Administrative Code

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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 310. Pertaining to the Relaying of Shellfish

4VAC20-310-20. General provisions.

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.

Historical Notes

Derived from VR450-01-0042 § 2, eff. April 1, 1987; amended, Virginia Register Volume 6, Issue 25, eff. August 1, 1990; Volume 11, Issue 22, eff. July 1, 1995; Volume 22, Issue 4, eff. October 1, 2005.

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