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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 720. Pertaining to Restrictions on Oyster Harvest
11/23/2024

4VAC20-720-60. Day and time limit.

A. It shall be unlawful to take, catch, or possess oysters on Saturday and Sunday from the public oyster grounds or unassigned grounds in the waters of the Commonwealth of Virginia for commercial purposes, except that this provision shall not apply to any person harvesting no more than one bushel per day by hand or ordinary tong for household use only during the season when the public oyster grounds or unassigned grounds are legally open for harvest.

B. It shall be unlawful to do any of the following from the harvest areas described in Table 1 or Table 2 of 4VAC20-720-40:

1. Harvest or attempt to harvest oysters prior to sunrise or after sunset.

2. For any vessel to leave the dock until one hour before sunrise or return to the dock after sunset if the vessel has an oyster dredge or hand scrape aboard.

3. From October 1 through October 31, for any person to harvest or attempt to harvest clean cull oysters after 11 a.m. and from May 1 through May 30, to harvest or attempt to harvest clean cull oysters after 10 a.m.

4. Beginning November 1, for any person to harvest or attempt to harvest clean cull oysters after noon with patent tongs, hand scrapes, or oyster dredges.

5. For any person to harvest or attempt to harvest oysters after 2 p.m. with hand tongs.

In addition, it shall be unlawful for any vessel to leave the dock until one hour before sunrise or return to the dock after sunset if the vessel has an oyster dredge or hand scrape aboard.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0095 § 6, eff. October 1, 1993; amended, Virginia Register Volume 10, Issue 14, eff. February 23, 1994; Volume 11, Issue 3, eff. October 5, 1994; Volume 11, Issue 7, eff. December 1, 1994; Volume 11, Issue 16, eff. April 4, 1995; Volume 12, Issue 3, eff. October 1, 1995; Volume 12, Issue 5, eff. October 27, 1995; Volume 13, Issue 3, eff. October 1, 1996; Volume 14, Issue 3, eff. October 1, 1997; Volume 15, Issue 3, eff. October 1, 1998; Volume 16, Issue 3, eff. October 1, 1999; Volume 16, Issue 12, eff. February 4, 2000; Volume 17, Issue 3, eff. October 1, 2000; Volume 18, Issue 3, eff. October 1, 2001; Volume 19, Issue 3, eff. October 1, 2002; Volume 19, Issue 9, eff. December 27, 2002; Volume 20, Issue 4, eff. October 8, 2003; Volume 20, Issue 6, eff. November 1, 2003; Volume 20, Issue 10, eff. January 1, 2004; Volume 20, Issue 14, eff. March 1, 2004; Volume 21, Issue 4, eff. October 1, 2004; Volume 21, Issue 8, eff. December 1, 2004; Volume 22, Issue 4, eff. October 1, 2005; Volume 23, Issue 4, eff. October 1, 2006; Volume 23, Issue 21, eff. May 23, 2007; Volume 24, Issue 4, eff. October 1, 2007; Errata, 24:12 VA.R. 1701 February 18, 2008; Volume 24, Issue 12, eff. February 1, 2008; Volume 25, Issue 3, eff. October 1, 2008; Volume 26, Issue 4, eff. October 1, 2009; Volume 26, Issue 19, eff. May 1, 2010; Volume 27, Issue 3, eff. October 1, 2010; Volume 28, Issue 3, eff. October 1, 2011; Volume 29, Issue 3, eff. October 1, 2012; Volume 30, Issue 4, eff. November 1, 2013; Volume 31, Issue 2, eff. October 1, 2014; Volume 32, Issue 1, eff. September 1, 2015; Volume 32, Issue 4, eff. October 1, 2015; Volume 32, Issue 6, eff. November 1, 2015; Volume 33, Issue 2, eff. August 31, 2016; Volume 34, Issue 2, eff. October 1, 2017; Volume 35, Issue 2, eff. October 1, 2018; Volume 36, Issue 3, eff. October 1, 2019; Volume 37, Issue 2, eff. October 1, 2020; Volume 38, Issue 2, eff. October 1, 2021; Errata, 38:14 VA.R. 2113 February 28, 2022; amended, Virginia Register Volume 39, Issue 2, eff. October 1, 2022; Errata, 39:4 VA.R. 380 October 10, 2022; amended, Virginia Register Volume 40, Issue 3, eff. October 1, 2023; Errata, 40:7 VA.R. 449 November 20, 2023; amended, Virginia Register Volume 41, Issue 5, eff. October 1, 2024.

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