Administrative Code

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

Chapter 770. Piankatank River Management Area

4VAC20-770-10. Authority, purpose and designated area.

A. Authority and effective date:

1. This chapter is promulgated pursuant to authority contained in § 28.1-128.4 [Repealed] of the Code of Virginia.

2. The effective date of this chapter is January 1, 1985.

B. Purpose. The purpose of this chapter is to exercise the authority granted the Marine Resources Commission in § 28.1-128.4 [Repealed] of the Code of Virginia, to protect and promote the oyster fishery in the Piankatank River.

C. Designated area. The designated area is described as follows:

"Such area is contained within the boundaries of a line commencing at the southernmost point of Stove Point; thence, in a southeasterly direction to the extreme northwesternmost point of Gwynn Island known as Cherry Point; thence, in a southwesterly direction along the shoreline of Gwynn Island to the No. 3 light at the mouth of Narrows Point; thence, in a northwesterly direction to No. 10 at Stove Point; thence, in a northeasterly direction to Stove Point and the point of beginning."

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-8412, eff. December 31, 1984.

4VAC20-770-20. General.

A. Definitions. The following definitions are applicable to this chapter:

"Commission" shall mean the Marine Resources Commission.

"Commissioner" shall mean the commissioner of the Marine Resources Commission.

"Management area" shall be that designated area describe in 4VAC20-770-10 C.

"Inspector" shall mean any uniform inspector of the commission.

B. Opening and closing. The commission, whenever it deems it advisable to protect or promote the growth of oysters, may close or open any area or restrict the manner or method of harvesting such species in the management area.

C. Size. All oysters harvested under 4VAC20-770-30 through 4VAC20-770-50 of this chapter are to be culled to a 3-inch minimum length, unless otherwise notified.

D. Other applicable laws, chapters, et cetera. All laws, chapters, and orders otherwise in effect shall remain in full force and effect, except as may be specifically modified by this chapter or subsequent chapter.

E. Violation. Violation of any provisions of this chapter shall be considered a violation of § 28.1-128.4 [Repealed] of the Code of Virginia, and shall be punishable as a misdemeanor as provided for in § 28.1-187 [Repealed] of the Code of Virginia.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-8412, eff. December 31, 1984.

4VAC20-770-30. Harvesting oysters by hand tongs.

A. Area. The entire management area shall be open to harvesting of oysters under this section.

B. Gear Limitations. Patent tongs or dredges are not allowed on a vessel at the same time that hand tongs are on board.

Statutory Authority

§ 28.2-201 and Chapter 5 (§ 28.2-500 et seq.) of Title 28.2 of the Code of Virginia.

Historical Notes

Derived from VR450-01-8412, eff. December 31, 1984.

4VAC20-770-40. Harvesting oysters by patent tongs.

A. Area. The entire management area shall be open to harvesting under this section.

B. Season. The season under this section shall be from October 1 through the last day of February, inclusive, of each year.

C. Time of day. The harvesting of oysters under this section shall be limited to from sunrise to 2 p.m. Culling boards shall be clean before sunrise and by 2 p.m.

D. Gear Limitations. Only two patent tongs may be on board any boat at any time. Hand tongs or dredges are not permitted on board any vessel at the same time as patent tongs.

Statutory Authority

§ 28.2-201 and Chapter 5 (§ 28.2-500 et seq.) of Title 28.2 of the Code of Virginia.

Historical Notes

Derived from VR450-01-8412, eff. December 31, 1984.

4VAC20-770-50. Harvesting oysters by dredge.

Gear Limitation. Harvesting of oysters by dredge shall be prohibited in the management area.

Statutory Authority

§ 28.2-201 and Chapter 5 (§ 28.2-500 et seq.) of Title 28.2 of the Code of Virginia.

Historical Notes

Derived from VR450-01-8412, eff. December 31, 1984.



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