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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
7/11/2020

4VAC20-720-80. Quotas and Harvest Limits.

A. It shall be unlawful for any person who does not possess a valid commercial fisherman's registration license and a valid gear license required for any harvest area, as described in 4VAC20-720-75 A and B, and has not paid the current year's oyster resource user fee to harvest or possess any oysters for commercial purposes. Any individual who possesses a valid hand scrape or dredge license and has paid the oyster resource user fee as described in this subsection shall be limited to a maximum harvest of eight bushels per day. It shall be unlawful for any vessel to exceed a daily vessel limit of 16 bushels clean cull oysters when the vessel is using the hand scrape or oyster dredge.

B. It shall be unlawful for any person who does not possess a valid commercial fisherman's registration license and a valid gear license required for any harvest area, as described in 4VAC20-720-75, and has not paid the current year's oyster resource user fee to harvest or possess any oysters for commercial purposes. Any individual who possesses a valid hand or hand tong license and has paid the oyster resource user fee as described in this subsection shall be limited to a maximum harvest of 12 bushels per day. It shall be unlawful for any vessel to exceed a daily vessel limit for clean cull oysters when the vessel is using hand tongs or harvesting by hand whereby that vessel limit shall equal the number of registered commercial fisherman licensees on board the vessel who hold a valid gear license and have paid the oyster resource user fee multiplied by 12.

C. It shall be unlawful for any person who does not possess a valid commercial fisherman's registration license and a valid gear license required for any harvest area as described in 4VAC20-720-75 and has not paid the current year's oyster resource user fee to harvest or possess any oysters for commercial purposes. Any individual who possesses a valid patent tong license and has paid the oyster resource user fee as described in this subsection shall be limited to a maximum harvest of eight bushels per day. It shall be unlawful for any vessel to exceed a daily vessel limit of 16 bushels of clean cull oysters harvested from the areas described in 4VAC20-720-40 B when the vessel is using patent tongs.

D. In the Pocomoke and Tangier Sounds Rotation Area 1, no blue crab bycatch is allowed. It shall be unlawful to possess on board any vessel more than 250 hard clams.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0095 § 8, eff. October 1, 1993; amended, Volume 10, Issue 14, eff. February 23, 1994; Virginia Register Volume 11, Issue 03, eff. October 5, 1994; Virginia Register Volume 11, Issue 07, eff. December 1, 1994, except § 8 (4VAC20-780-80) which has an effective date of November 28, 1994, to December 28, 1994; Virginia Register 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 13, Issue 07, eff. December 1, 1996; Volume 13, Issue 12, eff. February 10, 1997; Volume 14, Issue 03, eff. October 1, 1997; Volume 15, Issue 03, eff. October 1, 1998; Volume 15, Issue 12, eff. February 1, 1999; 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 05, eff. November 1, 2002; Volume 19, Issue 09, eff. December 27, 2002; Errata, 19:12 VA.R. 1915 February 24, 2003; amended, Virginia Register Volume 20, Issue 04, eff. October 8, 2003; Volume 20, Issue 06, eff. November 1, 2003; Volume 20, Issue 10, eff. January 1, 2004; Volume 20, Issue 14, eff. March 1, 2004; 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 23, Issue 04, eff. October 1, 2006; Volume 23, Issue 21, eff. May 23, 2007; Volume 24, Issue 04, eff. October 1, 2007; Volume 24, Issue 12, eff. February 1, 2008; 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 27, Issue 12, eff. January 28, 2011; 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 32, Issue 17, eff. March 24, 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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