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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 1290. Pertaining to Restrictions on the Harvest of Shellfish and in Condemned Shellfish Areas
11/23/2024

4VAC20-1290-40. Permit to relay shellfish from restricted shellfish areas.

A. It shall be unlawful to relay shellfish from a general oyster planting ground within a restricted shellfish area without first obtaining a daily restricted shellfish area relay permit from the Marine Resources Commission.

B. The daily restricted shellfish area relay permit shall be valid for only one calendar day of shellfish relay activities. Shellfish area relay activities authorized by issuance of a daily restricted shellfish area relay permit shall not begin before 6 a.m. and shall not extend beyond 6 p.m.

C. A daily restricted shellfish area relay permit shall only be issued to a lawfully licensed oyster aquaculture product owner permittee or a clam aquaculture product owner permittee.

D. Any person whose commercial fisherman registration license, oyster aquaculture product owner permit, or clam aquaculture product owner permit is currently revoked or rescinded by the Marine Resources Commission pursuant to § 28.2-232 or 28.2-528 of the Code of Virginia shall not be authorized to possess a daily restricted shellfish area relay permit. Any person who fails to pay at any time all fees, all costs, and the current annual rent for the general oyster planting ground identified for harvest or relay of shellfish shall be subject to either nonissuance or termination of that daily restricted shellfish area relay permit.

E. The daily restricted shellfish area relay permit shall include (i) the name, address, and telephone number of the permittee; (ii) the location of the Virginia Department of Health, Division of Shellfish Safety and Waterborne Hazards restricted shellfish area; (iii) the general oyster planting ground lease numbers from which the shellfish will be harvested; (iv) the location of the Virginia Department of Health, Division of Shellfish Safety and Waterborne Hazards approved relay area; (v) the general oyster planting ground lease numbers on which the shellfish will be planted; (vi) the vessel identification for each vessel used to relay shellfish (Coast Guard documentation number, Virginia license number, or hull/VIN number); (vii) the vehicle identification number for each vehicle used to relay shellfish (Virginia license number or VIN number); (viii) the identification and address of any offloading location or facility; and (ix) if cages will be used and conform to the provisions established by Pertaining to the Relaying of Shellfish (4VAC20-310).

F. Any harvesting of shellfish from a restricted shellfish area, including any loading of vessels or vehicles, and planting of shellfish from a restricted shellfish area shall be conducted under Marine Resources Commission staff supervision. All scheduling of harvesting and planting of shellfish from a restricted shellfish area shall be determined by the marine police area supervisors based on the availability of Marine Resources Commission staff and weather conditions. Permittees shall notify the marine police supervisors of the restricted shellfish harvest area and corresponding planting area no later than one week before any restricted shellfish area relay activities can occur.

G. Prior to approval of any daily restricted shellfish area relay permit and before issuance of such permit, the permittee shall pay the Marine Resources Commission a one-time fee of $150.00 for the calendar year in which the shellfish relay will occur.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 21, eff. June 1, 2015; amended, Virginia Register Volume 40, Issue 18, eff. April 1, 2024.

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