28.2-201 and 28.2-1204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 360 - CRITERIA FOR THE SITING OF MARINAS OR COMMUNITY FACILITIES FOR BOAT MOORING › Section 4VAC20-360-60 - General siting criteria

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the criteria contained on pages 8 and 9 of the
				  current Subaqueous Guidelines promulgated by the commission in 1979 and revised
				  in 1986, the following should be considered by the applicant in planning and
				  will be considered by the commission during the public interest review of each
				  application for recreational boat mooring facilities.
1. The physical dimensions and
				characteristics of the water body should be compatible with the size of the
				marina and the type of vessels it will house. For example, a shallow cove or
				basin is not an appropriate site for a deep draft sailboat marina.
2. Marinas shall have sufficient upland area
				to provide all necessary parking, stormwater management BMP's, fuel, and
				sanitary facilities without filling wetlands or subaqueous bottom.
3. All marinas should be located in areas
				with good natural flushing to minimize the build-up of organic material and
				other pollutants on the bottom.
4.
				Marinas should not be sited close to areas of very high natural resource value
				such as shellfish beds, seagrass communities and areas frequented by endangered
				species.
5. The transfer of control
				of shellfish leases in order to accommodate marina development is generally
				unacceptable.
6. Projects that by
				their cumulative impact will result in dense concentrations of boats in one
				area will be critically evaluated as to their impacts on natural resources;
				however, in densely populated areas, concentration of slips in a single
				facility may be justified to prevent disturbance at undeveloped
				shorelines.
Statutory Authority
§§ 28.2-201 and 28.2-1204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 360 - CRITERIA FOR THE SITING OF MARINAS OR COMMUNITY FACILITIES FOR BOAT MOORING › Section 4VAC20-360-70 - Specific siting guidelines

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				For community piers and marina facilities which are appurtenances to
				residential developments, the number of slips will not necessarily be
				predicated by the number of units on the property.
B. The dredging of access channels should be
				limited to the minimum dimensions necessary for navigation and should avoid
				sensitive areas such as wetlands, shellfish grounds and seagrass
				beds.
C. Dredged material disposal
				areas for initial as well as future disposal needs should be clearly defined
				and designated.
D. Dredged areas
				should be no more than one foot deeper than controlling depths in the waterway
				and should be connected to natural channels of similar depth.
E. Piers and wharves crossing vegetated
				wetland and seagrass areas should be limited to the minimum necessary for water
				access.
F. Where vegetated areas
				are crossed, the height of the pier above the substrate should be equal to one
				foot less than its width with a three foot minimum required.
G. Site specific stormwater management BMP's
				are required (such as buffer strips, grassed swales, wet detention ponds and
				permeable parking surfaces).
H. A
				solid waste disposal and recovery plan with facilitated marina user access
				shall accompany marina development plans.
I. Sanitary facilities and pumpout facilities
				convenient to marina users should accompany development plans.
J. All fuel facilities shall incorporate
				automatic shutoff valves and shall have spill contingency plans.
K. Methods of insuring against the discharge
				of wastes, gray water, fuels, bilge wastes and the use of TBT paints shall be
				provided.
L. Facilities
				incorporating boat maintenance operations shall include plans for the efficient
				collection and removal of sand blasting material, paint chips and other
				by-products of maintenance operations.
Statutory Authority
§§ 28.2-201 and 28.2-1204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 360 - CRITERIA FOR THE SITING OF MARINAS OR COMMUNITY FACILITIES FOR BOAT MOORING › Section 4VAC20-360-80 - Best management practices (BMP's)

Current through Register Vol. 40, No. 24, July 15, 2024
In order to reduce discharge of nonpoint source pollutants
				  into state waters, the commission will require the applicant to demonstrate how
				  appropriate BMP's will be incorporated into both the upland development plan
				  associated with the facility as well at the Erosion and Sediment (E & S)
				  Control Plan required by local government.
The commission may require, as a condition of any permit
				  issued, that BMP structures be completed before any slips can be occupied and
				  that the permittee cooperate fully with local governmental agencies in
				  complying with the E & S Plan, including maintenance of any required BMP
				  structures. An appropriate surety bond or letter of credit may be required to
				  ensure proper installation, stabilization and maintenance of any vegetative or
				  structural measures.
Statutory Authority
§§ 28.2-201 and 28.2-1204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 360 - CRITERIA FOR THE SITING OF MARINAS OR COMMUNITY FACILITIES FOR BOAT MOORING › Section 4VAC20-360-90 - Siting criteria check list

Current through Register Vol. 40, No. 24, July 15, 2024
The following criteria will be considered by the commission
				  in determining whether, and upon what condition to issue any permit for a boat
				  mooring facility. In addition, the commission may consider other factors
				  relevant to a specific project or application.
Criteria
Undesirable
Desirable
Water Depth
Less than 3 ft. mlw
Greater than 3 ft. mlw
Salinity
Suitable for shellfish growth
Unsuitable for shellfish growth
Water Quality
Approved, conditionally approved or seasonally approved
						  for shellfish harvesting
Closed for direct marketing of shellfish. Little or no
						  potential for future productivity
Designated Shellfish Grounds
Private leases or public oyster ground in proximity
No private leases or public ground within affected area.
						  No potential for future productivity
Maximum Wave Height
Greater than 1 ft.
Less than 1 ft.
Current
Greater than 1 knot
Less than 1 knot
Dredging
Requires frequent dredging
Does not require frequent maintenance
No suitable site for dredged material
Suitable site for all dredged material
Flushing Rate (Tidal Exchange)
Inadequate to maintain water quality
Adequate to maintain water quality
Proximity to Natural or Improved Channel
Greater than 50 ft. to navigable water depths
Less than 50 ft. to navigable channel
Threatened or Endangered Species
Present as defined in existing chapters, or project has
						  potential to affect habitat
Absent; project will not affect
Adjacent Wetlands
Cannot maintain suitable buffer
Suitable buffer to be maintained
Navigation & Safety
Water body difficult to navigate or presently
						  overcrowded conditions exist
Navigation not impeded
Existing Use of Site
Presently used for skiing, crabbing, fishing, swimming
						  or other potentially conflicting uses
Not presently used for skiing, fishing, swimming or
						  other recreational use
Submerged Aquatic Vegetation
Present
Absent
Shoreline
Bulkheading Required
Shoreline protected
Stabilization
by natural or planted vegetation or riprap
Erosion Control Structures
Groins and/or jetties necessary
No artificial structures needed
Finfish Habitat Usage
Important spawning and nursery area
Unimportant area for spawning or nursery for any
						  commercially or recreationally valuable species
Statutory Authority
§§ 28.2-201 and 28.2-1204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 360 - CRITERIA FOR THE SITING OF MARINAS OR COMMUNITY FACILITIES FOR BOAT MOORING › Section - DOCUMENTS INCORPORATED BY REFERENCE (4VAC20-360)

Current through Register Vol. 40, No. 24, July 15, 2024
Subaqueous Guidelines, Marine Resources Commission, Revision
				  1986.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 370 - PERTAINING TO THE CULLING OF CRABS › Section 4VAC20-370-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to aid in enforcing the
				  provisions of § 28-2.708 of the Code of Virginia and to protect and
				  conserve the blue crab resource.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 370 - PERTAINING TO THE CULLING OF CRABS › Section 4VAC20-370-15 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Dark sponge crab" means the adult female hard crab which
				  has extruded her eggs on the abdomen or abdominal flap and the eggs have
				  developed a coloration ranging from any shade of brown through black.
"Operations office" means Marine Resource Commission Law
				  Enforcement Operations Office.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 370 - PERTAINING TO THE CULLING OF CRABS › Section 4VAC20-370-20 - Culling requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				crabs taken from the tidal waters of Virginia shall be culled to the legal size
				and possession limits by the catcher at the location of the harvest.
B. The catcher shall use culling containers
				(other than bushel baskets and barrels normally used for crabs) for the purpose
				of culling crabs during the harvesting process. Crabs placed loose in any boat
				are subject to be culled at any time. The provisions of this section shall not
				apply to the harvesting of crabs from a licensed crab trap (crab
				pound).
C. During culling, all
				undersize crabs shall be immediately returned to the water as required by
				§ 28.2-708 of the Code of Virginia.
D. From March 17 through June 15, it shall be
				unlawful for any person to possess for a period longer than is necessary for
				immediate determination of the presence of a dark egg mass more than 10 dark
				sponge crabs per United States standard bushel or 35 dark sponge crabs per
				barrel, and the following conservation measures shall be in effect:
1. During culling, those dark sponge crabs in
				excess of the allowance level shall be immediately returned to the water alive
				and shall not be altered or destroyed in any manner.
2. It shall be unlawful for any person to
				possess for a period longer than is necessary for immediate determination of
				unnatural removal of eggs, a female blue crab that has been scrubbed or has in
				any manner other than natural hatching had the eggs removed
				therefrom.
3. Any marine patrol
				officer may grade or cull any number of barrels, baskets, or containers of
				crabs in any person's possession. If the officer finds more than 10 dark sponge
				crabs per United States standard bushel or 35 per barrel, he shall seize the
				entire quantity of crabs in or from each such container, and the person who
				possessed the crabs shall immediately return them to the water. Refusal to
				return the crabs to the water is a separate offense from any other
				violation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 370 - PERTAINING TO THE CULLING OF CRABS › Section 4VAC20-370-30 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A. As set forth in
				§ 28.2-708 of the Code of Virginia, any person violating any provision of
				this chapter other than subsections D and E of
				4VAC20-370-20 shall be guilty of a
				Class 3 misdemeanor.
B. As set
				forth in § 28.2-903 of the Code of Virginia, any person violating any
				provision of subsections D and E of
				4VAC20-370-20 shall be guilty of a
				Class 3 misdemeanor, and a second or subsequent violation of any provision of
				subsections D and E of
				4VAC20-370-20 committed by the same
				person within 12 months of a prior violation is a Class 1
				misdemeanor.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 380 - PERTAINING TO GREY TROUT (WEAKFISH) › Section 4VAC20-380-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to maintain the target
				  fishing mortality rate for grey trout in order to maintain a sustainable grey
				  trout population. This chapter is designed to be consistent with federal and
				  interstate management measures.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 380 - PERTAINING TO GREY TROUT (WEAKFISH) › Section 4VAC20-380-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Fishing year" means the time period of April 1 through March
				  31.
"Grey trout" means any fish of the species Cynoscion
				  regalis.
"Snout" means the most forward projection from a fish's head
				  that includes the upper and lower jaw.
"Total length" means the length of a fish measured from the
				  most forward projection of the snout, with the mouth closed, to the tip of the
				  longer lobe of the tail (caudal) fin, measured with the tail compressed along
				  the midline, using a straight-line measure, not measured over the curve of the
				  body.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 380 - PERTAINING TO GREY TROUT (WEAKFISH) › Section 4VAC20-380-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 380 - PERTAINING TO GREY TROUT (WEAKFISH) › Section 4VAC20-380-31 - Grey trout harvested by commercial pound net

Current through Register Vol. 40, No. 24, July 15, 2024
A. The open seasons on grey trout harvested
				by pound net shall be April 1 through April 30 and May 23 through September 12.
				The restricted seasons on grey trout harvested by pound net shall be May 1
				through May 22 and September 13 through March 31 except as provided in
				subdivision 1 of this subsection.
1. Any
				pound net fisherman who holds two or three pound net licenses in accordance
				with the provisions of 4VAC20-600 may forfeit only one of those licenses to
				operate under the rules for an open season as established in this section
				during a restricted season in the current fishing year. Any pound net fisherman
				who holds four, five, or six pound net licenses in accordance with the
				provisions of 4VAC20-600 may forfeit only two of those licenses to operate
				under the rules for an open season as established in this section during a
				restricted season in the current fishing year. Any pound net fisherman who
				holds seven, eight, or nine pound net licenses in accordance with the
				provisions of 4VAC20-600 may forfeit only three of those licenses to operate
				under the rules for an open season as established in this section during a
				restricted season in the current fishing year. Forfeiture of any license shall
				be through March 31 of each fishing year and shall occur prior to May 1 of each
				fishing year.
2. Any pound net
				licensee who forfeits a license pursuant to subdivision 1 of this subsection
				shall retain his priority rights to such locations for future licensing until
				April 1 of the following fishing year. Any pound net fisherman who forfeits one
				or more pound net licenses may reclaim such licenses during the period of March
				15 of the current fishing year through April 1 of the following fishing year
				but shall not set or fish any pound nets provided for by such licenses prior to
				April 1.
3. Those pound net
				licensees who hold multiple gear licenses and satisfy the requirement of
				subdivision 1 of this subsection may transfer an unused license to a licensee
				who holds a single pound net license.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 380 - PERTAINING TO GREY TROUT (WEAKFISH) › Section 4VAC20-380-32 - Grey trout harvested by commercial gill net

Current through Register Vol. 40, No. 24, July 15, 2024
A. The open seasons on grey trout harvested
				by gill net shall be April 1 through May 13, October 21 through December 30,
				and March 16 through March 31. The restricted seasons on grey trout harvested
				by gill net shall be May 14 through October 20 and December 31 through March
				15.
B. It shall be unlawful for
				any person fishing with gill nets at any time to land or possess any grey trout
				less than 12 inches in total length.
C. During any open season described in this
				section, it shall be unlawful for any person fishing with a gill net to exceed
				the vessel possession limit for grey trout of 100 pounds per day or trip,
				whichever is the longer period of time.
D. During any restricted season described in
				this section, it shall be unlawful for any person fishing with a gill net to
				exceed the vessel possession limit for grey trout of 100 pounds per day or
				trip, whichever is the longer period of time. Also, during any restricted
				season, it shall be unlawful for any person to land or possess any quantity of
				grey trout that is more than the total weight of all other species on board the
				vessel.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 380 - PERTAINING TO GREY TROUT (WEAKFISH) › Section 4VAC20-380-33 - Grey trout harvested by commercial trawl

Current through Register Vol. 40, No. 24, July 15, 2024
A. The open season on landing grey trout
				harvested by trawl shall be April 1 through September 25. The restricted season
				on landing grey trout harvested by trawl shall be September 26 through March
				31.
B. During any open season
				described in this section, it shall be unlawful for any trawl boat to land or
				possess more than 100 grey trout less than 12 inches in total length, and it
				shall be unlawful to sell or purchase any grey trout less than 12 inches in
				total length from a commercial trawl vessel.
C. During any restricted season described in
				this section, it shall be unlawful for any trawl boat to land or possess any
				grey trout less than 12 inches in total length.
D. During any open season described in this
				section, it shall be unlawful for any trawl vessel to exceed the vessel
				possession limit for grey trout of 100 pounds per day or trip, whichever is the
				longer period of time.
E. During
				any restricted season described in this section, it shall be unlawful to exceed
				the vessel possession limit for grey trout of 100 pounds per day or trip,
				whichever is the longer period of time. Also, during any restricted season, it
				shall be unlawful for any trawl vessel to land or possess any quantity of grey
				trout that is more than the total weight of all other species on board the
				vessel.
F. It shall be unlawful for
				any trawl boat to land grey trout in Virginia while possessing on board any
				trawl net having a cod-end mesh less than three inches, stretched
				measure.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 380 - PERTAINING TO GREY TROUT (WEAKFISH) › Section 4VAC20-380-34 - Grey trout harvested by commercial haul seine

Current through Register Vol. 40, No. 24, July 15, 2024
A. The open seasons on grey trout harvested
				by haul seine shall be April 16 through June 10 and August 21 through September
				24. The restricted seasons on grey trout harvested by haul seine shall be April
				1 through April 15, June 11 through August 20, and September 25 through March
				31.
B. During any open season
				described in this section, there shall be no minimum size limit on grey trout
				for any person fishing with haul seine.
C. During any restricted season described in
				this section, it shall be unlawful for any person fishing with a haul seine to
				land or possess any grey trout less than 12 inches in total length.
D. During any open season described in this
				section, it shall be unlawful for any person fishing with a haul seine to
				exceed the vessel possession limit for grey trout of 100 pounds per day or
				trip, whichever is the longer period of time.
E. During any restricted season described in
				this section, it shall be unlawful for any person fishing with a haul seine to
				exceed the vessel possession limit for grey trout of 100 pounds per day or
				trip, whichever is the longer period of time. Also, during any restricted
				season, it shall be unlawful for any person to land or possess any quantity of
				grey trout that is more than the total weight of all other species on board the
				vessel.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 380 - PERTAINING TO GREY TROUT (WEAKFISH) › Section 4VAC20-380-35 - Grey trout harvested by commercial hook-and-line

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person
				fishing with commercial hook-and-line to land or possess any grey trout less
				than 12 inches in total length.
B.
				It shall be unlawful for any person fishing with commercial hook-and-line to
				exceed the vessel possession limit for grey trout of 100 pounds per day or
				trip, whichever is the longer period of time.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 380 - PERTAINING TO GREY TROUT (WEAKFISH) › Section 4VAC20-380-36 - Grey trout harvested by other commercial gears

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person using
				any gear type other than pound net, gill net, trawl, haul seine, or commercial
				hook-and-line to land or possess any grey trout less than nine inches in total
				length.
B. It shall be unlawful for
				any person fishing with any gear type other than pound net, gill net, trawl,
				haul seine, or commercial hook-and-line to exceed the vessel possession limit
				for grey trout of 100 pounds per day or trip, whichever is the longer period of
				time.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 380 - PERTAINING TO GREY TROUT (WEAKFISH) › Section 4VAC20-380-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 380 - PERTAINING TO GREY TROUT (WEAKFISH) › Section 4VAC20-380-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 380 - PERTAINING TO GREY TROUT (WEAKFISH) › Section 4VAC20-380-60 - Recreational fishing seasons, minimum size limits, and possession limits

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful for any person fishing recreationally with hook and line, rod and reel
				or hand line to possess more than one grey trout and the minimum size limit
				shall be 12 inches in total length.
B. The recreational vessel possession limit
				shall be equal to the number of persons on board legally eligible to fish
				multiplied by one. The captain or operator of the vessel shall be responsible
				for any vessel possession limit. Any grey trout taken after the possession
				limit has been reached shall be returned to the water immediately.
Statutory Authority: §
											28.2-201
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 380 - PERTAINING TO GREY TROUT (WEAKFISH) › Section 4VAC20-380-70 - Penalty

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Statutory Authority
§ 28.2-201 of the Code of Virginia.