reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 290 - MARKING OF LEASED OYSTER PLANTING GROUND › Section 4VAC20-290-45 - Removal of markers

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to intentionally or
				  knowingly injure, remove, or displace any boundary oyster stake, range
				  monument, signal beacon, post, or buoy, or any part thereof, erected to
				  designate, locate, survey, or map shellfish grounds other than the leaseholder,
				  his agent, his employee, or commission staff.
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 290 - MARKING OF LEASED OYSTER PLANTING GROUND › Section 4VAC20-290-50 - Exception

Current through Register Vol. 40, No. 24, July 15, 2024
The chief engineer may approve an alternative plan for the
				  proper marking of any oyster planting ground boundary or active work area upon
				  request by the lessee when he finds exceptional circumstances exist. In such a
				  case the chief engineer shall direct the leaseholder where to place the
				  appropriate markers.
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 290 - MARKING OF LEASED OYSTER PLANTING GROUND › Section 4VAC20-290-60 - 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 and 28.2-607 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 310 - PERTAINING TO THE RELAYING OF SHELLFISH › Section 4VAC20-310-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to protect the public health
				  and to ensure that Virginia complies with the National Shellfish Sanitation
				  Program.
Statutory Authority
§§ 28.2-201 and 28.2-801 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 310 - PERTAINING TO THE RELAYING OF SHELLFISH › Section 4VAC20-310-15 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following term when used in this chapter shall have the
				  following meaning unless the context clearly indicates otherwise:
"Seed-stock shellfish" means those wild and cultured
				  shellfish that are at least six months from marketing for human
				  consumption.
Statutory Authority
§§ 28.2-201 and 28.2-801 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 310 - PERTAINING TO THE RELAYING OF SHELLFISH › Section 4VAC20-310-20 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Nothing
				in this chapter shall prohibit the harvesting, transporting, or handling of
				wild and cultured seed-stock shellfish from condemned areas.
B. It shall be unlawful for any person to
				relay molluscan shellfish by use of any container or cage except in compliance
				with the requirements of this chapter.
C. Shellfish to be relayed within containers
				or cages shall be limited to the hard clam, Mercenaria mercenaria, and the
				American oyster, Crassostrea virginica.
D. Any person wishing to use containers for
				shellfish relaying shall petition the Marine Resources Commission demonstrating
				their ability to handle containers, describing the area where containers will
				be deployed and providing a description of the containers to be used.
E. Permission to use containers shall be
				determined on a case-by-case basis by the Marine Resources Commission and the
				Virginia Department of Health. Permit issuance shall be controlled so as to
				ensure proper monitoring and enforcement as required by the National Shellfish
				Sanitation Program Manual of Operations (1993), Part I.
F. Any person wishing to use containers for
				relaying shellfish shall meet the criteria set forth in Chapter 8 (§
				28.2-800 et seq.) of Title 28.2 of the Code of Virginia and applicable portions
				of the National Shellfish Sanitation Program Manual of Operations (1993), Part
				I. In addition, any dealer utilizing a vehicle, vessel, property, or premises
				where shellfish are transported, held, stored, processed, packed, or repacked
				in preparation for marketing shall meet the applicable criteria set forth in
				the National Shellfish Sanitation Program Manual of Operations (1993), Part II,
				as determined by the Virginia Department of Health.
G. Any person harvesting shellfish from
				polluted waters for containerized relaying to approved areas shall land at
				designated Marine Resources Commission condemned shellfish landing areas, or
				make arrangements with the marine police officer to meet at approved relaying
				grounds so that the relaying operation is carried out under appropriate
				supervision.
Statutory Authority
§§ 28.2-201 and 28.2-801 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 310 - PERTAINING TO THE RELAYING OF SHELLFISH › Section 4VAC20-310-30 - On-bottom container construction

Current through Register Vol. 40, No. 24, July 15, 2024
A. On-bottom container size shall not exceed
				four feet by four feet by one foot.
B. On-bottom containers shall not be solid
				walled, but shall be constructed of a mesh material of sufficient size not to
				restrict water flow.
1. Mesh size shall not
				be less than one inch measured diagonally across the longest axis of square,
				rectangular, or diamond shaped mesh nor less than one-inch diameter for
				circular mesh.
2. Construction
				material shall be nontoxic and not retard shellfish pumping rates.
3. On-bottom containers shall be frequently
				cleaned and maintained in such a manner that fouling does not accumulate to the
				degree that water flow through the on-bottom container is impeded or fill line
				markers are obscured.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 310 - PERTAINING TO THE RELAYING OF SHELLFISH › Section 4VAC20-310-35 - Floating container construction

Current through Register Vol. 40, No. 24, July 15, 2024
A. Floating container size shall not exceed
				two feet by eight feet by one foot.
B. Floating containers shall not be solid
				walled, but shall be constructed of a mesh material of sufficient size not to
				restrict water flow.
1. Mesh size shall not
				be less than one inch measured diagonally across the longest axis of square,
				rectangular, or diamond shaped mesh nor less than one-inch diameter for
				circular width.
2. Construction
				shall be nontoxic and not retard shellfish pumping rates.
3. Floating containers shall be frequently
				cleaned and maintained in such a manner that fouling does not accumulate to the
				degree that water flow through the container is impeded.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 310 - PERTAINING TO THE RELAYING OF SHELLFISH › Section 4VAC20-310-40 - Loading and deployment

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Areas where any container is to be relayed for commercial purposes shall be
				clearly marked and easily identified as required in § 28.2-818 of the Code
				of Virginia.
B. Landing of polluted
				shellfish, loading of vehicles and containers, and container deployment and
				harvest shall be conducted under Marine Resources Commission supervision.
				Scheduling of loading and unloading of vehicles and containers shall be
				determined by marine police area supervisors.
C. Containers shall be deployed and spaced in
				such a manner and spacing so that different lots are separated and easily
				identified.
1. Spacing between adjacent
				groups of containers shall be a minimum of 25 feet.
2. Individual containers shall be no closer
				than six feet from any other container within the group.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 310 - PERTAINING TO THE RELAYING OF SHELLFISH › Section 4VAC20-310-50 - Harvest

Current through Register Vol. 40, No. 24, July 15, 2024
A. Commercial
				harvest to be sold for public consumption.
1.
				Any relay container shall remain in the relaying area for a minimum of 15 days
				in water temperatures above 50%90F and in salinities sufficient to assure
				effective cleansing through active pumping. If a relay area is closed due to a
				pollution event during the relay process, the 15-day relay period shall
				coincide with the reopening of the area.
2. Requests to harvest specific containers
				shall be made to the marine police officer, specifying which sealed containers
				have been released for harvest by the Virginia Department of Health.
3. No shellfish shall be reharvested until a
				Permit to Remove Shellfish is received from the Virginia Department of Health.
				The seal on each container shall not be broken by anyone except a marine police
				officer.
4. After the seal is
				broken, the reharvested shellfish shall be moved into the certified shellstock
				storage facility (if provided) for washing, grading, bagging, tagging, and
				storage prior to shipment. Shellfish packed on boats, monitors or barges shall
				be immediately transferred to a certified shellstock storage facility or an
				enclosed vehicle for shipment to market or other certified dealers. No
				shellfish shall be washed, graded, bagged, or stored onshore or on a dock
				unless protected facilities are provided and approved by the Virginia
				Department of Health.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 310 - PERTAINING TO THE RELAYING OF SHELLFISH › Section 4VAC20-310-55 - Relay season established

Current through Register Vol. 40, No. 24, July 15, 2024
The season for the removal or relaying of shellfish from
				  private grounds shall be February 1 to November 1.
Statutory Authority
§§ 28.2-201 and 28.2-801 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 310 - PERTAINING TO THE RELAYING OF SHELLFISH › Section 4VAC20-310-60 - 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 this chapter committed by
				  the same person within 12 months of a prior violation is a Class 1 misdemeanor.
				  In addition, violation of any provisions of this chapter shall be grounds for
				  immediate revocation of the permit to relay shellfish.
Statutory Authority
§§ 28.2-201 and 28.2-801 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 310 - PERTAINING TO THE RELAYING OF SHELLFISH › Section - DOCUMENTS INCORPORATED BY REFERENCE (4VAC20-310)

Current through Register Vol. 40, No. 24, July 15, 2024
National Shellfish Sanitation Program Manual of Operations,
				  Parts I and II, Sanitation of the Harvesting, Processing and Distribution of
				  Shellfish, 1993 Revision, U.S. Department of Health and Human Services, Public
				  Health Service, Food and Drug Administration, Office of Seafood Shellfish
				  Sanitation Branch, Washington, DC 202004.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 320 - PERTAINING TO THE TAKING OF BLACK DRUM › Section 4VAC20-320-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to cap the harvest of black
				  drum. A management area with time restrictions is also designated to reduce
				  conflicts between recreational and commercial fishermen that concentrate on
				  drum fishing grounds in the Lower Bay. The chapter also provides for the
				  collection of management information for the black drum commercial fishery.
				  Additionally, a minimum size limit is imposed to provide protection of black
				  drum until they reach sexual maturity. Limited entry in the commercial fishery
				  is implemented to prevent overcapitalization and to improve economic benefits
				  to the recent full-time participants in the future.
Statutory Authority
§§ 28.2-201 and 28.2-204.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 320 - PERTAINING TO THE TAKING OF BLACK DRUM › Section 4VAC20-320-20 - 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.
"Black Drum" means any fish of the species Pogonias
				  cromis.
"COLREGS Line" means the COLREGS Demarcation Lines, as
				  specified in Coastal Pilot, 35th and 36th editions by Lighthouse Press.
"Commercial Harvest" means any black drum taken from the
				  tidal waters of Virginia by any harvesting method, including hook-and-line, and
				  sold.
"Floating gill net" means any gill net that is suspended from
				  the water surface and extends to a depth no more than midway between the water
				  surface and bottom.
"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 320 - PERTAINING TO THE TAKING OF BLACK DRUM › Section 4VAC20-320-30 - Commercial harvest quota

Current through Register Vol. 40, No. 24, July 15, 2024
During any calendar year, the total allowable sum of
				  commercial harvest of black drum from Virginia tidal waters shall be 120,000
				  pounds of whole fish. At such time as the total harvest of black drum reaches
				  120,000 pounds, it shall be unlawful for any person to take, catch, or land any
				  black drum by any method for commercial purposes.
Statutory Authority
§§ 28.2-201 and 28.2-204.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 320 - PERTAINING TO THE TAKING OF BLACK DRUM › Section 4VAC20-320-40 - Possession limits on hook and line harvests

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person using
				hook and line, rod and reel, or hand line to take or catch from Virginia tidal
				waters more than one black drum per day. Any black drum taken after the
				possession limit of one has been reached shall be returned to the water
				immediately.
B. When fishing from
				any 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 legally eligible to fish. The captain
				or operator of the boat or vessel shall be responsible for any boat or vessel
				possession limit.
Statutory Authority
§§ 28.2-201 and 28.2-204.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 320 - PERTAINING TO THE TAKING OF BLACK DRUM › Section 4VAC20-320-50 - Special management area/time restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person to
				place, set, or fish gill nets or trotlines from 7 a.m. to 8:30 p.m. of each day
				for the period of May 1 to June 7, dates inclusive, in the southeastern portion
				of the Chesapeake Bay in the area bounded by a line drawn from the Cape Charles
				Jetty to the 36A Buoy to the RN-28 Buoy, then south along the Baltimore Channel
				to the Fourth Island of the Chesapeake Bay Bridge Tunnel, then north along
				Chesapeake Bay Bridge Tunnel to Fisherman's Island then north along the coast,
				returning to the Cape Charles Jetty, except as described in subsection B of
				this section.
B. It shall be lawful
				to place, set, or fish gill nets less than five inches in stretched mesh in the
				special management area as described in subsection A of this section.
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 320 - PERTAINING TO THE TAKING OF BLACK DRUM › Section 4VAC20-320-60 - Minimum size limit

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful for any person to take, catch, or
				  possess any black drum less than 16 inches in total length.
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 320 - PERTAINING TO THE TAKING OF BLACK DRUM › Section 4VAC20-320-65 - Gill net mesh size and tending restrictions: exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any registered
				commercial fisherman who is permitted to harvest black drum in accordance with
				4VAC20-320-70 A and sets or fishes
				any gill net east of the COLREGS Line and north of the North Carolina-Virginia
				border and south of the Maryland-Virginia border in Virginia waters, shall be
				exempt from the maximum gill net mesh size described in
				4VAC20-430-65 A and B, during the
				months of April, May and June, provided that the fisherman sets and fishes only
				floating gill nets.
B. Any
				registered commercial fisherman who is permitted to harvest black drum in
				accordance with
				4VAC20-320-70 A and sets or fishes
				any gill net east of the COLREGS Line and north of the North Carolina-Virginia
				border and south of the Maryland-Virginia border in Virginia waters, shall be
				exempt from the tending requirements described in
				4VAC20-430-65 C and D, during the
				month of June, provided that the fisherman sets and fishes floating 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 320 - PERTAINING TO THE TAKING OF BLACK DRUM › Section 4VAC20-320-70 - Commercial harvest permits required

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any registered
				commercial fisherman to take, catch, sell, or possess more than one black drum
				per day, without first having obtained a Black Drum Harvesting and Selling
				Permit from the Marine Resources Commission. Such permit shall be completed in
				full by the permittee and a copy kept in the possession of the permittee while
				fishing and selling black drum. Permits shall only be issued to applicants
				meeting the following criteria:
1. The
				applicant shall be a registered commercial fisherman and shall have held a
				Black Drum Permit in at least one year from 1988 to 1993;
2. The applicant shall have documented catch
				of black drum in at least one year for which a Black Drum Permit was held from
				1988 to 1993; and
3. The applicant
				shall have reported, in accordance with this chapter, any black drum fishery
				activity in 1992 and 1993, if a Black Drum Permit was held in those years.
Nothing in this subsection is intended to prohibit a
				  registered commercial fisherman fishing pursuant to
				  4VAC20-320-40 as a legally eligible
				  recreational fisherman from possessing only one black drum not to be
				  sold.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 320 - PERTAINING TO THE TAKING OF BLACK DRUM › Section 4VAC20-320-80 - Mandatory reporting of commercial harvest

Current through Register Vol. 40, No. 24, July 15, 2024
A. Commercial harvesters and buyers of black
				drum shall report daily harvest information on forms to be provided by the
				Marine Resources Commission. Such information shall include, but is not limited
				to, the number of fish, their weight, location of harvest, method of capture
				and the buyer's and seller's permit identification number. Such reports shall
				be completed in full and shall be submitted to the Marine Resources Commission
				in accordance with 4VAC20-610.
B.
				Buyers of black drum imported from out of state shall also report the amount of
				black drum imported on the forms provided by the Marine Resources
				Commission.
C. Marine Resources
				Commission personnel or designate may also collect biological information from
				black drum accumulated at the place of business of commercial buyers. Such
				sampling shall be done with the cooperation of the buyers and in a manner which
				will not inhibit normal business operations.
Statutory Authority
§§ 28.2-201 and 28.2-204.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 320 - PERTAINING TO THE TAKING OF BLACK DRUM › Section 4VAC20-320-90 - 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. In addition, those in violation shall forfeit their Black
				  Drum Harvesting or Buying Permit and its privileges.
Statutory Authority
§§ 28.2-201 and 28.2-204.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 330 - PERTAINING TO THE TAKING OF SHELLFISH FROM CONDEMNED AREAS › Section 4VAC20-330-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to conserve Virginia's
				  shellfish resources and to protect public health.
Statutory Authority
§ 28.2-801 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 330 - PERTAINING TO THE TAKING OF SHELLFISH FROM CONDEMNED AREAS › Section 4VAC20-330-20 - Harvesting restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
As required under § 28.2-810 of the Code of Virginia,
				  the Commissioner of Marine Resources shall issue special permits to applicants
				  to take and catch shellfish from condemned areas. It shall be unlawful for
				  harvesting to occur, except under the following conditions:
1. Each boat used for harvesting condemned
				shellfish shall not leave the dock with the gear used for harvesting on board
				until one hour before sunrise and shall return to the dock before sunset. When
				said boat is used for other purposes between the hours of sunset and one hour
				before sunrise only patent tongs may remain on the boat, provided the hoist
				line shall be disconnected and the bolt removed, separating and disassembling
				the patent tong gear during said period of time.
2. Shellfish shall be taken and caught from
				condemned areas only during the lawful season, Monday through Friday, and only
				between the hours of sunrise and 5 p.m.
3. The culling board of each boat used for
				harvesting of condemned shellfish shall be clean before sunrise and by 5 p.m.
				The presence of shellfish on the culling board before sunrise and after 5 p.m.
				shall be prima facie evidence of a violation of this chapter.
Statutory Authority
§ 28.2-801 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 330 - PERTAINING TO THE TAKING OF SHELLFISH FROM CONDEMNED AREAS › Section 4VAC20-330-40 - Penalty

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 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.
B. Pursuant to §
				28.2-822 of the Code of Virginia, in the event any person is convicted in court
				of a violation of any provision of Chapter 8 of Title 28.2 of the Code of
				Virginia, or any part of this chapter, or when in the judgment of the
				Commissioner of Marine Resources it is in the best interest of the industry,
				the commissioner may revoke the special permit. Any person having said permit
				revoked shall be entitled to a hearing before the Marine Resources Commission
				at its next scheduled meeting.
Statutory Authority
§ 28.2-801 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 333 - VIRGINIA GENERAL PERMIT #1 (VGP#1) FOR PROJECTS UNDERTAKEN BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN, ON OR OVER STATE-OWNED SUBAQUEOUS LANDS ANYWHERE WITHIN THE COMMONWEALTH › Section 4VAC20-333-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
"Commission" means Marine Resources Commission.
"VDOT" means the Virginia Department of
				  Transportation.
Statutory Authority
§§ 28.2-103 and 28.2-1203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 333 - VIRGINIA GENERAL PERMIT #1 (VGP#1) FOR PROJECTS UNDERTAKEN BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN, ON OR OVER STATE-OWNED SUBAQUEOUS LANDS ANYWHERE WITHIN THE COMMONWEALTH › Section 4VAC20-333-20 - Types of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The U.S. Army
				Corps of Engineers has granted nationwide permits for minor projects requiring
				notification in waters of the United States.
B. The U.S. Army Corps of Engineers has
				granted nationwide permits for minor projects not requiring notification in
				waters of the United States.
C. The
				Norfolk District U.S. Army Corps of Engineers has granted regional permits and
				a letter of permission for VDOT projects in the waters of the Commonwealth,
				which meet certain rigid criteria.
D. Projects, which do not qualify under
				subsection A, B or C of this section, will be processed in accordance with
				established joint state/federal permit procedures.
E. This general permit may authorize projects
				which do not require U.S. Army Corps of Engineers' permits.
F. Formal monthly state/federal interagency
				coordination procedures have been established and practiced over the past
				several years at which each VDOT project is subjected to rigorous review and
				routinely modified to satisfy agency concerns.
G. All VDOT projects are routinely given wide
				public notice in conformance with established state/federal highway project
				requirements and public hearings are held by VDOT on all significant
				proposals.
H. VDOT is exempt by
				statute from all fees and royalties.
Statutory Authority
§§ 28.2-103 and 28.2-1203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 333 - VIRGINIA GENERAL PERMIT #1 (VGP#1) FOR PROJECTS UNDERTAKEN BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN, ON OR OVER STATE-OWNED SUBAQUEOUS LANDS ANYWHERE WITHIN THE COMMONWEALTH › Section 4VAC20-333-40 - Procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Chief,
				Habitat Management Division, will administer this general permit and establish
				procedures to ensure:
1. That all projects
				authorized by this permit either (i) do not require U.S. Army Corps of
				Engineers permits (4VAC20-333-20 E), (ii) satisfy the
				Nationwide Permit established by the Department of the Army Regulations
				(4VAC20-333-20 A and B) or, (iii)
				qualify for the regional permit or letter of permission criteria established by
				the Norfolk District U.S. Army Corps of Engineers (4VAC20-333-20 C).
2. Minimum cumulative impact on the marine
				environment.
3. Adequate
				opportunity for public review.
4.
				That a record is maintained on all projects authorized by this permit. Such
				records will include:
a. The name, address,
				and telephone number of the VDOT district that wishes to perform the
				work;
b. The location of the
				project, including waterway, county/city and route number of roadway;
c. Detailed drawings of the project including
				a plan view and section view with the mean high and mean low water lines or the
				ordinary high water mark, whichever is appropriate;
d. The amount of dredging and fill. If
				dredging is involved, the type of dredge, hydraulic or dragline, the location
				of disposal sites and the type of erosion and sediment controls, if
				necessary;
e. When the project
				involves the destruction of tidal wetlands, the type of species involved, the
				amount to be disturbed, and any plan for compensation, or mitigation;
				and
f. A copy of the environmental
				assessment or environmental impact statement when requested by the
				commission.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 335 - PERTAINING TO ON-BOTTOM SHELLFISH AQUACULTURE ACTIVITIES › Section 4VAC20-335-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to specify the criteria for
				  shellfish aquaculture structures that may be employed on privately leased
				  shellfish planting ground.
Statutory Authority
§§ 28.2-103 and 28.2-201 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 335 - PERTAINING TO ON-BOTTOM SHELLFISH AQUACULTURE ACTIVITIES › Section 4VAC20-335-20 - 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:
"Aquaculture structure" means devices, such as cages, trays,
				  and nets, used to contain or protect shellfish.
"Commission" means the Marine Resources Commission.
"Shellfish" means native molluscan species or molluscan
				  species imported in accordance with § 28.2-825 of the Code of
				  Virginia.
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 335 - PERTAINING TO ON-BOTTOM SHELLFISH AQUACULTURE ACTIVITIES › Section 4VAC20-335-30 - Requirements and conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				activity must be conducted on planting ground leased in accordance with Chapter
				6 (§ 28.2-600 et seq.) of Title 28.2 of the Code of Virginia.
B. Leased planting ground must be properly
				marked in accordance with § 28.2-607 of the Code of Virginia and
				4VAC20-290.
C. Aquaculture
				structures shall be delineated with markers meeting the description for markers
				identified in
				4VAC20-290-30. The leaseholder
				shall also place a minimum of two placards, attached to boundary or corner
				markers, stating "aquaculture structures." Such placards shall be a minimum of
				12 inches by 12 inches, constructed of a durable material, facing outward from
				the aquaculture structures, and shall be at least four feet above the mean high
				water line. The chief engineer may approve an alternate plan for marking
				aquaculture structures. In such a case the chief engineer shall direct or
				approve the appropriate markers.
D.
				Any structures placed on the bottom must be nontoxic and shall not be known to
				leach any materials that would violate any water quality standards set by the
				Department of Environmental Quality.
E. Structures shall not extend higher than 12
				inches above the bottom substrate.
F. No new structures shall be placed on
				existing stands of submerged aquatic vegetation.
G. No structures may cause more than a
				minimal adverse effect on navigation.
H. Shellfish must be harvested in accordance
				with all applicable laws and regulations.
I. The commission may direct removal of any
				structures that fail to meet the requirements and conditions of this
				chapter.
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 335 - PERTAINING TO ON-BOTTOM SHELLFISH AQUACULTURE ACTIVITIES › Section 4VAC20-335-40 - 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 336 - GENERAL PERMIT NO. 3 PERTAINING TO NONCOMMERCIAL RIPARIAN SHELLFISH GROWING ACTIVITIES › Section 4VAC20-336-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
For the purposes of this general permit, riparian shellfish
				  gardening is defined as the grow-out of native shellfish species in protective
				  structures such as floats, bags, cages, etc., adjacent to a private,
				  noncommercial pier or otherwise within a waterfront property owner's riparian
				  area, exclusively for private, noncommercial purposes.
Statutory Authority
§ 28.2-103 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 336 - GENERAL PERMIT NO. 3 PERTAINING TO NONCOMMERCIAL RIPARIAN SHELLFISH GROWING ACTIVITIES › Section 4VAC20-336-20 - Discussion

Current through Register Vol. 40, No. 24, July 15, 2024
A. A principal
				objective of the permit streamlining efforts of this agency is the achievement
				of a single permit wherever possible for minor projects with minimal cumulative
				impacts.
B. The Norfolk District of
				the U.S. Army Corps of Engineers has approved a Regional Permit (97-RP-19) for
				certain aquaculture/mariculture activities in waters of the Commonwealth of
				Virginia which are authorized by a local wetlands board or the Virginia Marine
				Resources Commission, or both.
Statutory Authority
§ 28.2-103 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 336 - GENERAL PERMIT NO. 3 PERTAINING TO NONCOMMERCIAL RIPARIAN SHELLFISH GROWING ACTIVITIES › Section 4VAC20-336-30 - Procedures

Current through Register Vol. 40, No. 24, July 15, 2024
The Chief, Habitat Management Division, will administer the
				  general permit and ensure that:
1. The
				approved Local-State-Federal Permit Application form, or General Permit No. 3
				Application Form, is completed and filed in accordance with the instructions
				contained therein.
2. Aquaculture
				activities authorized by this permit achieve the policy and standards implicit
				in Chapter 12 (§ 28.2-1200 et seq.) of Title 28.2 of the Code of Virginia
				and reasonably accommodate guidelines promulgated by the commission.
3. Riparian shellfish gardening structures
				proposed meet the following criteria:
(i) the
				proposed structures must be secured to a private pier which meets the criteria
				set forth in § 28.2-1203(5) of the Code of Virginia, or other duly
				authorized structure in such a manner that they do not adversely impact
				navigation and are wholly within the permittee's riparian area;
(ii) shellfish grown in such structures will
				not be commercially marketed;
(iii) the permittee shall be responsible for
				complying with Virginia Department of Health requirements and fisheries
				regulations regarding shellfish grown in condemned or otherwise restricted
				waters;
(iv) structures being used
				will not exceed 160 square feet in total area; and
(v) structures will be located so as not to
				impact existing stands of submerged aquatic vegetation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 337 - SUBMERGED AQUATIC VEGETATION (SAV) TRANSPLANTATION GUIDELINES › Section 4VAC20-337-10 - 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:
"Commission" means the Virginia Marine Resources
				  Commission.
"Donor bed" means a naturally occurring area of SAV growing
				  on state-owned subaqueous bottom.
"Enhancement" means the increase in areal coverage or
				  improvement in habitat quality of existing SAV beds.
"Mitigation" means activities such as enhancement and
				  restoration that are undertaken to reduce or eliminate the adverse effects on
				  SAV by permitted projects.
"Restoration" means the return of SAV to unvegetated bottom
				  that historically supported SAV.
"Submerged aquatic vegetation" or "SAV" means any of a
				  diverse assemblage of underwater plants found in the shoal areas of Chesapeake
				  Bay, Virginia, coastal bays and river tributaries, primarily eelgrass (Zostera
				  marina) and widgeon grass (Ruppia maritima), and including but not limited to
				  Eurasian watermilfoil (Myriophyllum spicatum), redhead grass (Potamogeton
				  perfoliatus), wild celery (Vallisneria americana), common elodea (Elodea
				  canadensis), water stargrass (Heteranthera dubia), coontail (Ceratophyllum
				  demersum), water-weed (Egeria densa), muskgrass (Najas minor), pondweeds
				  (Potamogeton sp.), and naiads (Najas sp.).
"Test plot" means a small area where transplanted SAV can be
				  monitored to demonstrate the likelihood of success of larger-scale planting
				  efforts.
"Transplantation" means the removal of SAV from a donor bed
				  or nursery-grown location in order to relocate the plants to other areas that
				  historically supported, or have the potential to support, SAV populations for
				  enhancement or restoration purposes.
Statutory Authority
§ 28.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 337 - SUBMERGED AQUATIC VEGETATION (SAV) TRANSPLANTATION GUIDELINES › Section 4VAC20-337-20 - Background

Current through Register Vol. 40, No. 24, July 15, 2024
A. Submerged
				aquatic vegetation (SAV) is an important natural resource that provides a
				variety of ecological functions, including stabilizing sediments, physically
				baffling wave energy, reducing water column turbidity, recycling water column
				nutrients, and providing high levels of primary and secondary production. SAV
				is considered to be of extremely high habitat value to commercially and
				recreationally important species of fish and shellfish, and is considered to be
				the primary settling habitat for young blue crabs in the Chesapeake Bay. SAV is
				estimated to have historically covered approximately 600,000 acres of the
				entire Bay. However, severe declines were noted in the 1960s and 1970s, likely
				due to increasing nutrient and sediment inputs from development within the
				watershed. Natural revegetation has occurred in some areas, yet many areas
				remain either completely unvegetated, sparsely vegetated, or contain lower
				diversity of species than what occurred historically. As of 1998, SAV covered
				only about 63,000 acres of the Bay.
B. The commission's Subaqueous Guidelines, in
				effect since 1976, stress the need to avoid impacts to SAV when permitting
				projects over state-owned bottom. In addition, since 1987, various governmental
				agencies around the Bay have adopted policies and laws to help protect and
				restore SAV from further loss. In an effort to mitigate the unavoidable impacts
				of permitted projects on SAV and assist interested parties in designing SAV
				restoration projects, the Virginia Institute of Marine Science (VIMS) has
				developed general and specific criteria for transplantation activities designed
				to enhance or restore the Bay's SAV resources. These guidelines are designed to
				ensure that any such proposed activities have the highest likelihood of success
				while minimizing the potential for adversely impacting this sensitive and
				valuable marine resource.
Statutory Authority
§ 28.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 340 - PUBLIC PARTICIPATION GUIDELINES › Section 4VAC20-340-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				words and terms, when used in this chapter, shall have the following meanings
				unless the context clearly indicates otherwise:
"Administrative Process Act" means Chapter 1.1:1 (§
				  9-6.14:1 et seq.) of Title 9 of the Code of Virginia.
"Commission" means the Marine Resources Commission.
"Commissioner" means the commissioner of Marine Resources or
				  his designee.
"Division" means the Habitat Management Division of the
				  commission.
"Formal hearing" means agency processes other than those
				  informational or factual inquiries of an informal nature provided in §
				  9-6.14:7.1 of the Administrative Process Act and includes only opportunity for
				  private parties to submit factual proofs in evidential hearings as provided in
				  § 9-6.14:8 of the Administrative Process Act.
"Locality particularly affected" means any locality which
				  bears any identified disproportionate material impact which would not be
				  experienced by other localities.
"Participatory approach" means a method for the use of (i)
				  standing advisory committees, (ii) ad hoc advisory groups or panels, (iii)
				  consultation with groups or individuals registering interest in working with
				  the division, or (iv) any combination of them in the formation and development
				  of chapters for agency consideration. When an ad hoc advisory group is formed,
				  the group shall include representatives of the regulated community and the
				  general public. The decision as to the membership of the group shall be at the
				  discretion of the commissioner.
"Person" means an individual, a corporation, a partnership,
				  an association, a governmental body, a municipal corporation, or any other
				  legal entity.
"Public hearing" means an informal proceeding, similar to
				  that provided for in § 9-6.14:7.1 of the Administrative Process Act, held
				  in conjunction with the Notice of Public Comment to afford persons an
				  opportunity to submit views and data relative to chapters on which a decision
				  of the commission is pending.
"Public meeting" means an informal proceeding conducted by
				  the agency in conjunction with the Notice of Intended Regulatory Action to
				  afford persons an opportunity to submit comments relative to intended
				  regulatory actions.
B.
				Unless specifically defined in this chapter, terms used shall have the meanings
				commonly ascribed to them.
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 340 - PUBLIC PARTICIPATION GUIDELINES › Section 4VAC20-340-20 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. The procedures
				in 4VAC20-340-30 of this chapter shall
				be used by the division for soliciting the input of interested persons in the
				initial formation and development, amendment, or repeal of chapters in
				accordance with the Administrative Process Act. This chapter does not apply to
				chapters exempt from the provisions of the Administrative Process Act (§
				9-6.14:4.1A and B of the Code of Virginia) or excluded from the operation of
				Article 2 of the Administrative Process Act (§ 9-6.14:4.1C of the Code of
				Virginia).
B. The failure of any
				person to receive any notice or copies of any documents provided under this
				chapter shall not affect the validity of any chapter.
C. Any person may petition the commission for
				the adoption, amendment or repeal of a chapter. The petition, at a minimum,
				shall contain the following information:
1.
				Name of petitioner;
2. Petitioner's
				mailing address and telephone number;
3. Petitioner's interest in the proposed
				action;
4. Recommended chapter or
				addition, deletion or amendment to a specific chapter;
5. Statement of need and justification for
				the proposed action;
6. Statement
				of impact on the petitioner and other affected persons; and
7. Supporting documents, as applicable.
The commission shall provide a written response to such
				  petition within 180 days from the date the petition was
				  received.