Administrative Code

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

Chapter 780. Patent Tong Restrictions

4VAC20-780-10. Authority and effective date.

A. This chapter is promulgated pursuant to authority contained in §§ 28.1-82 [Repealed] and 28.1-85 [Repealed] of the Code of Virginia.

B. The effective date of this chapter is September 24, 1986.

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 VR450-01-8506 § 1, eff. August 27, 1985; amended, Virginia Register Volume 3, Issue 1, eff. September 24, 1986.

4VAC20-780-20. Purpose.

The purpose of this chapter is to protect and conserve the oyster resource on public oyster grounds where the taking of oysters by patent tong is permitted.

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 VR450-01-8506 § 2, eff. August 27, 1985; amended, Virginia Register Volume 3, Issue 1, eff. September 24, 1986.

4VAC20-780-30. Season opening date.

The season for the taking of oysters from the public oyster grounds by patent tong shall begin on November 1 of each year, except as provided below. In any year in which November 1 falls on a Saturday or Sunday, then the patent tong season opening date shall be the Monday immediately following November 1.

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 VR450-01-8506 § 3, eff. August 27, 1985; amended, Virginia Register Volume 3, Issue 1, eff. September 24, 1986.

4VAC20-780-40. Time of day restriction.

The harvesting of oysters from the public oyster grounds by patent tong shall be limited to the daily period of sunrise to 2 p.m. All patent tonging and culling of oysters shall be completed by 2 p.m. each day.

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 VR450-01-8506 § 4, eff. August 27, 1985; amended, Virginia Register Volume 3, Issue 1, eff. September 24, 1986.

4VAC20-780-50. Other applicable laws, chapters.

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 any subsequent chapter or chapter or both.

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 VR450-01-8506 § 5, eff. August 27, 1985; amended, Virginia Register Volume 3, Issue 1, eff. September 24, 1986.

4VAC20-780-60. Designated area.

This chapter applies to all public oyster grounds where harvesting of oysters by patent tong is permitted.

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 VR450-01-8506 § 6, eff. August 27, 1985; amended, Virginia Register Volume 3, Issue 1, eff. September 24, 1986.

4VAC20-780-70. Penalty.

As set forth in § 28.1-23 [Repealed] of the Code of Virginia, any person, firm, or corporation violating any provisions of this chapter shall be guilty of a Class I misdemeanor.

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 VR450-01-8506 § 7, eff. August 27, 1985; amended, Virginia Register Volume 3, Issue 1, eff. September 24, 1986.



Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.