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Administrative Code

Virginia Administrative Code
10/6/2024

Part II. Pertaining to the Taking or Catching of Soft Shell Clams from Leased Grounds

4VAC20-70-30. License required for use of a hydraulic dredge on leased ground.

A. It shall be unlawful to take or catch soft shell clams from any leased grounds in any of the tidal waters of the Commonwealth by the use of a hydraulic dredge without first obtaining (i) a soft shell clam dredge license for each boat used for such a purpose and (ii) a permit for each boat and operator thereof.

B. Any lessee desiring to take or catch soft shell clams from leased ground by the use of a hydraulic dredge shall apply to the officer in charge of the district, in writing, specifying the location and identity of the specific lease or leases where he desires to dredge and request the privilege to dredge the specific lease or leases.

C. Each application will be reviewed by the commission. The commission may conduct a public hearing on such application if, in its discretion, it is deemed necessary. If the commission deems it wise to permit dredging of soft shell clams within the area of such a lease, the commission engineers shall first approve the existing boundaries, survey and plat of each lease. Any surveying or marking of the lease which may be necessary shall be at the expense of the lessee, unless such survey shows that the leased ground was properly marked.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0010 § 2.1, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 22, Issue 4, eff. December 1, 2005; Volume 31, Issue 23, eff. July 1, 2015.

4VAC20-70-40. Additional permits required for use of a hydraulic dredge on leased ground.

A. After the license is issued by the officer in charge of the district and before the licensee may begin to operate the hydraulic dredge, the lessee shall obtain from the officer in charge of the district a separate and individual permit which combines the identification of each lease, boat, and the operator thereof. An additional permit shall be obtained from the officer in charge of the district each time there is any change in operations which does not comply with all provisions in the original permit.

B. The license and permit shall at all times be on board the boat available for inspection by any inspector of the commission.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0010 § 2.2, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 31, Issue 23, eff. July 1, 2015.

4VAC20-70-50. Operation of a hydraulic dredge on leased ground.

A. It shall be unlawful to operate a hydraulic dredge in the nighttime between the hours of sunset and sunrise or on Sunday for the catching of soft shell clams from leased ground.

B. It shall be unlawful to operate a hydraulic dredge on any lease for less than three acres unless adjoining other leases where the combined leases total more than three acres.

C. It shall be unlawful to operate a hydraulic dredge on any leased ground unless the boundaries of the lease are distinctly marked between corners to the satisfaction of the officer in charge of the district. All such marking shall be continually maintained during the dredging operations.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0010 § 2.3, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 31, Issue 23, eff. July 1, 2015.

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