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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
6/30/2022

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 13 except by hand tong. It shall be unlawful for any person to have a hand scrape or oyster dredge 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 14 through B 20 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 23 through B 25 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, 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 13, Issue 3, eff. October 1, 1996; Volume 14, Issue 3, eff. October 1, 1997; Volume 15, Issue 3, eff. October 1, 1998; Volume 15, Issue 7, eff. December 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 21, Issue 4, eff. October 1, 2004; Volume 21, Issue 8, eff. December 1, 2004; Volume 22, Issue 4, eff. October 1, 2005; Volume 22, Issue 10, eff. January 1, 2006; Volume 23, Issue 4, eff. October 1, 2006; Volume 23, Issue 21, eff. May 23, 2007; Volume 24, Issue 4, eff. October 1, 2007; Volume 25, Issue 3, eff. October 1, 2008; Volume 26, Issue 4, eff. October 1, 2009; 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 3, eff. October 1, 2013; 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 32, Issue 9, eff. January 1, 2016; 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 35, Issue 9, eff. December 11, 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.

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