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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 1230. Pertaining to Restrictions on Shellfish
11/23/2024

4VAC20-1230-30. Public health and warm water harvest restrictions for shellfish.

A. It shall be unlawful for any commission employee or representative to issue any shellfish license, shellfish permit, or oyster resource user fee to any person unless that person has successfully completed the Shellfish Harvest Safety Training Certification Course. It shall be unlawful for any person to harvest or attempt to harvest shellfish unless that person has successfully completed the Shellfish Harvest Safety Training Certification Course. The Shellfish Harvest Safety Training Certification shall be valid from the date of issuance through the next five calendar years.

B. No provisions in this chapter shall apply to seed clams or seed oysters.

C. It shall be unlawful for any person to have any cat, dog, or other animal on board a vessel during the harvest of shellfish.

D. From May 1 through October 31, any vessel used for the harvest of shellfish, from either public or private grounds, shall provide shading over the area that serves as storage for the shellfish when the shellfish are on board that vessel. All shellfish in the vessel shall be offloaded every day. Shading shall not be required for vessels transporting clam seed or seed oysters for replanting.

E. From May 1 through October 31, all shellfish shall be shaded during land-based deliveries.

F. From June 1 through August 31, it shall be unlawful for any person to leave the dock or shore prior to one hour before sunrise to harvest or attempt to harvest shellfish from private grounds.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 26, Issue 19, eff. May 1, 2010; amended, Virginia Register Volume 27, Issue 4, eff. January 1, 2011; Volume 27, Issue 19, eff. May 1, 2011; Volume 28, Issue 21, eff. May 31, 2012; Volume 30, Issue 19, eff. May 1, 2014; Volume 31, Issue 2, eff. October 1, 2014; Volume 34, Issue 17, eff. April 1, 2018; Volume 38, Issue 10, eff. January 1, 2022.

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