Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 70 - PERTAINING TO THE HARVESTING OF CLAMS › Part IV - Pertaining to the Taking or Catching of Hard Shell Clams from Public, Unassigned and Leased Ground › Section 4VAC20-70-120 - Conventional dredge

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				  unlawful to take or catch hard shell clams from any public or unassigned
				  grounds in the tidal waters of the Commonwealth by the use of a conventional
				  dredge except as provided in subsection B of this section.
B. It shall be lawful only between December 1
				  and April 1, to take or catch hard shell clams by the use of a conventional
				  dredge from unassigned ground on the seaside of Accomack and Northampton
				  counties where the water is more than four feet in depth at mean low water,
				  provided each person complies with all the provisions of this
				  chapter.
C. It shall be unlawful to
				  operate a conventional dredge as permitted in subsection B of this section
				  between one hour before sunset and one hour after sunrise, or on
				  Sunday.
D. Any person who may
				  desire to take or catch hard shell clams from leased ground by the use of a
				  conventional dredge shall comply with all provisions of §§ 28.2-515,
				  28.2-516, and 28.2-517 of the Code of Virginia, except the provisions thereof
				  relating to planting of seed oysters or shells and the use of said ground for
				  cultivation of oysters.
E. It shall
				  be unlawful for any person to use or have overboard any dredge within the
				  following defined areas: all public waters of Chincoteague Bay and Assateague
				  Bay and Channel lying east of a line that begins at the Virginia/Maryland state
				  line marker "D" at latitude 38°01'10.00" N and longitude 75°19'50.90"
				  W, thence southerly to the boundary marker located at latitude 38°00'19.00"
				  N and longitude 75°20'09.90" W, thence southwesterly to the next boundary
				  marker located at latitude 37°59'52.76" N and longitude 75°20'42.52" W,
				  thence southwesterly to the next boundary marker located at latitude
				  37°59'35.13" N and longitude 75°21'40.28" W, thence southwesterly to
				  channel marker R "14"' thence southerly to channel marker R "12" located
				  adjacent to corner 627 of the Public Clamming Ground, thence southeasterly to
				  channel marker R "10," thence southeasterly to channel marker G "9," thence
				  southerly to channel marker R "8," thence southerly to channel marker R "6,"
				  thence southerly to channel marker R "4," thence southerly to channel marker G
				  "1," thence due east to the shoreline to a point located at latitude
				  37°56'19.95," and longitude 75°22'17.44" .
All public waters lying west of a line that begins at
					 Cockle Point at latitude 37°59'09.54" N and longitude 75°24'25.82" W,
					 thence northeasterly to the next boundary marker located at latitude
					 37°59'34.09" N and longitude 75°24'03.27" W, thence northeasterly to
					 the next boundary marker located at latitude 38°00'02.69" N and longitude
					 75°23'36.38" W, thence northeasterly to channel marker Fl G "3."
F. All leased ground within the
				  defined boundaries of subsection E of this section and meeting the provisions
				  of subsection D of this section shall be exempt from the prohibition on
				  dredging.
Statutory Authority
§ 28.2-201 of the Code of Virginia.