Administrative Code

Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 20. Marine Resources Commission
7/11/2020

Chapter 130. Pertaining to Prohibited Areas for Use of Patent Tongs

4VAC20-130-10. Purpose.

The purpose of this chapter is to provide for appropriate conservation of the shellfish resources of the Commonwealth of Virginia.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR250-01-0016 § 1, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.

4VAC20-130-20. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"Public ground" means all those grounds defined in § 28.2-551 of the Code of Virginia, all grounds set aside as public ground by court order, and all grounds set aside as public oyster ground or public clam ground by order of the Marine Resources Commission.

"Unassigned ground" means all grounds other than public ground as defined by this chapter and which have not been set aside or assigned by lease, permit, or easement by the Marine Resources Commission.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR250-01-0016 § 2, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.

4VAC20-130-30. Poquoson River area.

The use of patent tongs is prohibited on all public and unassigned ground in the Poquoson River and any of its tributaries, in Chisman Creek and any of its tributaries, and in Cabin Creek and any of its tributaries upstream of a line beginning at Hunts Point Survey Station Taylor and running northwesterly to Survey Station Spit, thence northeasterly to Survey Station Cabin North, thence easterly to Survey Station Cabin South; such line being the same as the western boundary of the Poquoson River Shellfish Management Area as set forth in VR 450-01-0073.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR250-01-0016 § 3, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.

4VAC20-130-40. Penalty.

As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violation is a Class 1 misdemeanor.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR250-01-0016 § 4, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.



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