Administrative Code

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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
4/1/2020

4VAC20-720-70. Gear Restrictions.

A. It shall be unlawful for any person to harvest oysters in the James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area and the areas described in 4VAC20-720-40 B 1 through B 10 except by hand tong. It shall be unlawful for any person to have a hand scrape on board a boat that is harvesting or attempting to harvest oysters from public grounds by hand tong.

B. It shall be unlawful to harvest oysters by any gear from the seaside of the Eastern Shore except by hand or hand tong. It shall be unlawful to harvest oysters that are not submerged at mean low water by any gear other than by hand.

C. It shall be unlawful to harvest oysters from the areas described in 4VAC20-720-40 B 11 through B 15 by any gear except hand scrape.

D. It shall be unlawful for any person to have more than one hand scrape on board his vessel while he is harvesting oysters or attempting to harvest oysters from public grounds. It shall be unlawful for any person to have a hand tong on board his vessel while he is harvesting or attempting to harvest oysters from public grounds by hand scrape.

E. It shall be unlawful to harvest oysters from the Pocomoke and Tangier Sounds Rotation Area 1, except by an oyster dredge.

F. It shall be unlawful to harvest oysters from the areas described in 4VAC20-720-40 B 18 through B 21 except by patent tong.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0095 § 7, eff. October 1, 1993; amended, Volume 10, Issue 14, eff. February 23, 1994; Volume 11, Issue 03, eff. October 5, 1994; Volume 11, Issue 07, eff. December 1, 1994; Volume 11, Issue 16, eff. April 4, 1995; Volume 12, Issue 03, eff. October 1, 1995; Volume 13, Issue 03, eff. October 1, 1996; Volume 14, Issue 03, eff. October 1, 1997; Volume 15, Issue 03, eff. October 1, 1998; Volume 15, Issue 07, eff. December 1, 1998; Volume 16, Issue 03, eff. October 1, 1999; Volume 16, Issue 12, eff. February 4, 2000; Volume 17, Issue 03, eff. October 1, 2000; Volume 18, Issue 03, eff. October 1, 2001; Volume 19, Issue 03, eff. October 1, 2002; Volume 19, Issue 09, eff. December 27, 2002; Volume 20, Issue 04, eff. October 8, 2003; Volume 20, Issue 06, eff. November 1, 2003; Volume 21, Issue 04, eff. October 1, 2004; Volume 21, Issue 08, eff. December 1, 2004; Volume 22, Issue 04, eff. October 1, 2005; Volume 22, Issue 10, eff. January 1, 2006; Volume 23, Issue 04, eff. October 1, 2006; Volume 23, Issue 21, eff. May 23, 2007; Volume 24, Issue 04, eff. October 1, 2007; Volume 25, Issue 03, eff. October 1, 2008; Volume 26, Issue 04, eff. October 1, 2009; Volume 27, Issue 03, eff. October 1, 2010; Volume 28, Issue 03, eff. October 1, 2011; Volume 29, Issue 03, eff. October 1, 2012; Volume 30, Issue 03, eff. October 1, 2013; Volume 30, Issue 04, eff. November 1, 2013; Volume 31, Issue 02, eff. October 1, 2014; Volume 32, Issue 01, eff. September 1, 2015; Volume 32, Issue 04, eff. October 1, 2015; Volume 32, Issue 06, eff. November 1, 2015; Volume 32, Issue 09, eff. January 1, 2016; Volume 33, Issue 02, eff. August 31, 2016; Volume 34, Issue 02, eff. October 1, 2017; Volume 35, Issue 02, eff. October 1, 2018; Volume 35, Issue 09, eff. December 11, 2018; Volume 36, Issue 03, eff. October 1, 2019.

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