reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 390 - WETLANDS MITIGATION - COMPENSATION POLICY › Section 4VAC20-390-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words, when used in this chapter, shall have
				  the following meanings unless the context clearly indicates otherwise:
"Compensation" means actions taken which have the effect of
				  substituting some form of wetland resource for those lost or significantly
				  disturbed due to a permitted development activity; generally habitat creation
				  or restoration. Compensation is a form of mitigation.
"Mitigation" means all actions, both taken and not taken,
				  which eliminate or materially reduce the adverse effects of a proposed activity
				  on the living and nonliving components of a wetland system or their ability to
				  interact.
Statutory Authority
§ 28.2-103 and Chapter 13 (§ 28.2-1300 et seq.)
					 of Title 28.2 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 390 - WETLANDS MITIGATION - COMPENSATION POLICY › Section 4VAC20-390-20 - Policy

Current through Register Vol. 40, No. 24, July 15, 2024
In spite of the passage of the Virginia Wetlands Act and the
				  Federal Water Pollution Control Act in 1972, the pressures to use or develop
				  tidal wetlands along Virginia's shoreline, have continued to accelerate as
				  evidenced by the increasing number of permit applications being submitted.
				  While losses are controlled by existing permit programs, data compiled by the
				  Virginia Institute of Marine Science (VIMS) over the last 11 years (1993-2004)
				  has shown a total permitted loss of 132 acres of tidal wetlands. Of these
				  losses, most are associated with shoreline stabilization projects where each
				  individual project may account for only a few hundred square feet of impact.
				  Compensation for these losses has not usually been required. In fact, during
				  the same period only 20.3 acres of mitigation have been required. Research,
				  however has demonstrated that certain wetlands can be established or
				  reestablished in areas where wetlands are not presently found. As such,
				  compensation for permitted wetland losses is viewed as a means of offsetting
				  impacts of necessary projects.
The commission, through this policy, intends to encourage,
				  where appropriate, the compensation of all permitted tidal wetland losses,
				  especially vegetated losses, provided all mitigative measures have been
				  considered to avoid any impact. This should include compensation on-site,
				  compensation within the watershed, compensation through the use of a mitigation
				  bank as authorized by § 28.2-1308 of the Code of Virginia or through
				  acceptance of an applicant's offer of payment to an in-lieu fee account
				  established at the local, regional or state level and dedicated to wetland
				  creation and restoration.
The need to compensate for all permitted wetland losses is
				  further emphasized by the Commonwealth's commitment to the restoration of the
				  Chesapeake Bay. In 2000, Virginia, as a Chesapeake Bay Program partner
				  committed to "achieve a no-net loss of existing wetlands acreage and function
				  in the signatories' regulatory programs." If Virginia is to meet this goal,
				  wetland losses permitted through the tidal wetland regulatory program, no
				  matter how small, must be replaced.
Statutory Authority
§§ 28.2-103 and 28.2-1301 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 390 - WETLANDS MITIGATION - COMPENSATION POLICY › Section 4VAC20-390-40 - Specific criteria

Current through Register Vol. 40, No. 24, July 15, 2024
In order for a proposal to be authorized to destroy wetlands
				  and compensate for same in some prescribed manner, the three criteria listed
				  below must be met. If the proposal cannot meet one or more of these criteria,
				  the activity shall be denied, or must occur in areas apart from the wetlands.
				  Should it satisfy all three criteria, however, compensation for the wetlands
				  lost is required. Since the proposed activity should stand on its own merits in
				  the permit approval process, compensation should not be used to justify permit
				  issuance.
1. All reasonable mitigative
				actions, including alternate siting, which would eliminate or minimize wetlands
				loss or disturbance shall be incorporated in the proposal.
2. The proposal shall clearly be
				water-dependent in nature.
3. The
				proposal shall demonstrate clearly its need to be in the wetlands and its
				overwhelming public and private benefits.
Statutory Authority
§§ 28.2-103 and 28.2-1301 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 395 - GENERAL PERMIT FOR EMERGENCY SITUATIONS AND WATER QUALITY IMPROVEMENT PROJECTS › Section 4VAC20-395-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to provide a general permit
				  for activities in or on state-owned subaqueous beds whereby property owners,
				  project sponsors under the EWP program, and agencies or organizations under the
				  approval of a property owner adjacent to nontidal waterways are granted
				  authority to install structures to stabilize watercourses and stream banks in
				  emergency situations, to construct facilities or conduct activities resulting
				  in waterway restoration, which are funded, designed or implemented by
				  authorized agencies that improve water quality (including but not limited to
				  restoration of natural flows, habitat modifications and habitat improvements),
				  or to conduct public utility emergency response activities related to existing
				  public utility infrastructures located in or on subaqueous beds.
Qualification under this general permit constitutes the
				  commission authorization required in accordance with §§ 28.2-1204 and
				  28.2-1207 of the Code of Virginia. This general permit shall not conflict with
				  any other federal, state, or local permitting requirements or authorization
				  governing the proposed activity.
Statutory Authority
§§ 28.2-103 and 28.2-1207 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 395 - GENERAL PERMIT FOR EMERGENCY SITUATIONS AND WATER QUALITY IMPROVEMENT PROJECTS › Section 4VAC20-395-20 - 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:
"Bioengineered" means an applied science that combines
				  structural, biological, and ecological concepts to construct living structures
				  for erosion, sediment, and flood control.
"Commission" means the Marine Resources Commission.
"Commissioner" means the Commissioner of Marine
				  Resources.
"Emergency" means a situation in which a structure, facility
				  or property is in imminent or potential danger following a flood event or
				  natural disaster and by definition includes those situations which qualify for
				  assistance as part of the Department of Agriculture's Natural Resources
				  Conservation Service (NRCS) Emergency Watershed Protection Program.
"Emergency Watershed Protection Program" or "EWP Program"
				  means the program administered by NRCS and the FS to assist sponsors,
				  landowners, and operators in implementing emergency recovery measures to
				  relieve imminent hazards to life and property created by a natural disaster
				  that causes a sudden impairment of a watershed. The authority for the EWP
				  Program is given to NRCS in § 216, P. L. 81-516, and § 403 of Title
				  IV of the Agriculture Credit Act of 1978, P. L. 95-334. Codified rules are set
				  forth in 7 CFR Part 624. The FS is designated to administer the EWP Program on
				  National Forest System Lands.
"Exigency" means those situations that demand immediate
				  action to avoid potential loss of life or property, including situations where
				  a second event may occur shortly thereafter that could compound the impairment,
				  cause new damage or the potential loss of life if action to remedy the
				  situation is not taken immediately.
"FS" means the USDA Forest Service that is authorized to
				  administer the EWP Program on National Forest Service System Lands.
"NRCS" means the Natural Resources Conservation Service,
				  which is the federal agency under the U.S. Department of Agriculture delegated
				  to administer the Emergency Watershed Protection (EWP) Program.
"Public utility emergency response activities" means
				  activities to address the integrity of a utility structure or necessary repairs
				  thereto in the event of imminent danger or risk of failure.
"Waterway or stream restoration" means those activities
				  normally associated with natural channel design concepts including, but not
				  limited to, in-stream rock and log grade structures, current deflecting
				  structures, dam removal, channel realignment, filling of scour holes, and bank
				  plantings that are also intended to improve water quality.
Statutory Authority
§§ 28.2-103 and 28.2-1207 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 395 - GENERAL PERMIT FOR EMERGENCY SITUATIONS AND WATER QUALITY IMPROVEMENT PROJECTS › Section 4VAC20-395-30 - Authority and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Prior to the enactment of § 28.2-1207C, the Code of Virginia provided no
				mechanism for the emergency authorization of projects requiring permits from
				the Marine Resources Commission that are designed to protect public or private
				property or safeguard public health and safety involving encroachments in, on,
				or over state-owned submerged beds. While the commission has entered into an
				interagency Memorandum of Understanding (MOU) with the Department of
				Agriculture's Natural Resources Conservation Service (NRCS) to expedite permit
				issuance for exigency projects under the Emergency Watershed Protection
				Program, the process does not eliminate the need for the commission's required
				public interest review and comment period. Furthermore, there was no expedited
				mechanism to authorize projects that are designed to improve water quality,
				restore waterways or streams for water quality improvement, or facilitate
				emergency response activities related to existing public utility
				infrastructures in nontidal waterways with drainage areas greater than five
				square miles or with flow rates greater than five cubic feet per second where
				project impacts are minimal. The commission, as stipulated in its Subaqueous
				Guidelines, does not assume regulatory jurisdiction in nontidal waterways with
				drainage areas less than five square miles or with flow rates less than five
				cubic feet per second.
B. This
				general permit provides authorization for projects that are deemed necessary in
				an emergency that will result in improved water quality in waterways with
				drainage areas greater than five square miles or flow rates greater than five
				cubic feet per second, or that are public utility emergency response
				activities.
C. Experience has shown
				that the types of projects covered by this general permit (i) are necessary in
				emergency situations or (ii) would improve water quality while improving
				habitat and result in only minor impact. In addition, these types or classes of
				projects would normally be expected to receive an individual commission permit
				following the standard public interest review.
D. This general permit is valid only for
				projects which result in encroachments over state-owned submerged lands in
				nontidal waterways.
Statutory Authority
§§ 28.2-103 and 28.2-1207 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 395 - GENERAL PERMIT FOR EMERGENCY SITUATIONS AND WATER QUALITY IMPROVEMENT PROJECTS › Section 4VAC20-395-40 - Conditions and procedures for issuing general permits

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 permit.
B. To qualify
				for this general permit the permittee must notify the commissioner or his
				designee and provide the following information in such notification:
1. Name, address and telephone number of the
				prospective permittee;
2. Location
				of the proposed project, including vicinity map;
3. Brief description of the proposed project
				or emergency repairs, including methods of work, and the project
				purpose;
4. A plan view and cross
				section view of the proposed project or emergency repairs, including
				dimensions;
5. Location, and
				design, if applicable, of the disposal area for any excavated material;
				and
6. A description of the
				location, extent, and type of wetlands and/or waters to be impacted by the
				proposed work.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 395 - GENERAL PERMIT FOR EMERGENCY SITUATIONS AND WATER QUALITY IMPROVEMENT PROJECTS › Form - FORMS (4VAC20-395)

Current through Register Vol. 40, No. 24, July 15, 2024
Tidewater
				  Joint Permit Application (JPA) for Projects Involving Tidal Waters, Tidal
				  Wetlands, and/or Dunes and Beaches in Virginia (rev.
				  3/2014)
.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 398 - BALLAST WATER DISCHARGE REPORTING › Section 4VAC20-398-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This regulation establishes the guidelines governing
				  voluntary ballast water management practices to be followed by the operators of
				  commercial vessels in Virginia waters. It also sets forth the requirements and
				  procedures for the distribution and filing of ballast water control report
				  forms with the commission.
Statutory Authority
§§ 28.2-103 and 28.2-209 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 398 - BALLAST WATER DISCHARGE REPORTING › Section 4VAC20-398-30 - Voluntary ballast water management guidelines

Current through Register Vol. 40, No. 24, July 15, 2024
A. Masters, owners, operators, or
				persons-in-charge of vessels equipped with ballast water tanks that operate in
				Virginia's territorial waters are requested to take the following voluntary
				precautions to minimize the uptake and release of harmful aquatic organisms,
				pathogens, and sediments:
1. Avoid the uptake
				of ballast water from areas within marine sanctuaries, marine preserves, marine
				parks or coral reefs.
2. Minimize
				or avoid uptake of ballast water in the following areas and situations:
a. Areas known to have infestations or
				populations of harmful organisms and pathogens (e.g., toxic algal
				blooms).
b. Areas near sewage
				outfalls.
c. Areas near dredging
				operations.
d. Areas where tidal
				flushing is known to be poor or times when a tidal stream is known to be more
				turbid.
e. During periods of
				darkness when bottom-dwelling organisms may rise up into the water
				column.
f. Areas where propellers
				may stir up the bottom sediment.
3. Clean the ballast tanks regularly to
				remove sediments. Dispose of the sediments in accordance with applicable
				regulations.
4. Discharge only the
				minimal amount of ballast water essential for safe vessel operations while in
				Virginia waters.
5. Rinse anchors
				and anchor chains when the anchor is retrieved to remove organisms and
				sediments at their place of origin.
6. Remove fouling organisms from hull,
				piping, and tanks on a regular basis and dispose of any removed substances in
				accordance with applicable regulations.
7. Maintain a ballast water management plan
				that was developed specifically for the vessel.
8. Train the master, operator,
				person-in-charge, and crew, on the application of ballast water and sediment
				management and treatment procedures.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 398 - BALLAST WATER DISCHARGE REPORTING › Section 4VAC20-398-40 - Mandatory filing requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The operator, or a ship agent on behalf of the operator, of a commercial vessel
				that enters into Virginia's territorial waters shall file a Ballast Water
				Control Report form with the commission.
1.
				Within 72 hours of the completion of the discharge of ballast water if the
				commercial vessel discharges ballast water into Virginia waters; or
2. Prior to the commercial vessel's departure
				from Virginia waters if the commercial vessel does not discharge ballast water
				into Virginia waters.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 398 - BALLAST WATER DISCHARGE REPORTING › Section 4VAC20-398-50 - Exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
The operator, or ship agent of an operator, shall not be
				  required to file a Ballast Water Control Report form if:
1. The commercial vessel's point of origin is
				located from within the United States EEZ;
2. The commercial vessel is engaged in
				innocent transit; or
3. The vessel
				is a passenger vessel equipped with a functioning treatment system designed to
				kill aquatic organisms in the ballast water.
Statutory Authority
§§ 28.2-103 and 28.2-209 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 398 - BALLAST WATER DISCHARGE REPORTING › Section 4VAC20-398-60 - Ballast Water Control Report form

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Ballast Water Control Report adopted
				by the commission is consistent with the form adopted by the United States
				Coast Guard and set forth in 33 CFR Part 151, Subpart D, Appendix.
B. The Ballast Water Control Report form and
				instructions may be obtained in an electronic format from the HRMA. Report
				forms and instructions are also available electronically via the Internet and
				may be downloaded through the NBIC link on the SERC web page at
http://invasions.si.edu/bwforms.htm
.
Statutory Authority
§§ 28.2-103 and 28.2-209 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 398 - BALLAST WATER DISCHARGE REPORTING › Section 4VAC20-398-70 - Mandatory recordkeeping requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Unless specifically exempted from this
				regulation, the master, owner, operator, or person in charge of a vessel
				carrying ballast water into Virginia waters, after having operated outside the
				EEZ, shall keep records in written form that include the following information:
1. Vessel Information
a. Name;
b. Vessel type;
c. IMO number (official number if IMO number
				not issued);
d. Port of registry
				(Flag);
e. Owner or
				operator;
f. Gross
				tonnage;
g. Call sign;
				and
h. Agent.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 398 - BALLAST WATER DISCHARGE REPORTING › Section 4VAC20-398-80 - Enforcement and compliance monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any operator of a commercial vessel who
				knowingly fails to file a Ballast Water Control Report form with the commission
				within the applicable time period set forth in this regulation, or who
				knowingly makes any false statement in a Ballast Water Control Report form
				submitted to the commission, shall be guilty of a Class 1
				misdemeanor.
B. The commission may
				take samples of ballast water and sediment, examine documents, and make other
				appropriate inquiries to assess the compliance of any vessel subject to this
				regulation while that vessel is in Virginia waters.
Statutory Authority
§§ 28.2-103 and 28.2-209 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 400 - CRITERIA FOR THE PLACEMENT OF SANDY DREDGED MATERIAL ALONG BEACHES IN THE COMMONWEALTH › Section 4VAC20-400-10 - Objective and goals

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				objective is to assure that all suitable dredged material is utilized on
				eroding beach shorelines to the maximum extent practicable.
B. In considering dredging permit
				applications, the commission will endeavor to:
1. Support § 10.1-704 of the Code of
				Virginia which provides that the beaches of the Commonwealth be given priority
				consideration as sites for the disposal of that portion of dredged material
				determined to be suitable for beach nourishment;
2. Coordinate and cooperate with the
				appropriate state and federal agencies to the extent that VMRC regulatory
				actions can support those agencies in administering House Joint Resolution No.
				223, 1987 session, regarding the use of dredged material for beach nourishment;
				and
3. Resolve or minimize legal,
				environmental and engineering problems which can result from inadequate
				planning of dredged material placement.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 400 - CRITERIA FOR THE PLACEMENT OF SANDY DREDGED MATERIAL ALONG BEACHES IN THE COMMONWEALTH › Section 4VAC20-400-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to develop manageable
				  criteria and threshold levels for use by commission staff in determining which
				  projects justify a requirement for the expenditure of funds by an applicant for
				  sediment tests as well as investigation of legal, environmental and engineering
				  implications inherent in every dredged material placement
				  proposal.
Statutory Authority
§ 28.2-103 and Chapter 14 (§ 28.2-1400 et seq.)
					 of Title 28.2 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 400 - CRITERIA FOR THE PLACEMENT OF SANDY DREDGED MATERIAL ALONG BEACHES IN THE COMMONWEALTH › Section 4VAC20-400-30 - Policy

Current through Register Vol. 40, No. 24, July 15, 2024
The commission will strive to achieve maximum beneficial
				  uses of suitable dredged material for those projects which qualify under
				  criteria established here while protecting the interests of the Commonwealth in
				  the land and the resources lying channelward of the mean low water shoreline
				  which land and resources are owned by the Commonwealth and are to be held as a
				  common for use by all its citizens.
Statutory Authority
§ 28.2-103 and Chapter 14 (§ 28.2-1400 et seq.)
					 of Title 28.2 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 400 - CRITERIA FOR THE PLACEMENT OF SANDY DREDGED MATERIAL ALONG BEACHES IN THE COMMONWEALTH › Section 4VAC20-400-40 - General criteria

Current through Register Vol. 40, No. 24, July 15, 2024
Increasing interest in the beneficial uses of dredged
				  material dictates a more structured approach to the processing of dredging
				  permit applications. Parameters to be considered in attempting to utilize
				  suitable material for beach nourishment are frequently economic, legal,
				  political, or technical, as well as environmental, and most often a combination
				  of all these factors.
Because of the complexity of interests involved, certain
				  threshold levels are needed to more readily define projects which justify the
				  time and expense of determining whether beach nourishment is a reasonable
				  alternative.
The following general criteria should be used to determine
				  candidate projects suitable for detailed evaluation:
1. More than 7,500 cubic yards of material is
				to be removed and, based on previous experience, there is a reasonable
				expectation that usable quantities of suitable beach nourishment material free
				from toxic compounds is present in the material to be dredged.
2. Beaches with a demonstrated need for and
				capability of accepting all or a part of the available material are within
				proximity of the dredging site.
3.
				The political subdivision within which the potential placement site is located
				has expressed an interest in obtaining beach nourishment material.
4. The applicant understands that he will be
				required to undertake the research necessary to locate private property owners
				willing to accept the material if no publicly owned shoreline is in reasonable
				proximity.
5. When beach
				nourishment is incorporated into a dredging project, a more comprehensive
				subsurface investigation plan is required than if dredging is the only
				consideration.
Statutory Authority
§ 28.2-103 and Chapter 14 (§ 28.2-1400 et seq.)
					 of Title 28.2 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 400 - CRITERIA FOR THE PLACEMENT OF SANDY DREDGED MATERIAL ALONG BEACHES IN THE COMMONWEALTH › Section 4VAC20-400-50 - Specific criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Sufficient borings must be made and analyzed to develop a clear picture of the
				vertical and horizontal limit of sand deposits in the dredging area. Such
				borings are the responsibility of the dredging applicant.
B. Shoreline investigations at the
				nourishment site shall determine the characteristics of the native material,
				the location of utilities, structures, outfall pipes, property lines along
				shore transport, and other basic engineering considerations.
C. Engineering information must be analyzed
				to determine acceptable grain size range of fill material, design berm height,
				width and length, probable fate of the material, expected loss rates and the
				resulting maintenance requirements.
D. Legal easements and public rights-of-way
				must be obtained from property owners which preserve public use and state
				ownership of all state-owned submerged land existing channelward of mean low
				water shoreline prior to the placement of any material. These legal documents
				are the responsibility of the dredging applicant or property owners, or
				both.
E. The project should be
				engineered in a manner which results in the least environmental impact while
				providing an efficient and cost effective construction plan. Consideration will
				be given, but not limited to, the project's potential impacts on existing
				natural resources and habitats. These include, inter alia, existing finfish,
				shellfish, turtle and avian species and their critical time periods for
				spawning, nesting and nursery functions in areas of submerged aquatic
				vegetation, wetlands and submerged or intertidal and beach habitat.
Statutory Authority
§ 28.2-103 and Chapter 14 (§ 28.2-1400 et seq.)
					 of Title 28.2 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 410 - PERTAINING TO THE USE OF PATENT TONGS › Section 4VAC20-410-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to conserve and protect the
				  public oyster grounds in the James River.
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 410 - PERTAINING TO THE USE OF PATENT TONGS › Section 4VAC20-410-20 - Description of area

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter shall include all of the public oyster grounds
				  in the James River upstream of the James River bridge.
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 410 - PERTAINING TO THE USE OF PATENT TONGS › Section 4VAC20-410-30 - Violations

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to use or operate patent
				  tongs in any manner on any public oyster grounds in the James River upstream of
				  the James River bridge.
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 410 - PERTAINING TO THE USE OF PATENT TONGS › Section 4VAC20-410-50 - 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 430 - PERTAINING TO THE MARKING AND MINIMUM MESH SIZE OF GILL NETS › Section 4VAC20-430-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to minimize gear conflicts
				  between gill net fishermen and conflicts with recreational boaters caused by
				  poor visibility of gill nets, conserve stocks of fish by establishing a minimum
				  mesh size for gill nets, and conserve and protect sea turtles and bottlenose
				  dolphins by establishing maximum mesh sizes for gill nets.
Statutory Authority
§§ 28.201 and 28.2-236 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 430 - PERTAINING TO THE MARKING AND MINIMUM MESH SIZE OF GILL NETS › Section 4VAC20-430-15 - 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 meaning unless the context clearly indicates
				  otherwise:
"COLREGS Line" means the COLREGS Demarcation Lines, as
				  specified in Coastal Pilot, 35th and 36th editions by Lighthouse Press.
"River herring" means any fish of the species Alosa
				  aestivalis or Alosa pseudoharengus.
Statutory Authority
§§ 28.201 and 28.2-236 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 430 - PERTAINING TO THE MARKING AND MINIMUM MESH SIZE OF GILL NETS › Section 4VAC20-430-20 - Marking procedures for drift and anchored gill nets

Current through Register Vol. 40, No. 24, July 15, 2024
Except as provided in
				  4VAC20-430-40,
				  4VAC20-430-45, and
				  4VAC20-430-50, it shall be unlawful
				  for any person to place, set or fish any gill net, except when licensed as a
				  fixed fishing device, that is not marked in the following manner:
1. One end of each gill net shall be marked
				by a flag of square dimensions, which shall measure at least 144 square
				inches.
2. The end of each gill net
				opposite the square flag marker shall be marked by either a triangular flag of
				at least 144 square inches or a floating ball of at least 50 inches
				circumference.
3. Each flag
				described in subdivisions 1 and 2 of this section shall be supported on a staff
				sufficient to maintain the bottom of the flag at least three feet above the
				surface of the water.
4. The
				end-marker flags on the same net or flag and floating ball on the same net
				shall be of identical color.
5. All
				flag staffs shall be marked with two stripes of two-inch wide reflective
				material that shall be visible from all sides; all end-marker floating balls
				shall be marked on three sides with patches of approximately two-inch by
				two-inch reflective material that shall be visible from all sides above the
				water line.
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 430 - PERTAINING TO THE MARKING AND MINIMUM MESH SIZE OF GILL NETS › Section 4VAC20-430-30 - Marking procedures for staked gill nets

Current through Register Vol. 40, No. 24, July 15, 2024
A staked gill net is a licensed fixed fishing device that is
				  assigned a fixed location. It shall be unlawful for any person to hang any
				  staked gill net on its poles, to drop such net into the fishing position or to
				  fish such net that is not marked in the following manner:
1. Both ends of each staked gill net shall be
				marked by a flag of square dimensions, which shall measure at least 144 square
				inches.
2. Each end-marker flag
				described in subdivision 1 of this section shall be suspended on a pole or
				stake at least two feet above the surface of the water.
3. All end-marker flags shall be of
				blaze-orange color.
4. Each pole or
				stake in a gill net stand shall be marked at least two feet above the surface
				of the water, and visible from all sides, with either reflectors (at least two
				inches in diameter) or reflective tape (at least two inches wide).
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 430 - PERTAINING TO THE MARKING AND MINIMUM MESH SIZE OF GILL NETS › Section 4VAC20-430-40 - Upriver white perch and striped bass fishery exemption

Current through Register Vol. 40, No. 24, July 15, 2024
During the period December 1 through March 15, it shall be
				  unlawful for any person to place, set or fish any gill net, used for the taking
				  of white perch or striped bass in the areas designated below, that is not
				  marked as described by either
				  4VAC20-430-20 or
				  4VAC20-430-30, or in the following
				  manner:
1. Both ends of each gill net
				shall be marked by a floating buoy of at least 3 1/2 inches in
				diameter.
2. Both end-marker buoys
				shall be of blaze-orange color.
3.
				Areas designated.
a. James River. Upstream
				from a line connecting College Creek and Hog Point.
b. York River. Upstream from a line
				connecting the southernmost point of the northern headland of Poropotank Bay
				and Croaker Landing.
c.
				Rappahannock River. Upstream from a line connecting Greenvale Creek and Weeks
				Creek.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 430 - PERTAINING TO THE MARKING AND MINIMUM MESH SIZE OF GILL NETS › Section 4VAC20-430-45 - Recreational anchored gill net exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to place, set or fish any
				  anchored gill net up to 110 feet in length and licensed for recreational
				  purposes upstream of the designated boundary lines listed below that is not
				  marked in the following manner:
1.
				Both ends of each gill net shall be marked by a floating buoy of at least
				3-1/2" in diameter.
2. Both
				end-marker buoys shall be of blaze-orange color.
3. Designated boundary lines.
a. James River and its tributaries: a line
				connecting Hog Point and the downstream point of the mouth of College
				Creek;
b. York River and its
				tributaries: the Route 33 bridges; and
c. Rappahannock River and its tributaries:
				the Route 360 Bridge.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 430 - PERTAINING TO THE MARKING AND MINIMUM MESH SIZE OF GILL NETS › Section 4VAC20-430-50 - Drift gill net fishery exemption

Current through Register Vol. 40, No. 24, July 15, 2024
During the period February 15 through May 31, inclusive, it
				  shall be unlawful for any person to place, set, or fish any drift gill net, in
				  the areas designated below, that is not marked in the following manner:
1. Both end-marker buoys and all floats or
				buoys between the ends shall be of blaze orange or fluorescent paint
				color.
2. Areas designated.
a. James River. Upstream of the Jamestown
				Ferry Docking Station.
b. Mattaponi
				and Pamunkey Rivers. Upstream of the Route 33 bridges at West Point.
c. Rappahannock River. Upstream of the Route
				360 bridge at Tappahannock.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 430 - PERTAINING TO THE MARKING AND MINIMUM MESH SIZE OF GILL NETS › Section 4VAC20-430-55 - Buoy marking procedures

Current through Register Vol. 40, No. 24, July 15, 2024
Any gill net placed, set or fished in accordance with
				  4VAC20-430-20,
				  4VAC20-430-40 or
				  4VAC20-430-50 shall have both buoys
				  inscribed with the last four numbers of the licensee's commercial fisherman
				  registration license.
Statutory Authority
§§ 28.2-201 and 28.2-236 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 430 - PERTAINING TO THE MARKING AND MINIMUM MESH SIZE OF GILL NETS › Section 4VAC20-430-60 - Minimum mesh size

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
				be unlawful for any person to place, set, or fish any gill net with a stretched
				mesh of less than 2-7/8 inches, except as provided in subsection C of this
				section.
B. Mesh measurement is
				defined as the inside stretched distance between two knots on opposite sides of
				the same mesh.
C. As provided in
				§ 28.2-305 of the Code of Virginia, mullet gill nets less than 200 yards
				long shall consist of a stretched mesh not less than two inches stretched
				measure after having been tarred. Any person utilizing a mullet gill net may
				not take or possess quantities of species other than mullet which comprise more
				than 15% of their total daily catch, in pounds.
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 430 - PERTAINING TO THE MARKING AND MINIMUM MESH SIZE OF GILL NETS › Section 4VAC20-430-65 - Maximum mesh size and tending requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person to
				place, set or fish any gill net with a stretched mesh of greater than or equal
				to seven inches in Virginia waters east of the COLREGS Line and north of the
				North Carolina-Virginia border and south of Wachapreague Inlet (37° 34.6'
				N) from April 1 through January 14, except as described in
				4VAC20-320-65 and
				4VAC20-252-135.
B. It shall be unlawful for any person to
				place, set or fish any gill net with a stretched mesh of greater than or equal
				to seven inches in Virginia waters east of the COLREGS Line and north of
				Wachapreague Inlet (37° 34.6' N) and south of Chincoteague (37° 56.0'
				N) from April 16 through January 14, except as described in
				4VAC20-320-65 and
				4VAC20-252-135.
C. It shall be unlawful for any person to
				place, set or fish any anchored gill net with a stretched mesh of greater than
				or equal to seven inches east of the COLREGS Line and north of the North
				Carolina-Virginia border and south of the Maryland-Virginia border in Virginia
				waters from sunset to sunrise from June 1 through October 31 unless that
				fisherman remains within 0.5 nautical miles of the closest portion of each
				anchored gill net, except as described in
				4VAC20-320-65.
D. Any anchored gill net with a stretched
				mesh of greater than or equal to seven inches set east of the COLREGS Line and
				north of the North Carolina-Virginia border in Virginia waters and south of the
				Maryland-Virginia border and fished from sunset to sunrise from June 1 through
				October 31, must be brought back to port with the vessel, except as described
				in 4VAC20-320-65.
E. It shall be unlawful for any person to
				place, set or fish any gill net with a stretched mesh of greater than or equal
				to seven inches east of the COLREGS Line and north of the North
				Carolina-Virginia border and south of the Maryland-Virginia border in Virginia
				waters from sunset to sunrise from November 1 through December 31, except as
				described in
				4VAC20-252-135.
F. Any gill net with a stretched mesh of
				greater than or equal to seven inches set east of the COLREGS Line and north of
				the North Carolina-Virginia border and south of the Maryland-Virginia border in
				Virginia waters and fished from sunset to sunrise from November 1 through
				December 31, must be brought back to port with the vessel, except as described
				in 4VAC20-252-135.
G. Mesh measurement is defined as the inside
				stretched distance between two knots on opposite sides of the same
				mesh.
Statutory Authority: §§ 28.2-201 and 28.2-236 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 430 - PERTAINING TO THE MARKING AND MINIMUM MESH SIZE OF GILL NETS › Section 4VAC20-430-70 - Enforcement provisions

Current through Register Vol. 40, No. 24, July 15, 2024
In the enforcement of this chapter the Marine Patrol Officer
				  shall consider the following:
1. If
				only one end or buoy of a gill net is found to be marked as required by this
				chapter, then a warning shall be issued by a Marine Patrol Officer, and the net
				owner shall have 24 hours to mark the net as provided in this
				chapter.
2. If both ends of a gill
				net are found in violation, a Marine Patrol Officer shall confiscate the net
				immediately unless at least one remaining buoy is inscribed with the last four
				numbers of the licensee's commercial fisherman registration license.
Statutory Authority
§§ 28.2-201 and 28.2-236 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 430 - PERTAINING TO THE MARKING AND MINIMUM MESH SIZE OF GILL NETS › Section 4VAC20-430-80 - Penalties

Current through Register Vol. 40, No. 24, July 15, 2024
A. As set forth in
				§ 28.2-903 of the Code of Virginia, any person violating any provision of
				this chapter, other than
				4VAC20-430-60 C, shall be guilty of
				a Class 3 misdemeanor, and a second or subsequent violation of any provision of
				this chapter, other than
				4VAC20-430-60 C, committed by the
				same person within 12 months of a prior violation is a Class 1
				misdemeanor.
B. As set forth in
				§ 28.2-305 of the Code of Virginia, any person violating any provision of
				4VAC20-430-60 C of this chapter
				shall be guilty of a Class 3 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 450 - PERTAINING TO THE TAKING OF BLUEFISH › Section 4VAC20-450-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purposes of this chapter are to manage the recreational
				  harvest of bluefish and to establish a commercial quota system for Virginia
				  bluefish landings, in cooperation with the Mid-Atlantic Fishery Management
				  Council and the Atlantic States Marine Fisheries Commission, to prevent
				  overfishing.
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 450 - PERTAINING TO THE TAKING OF BLUEFISH › Section 4VAC20-450-15 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words or terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Bluefish" means any fish of the species Pomatomus
				  saltatrix
.
"Captain" means the person licensed by the U.S. Coast Guard
				  to carry passengers for hire who operates the charter boat or head boat.
"Charter vessel" or "for-hire vessel" means a vessel
				  operating with a captain who possesses either a Class A Fishing Guide License,
				  Class B Fishing Guide License, or Fishing Guide Reciprocity
				  Permit.
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 450 - PERTAINING TO THE TAKING OF BLUEFISH › Section 4VAC20-450-20 - Recreational bluefish possession limits

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person
				fishing recreationally to harvest or possess more than three bluefish, except
				as described in subsection B of this section. Any bluefish taken after the
				possession limit has been reached shall be returned to the water
				immediately.
B. It shall be
				unlawful for any person fishing from a charter or for-hire vessel to harvest or
				possess more than five bluefish. Any bluefish taken after the possession limit
				has been reached shall be returned to the water immediately.
C. When fishing from a boat or vessel where
				the entire catch is held in a common hold or container, the possession limit
				shall be for the boat or vessel and shall be equal to the number of persons on
				board who are legally eligible to fish multiplied by the personal possession
				limits as described in subsections A and B of this section. The captain or
				operator of the boat or vessel shall be responsible for any boat or vessel
				possession limit.
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 450 - PERTAINING TO THE TAKING OF BLUEFISH › Section 4VAC20-450-30 - Commercial landings quota

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				commercial landings of bluefish shall be limited to the annual quota pursuant
				to the joint Mid-Atlantic Fishery Management Council/Atlantic States Marine
				Fisheries Commission Bluefish Fishery Management Plan, except as specified in
				subsection B of this section.
B. If
				a quota transfer occurs between Virginia and another state participating in the
				Interstate Fishery Management Plan for bluefish, Virginia's annual quota for
				the current calendar year shall be limited to the annual quota amount as
				adjusted for transfers.
C. When it
				is projected that 95% of the commercial landings quota has been realized, a
				notice will be posted to close commercial harvest and landings from the
				bluefish fishery within five days of posting.
D. It shall be unlawful for any person to
				harvest or land bluefish for commercial purposes after the closure date set
				forth in the notice described in subsection C of this section.
Statutory Authority: § 28.2-201 of the Code of
					 Virginia.