Part IV. Pertaining to the Taking or Catching of Hard Shell Clams from Public, Unassigned and Leased Ground
4VAC20-70-100. Crab dredge boat not to take clams.
A. It shall be unlawful for any person in charge of any boat licensed to catch crabs with a dredge to have or allow on board any clams in excess of 250, except as provided in subsection B of this section.
B. Any person in charge of any boat licensed to catch crabs with a dredge shall be allowed to have or allow on board any hard clams in excess of 250 on the seaside of Accomack and Northampton counties provided he has the license and permit required to take hard clams.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0010 § 4.1, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 23, Issue 12, eff. February 1, 2007.
4VAC20-70-110. Hydraulic dredge.
As set forth in § 28.2-520 of the Code of Virginia, it shall be unlawful to take or catch hard shell clams from in any of the tidal waters of the Commonwealth by the use of a hydraulic dredge. The Virginia Institute of Marine Science may use hydraulic dredges to take and catch hard shell clams on an experimental basis.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0010 § 4.2, Virginia Register Volume 11, Issue 19, eff. May 2, 1995.
4VAC20-70-120. Conventional dredge.
A. It shall be unlawful to take or catch hard shell clams from any public or unassigned grounds in the tidal waters of the Commonwealth by the use of a conventional dredge except as provided in subsection B of this section.
B. It shall be lawful only between December 1 and April 1, to take or catch hard shell clams by the use of a conventional dredge from unassigned ground on the seaside of Accomack and Northampton counties where the water is more than four feet in depth at mean low water, provided each person complies with all the provisions of this chapter.
C. It shall be unlawful to operate a conventional dredge as permitted in subsection B of this section between one hour before sunset and one hour after sunrise, or on Sunday.
D. Any person who may desire to take or catch hard shell clams from leased ground by the use of a conventional dredge shall comply with all provisions of §§ 28.2-515, 28.2-516, and 28.2-517 of the Code of Virginia, except the provisions thereof relating to planting of seed oysters or shells and the use of said ground for cultivation of oysters.
E. It shall be unlawful for any person to use or have overboard any dredge within the following defined areas: all public waters of Chincoteague Bay and Assateague Bay and Channel lying east of a line that begins at the Virginia/Maryland state line marker "D" at latitude 38°01'10.00" N and longitude 75°19'50.90" W, thence southerly to the boundary marker located at latitude 38°00'19.00" N and longitude 75°20'09.90" W, thence southwesterly to the next boundary marker located at latitude 37°59'52.76" N and longitude 75°20'42.52" W, thence southwesterly to the next boundary marker located at latitude 37°59'35.13" N and longitude 75°21'40.28" W, thence southwesterly to channel marker R "14"' thence southerly to channel marker R "12" located adjacent to corner 627 of the Public Clamming Ground, thence southeasterly to channel marker R "10," thence southeasterly to channel marker G "9," thence southerly to channel marker R "8," thence southerly to channel marker R "6," thence southerly to channel marker R "4," thence southerly to channel marker G "1," thence due east to the shoreline to a point located at latitude 37°56'19.95," and longitude 75°22'17.44".
All public waters lying west of a line that begins at Cockle Point at latitude 37°59'09.54" N and longitude 75°24'25.82" W, thence northeasterly to the next boundary marker located at latitude 37°59'34.09" N and longitude 75°24'03.27" W, thence northeasterly to the next boundary marker located at latitude 38°00'02.69" N and longitude 75°23'36.38" W, thence northeasterly to channel marker Fl G "3."
F. All leased ground within the defined boundaries of subsection E of this section and meeting the provisions of subsection D of this section shall be exempt from the prohibition on dredging.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0010 § 4.3, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 18, Issue 5, eff. December 1, 2001.
4VAC20-70-130. Rakes.
It shall be unlawful to take hard shell clams from any public or unassigned grounds in the tidal waters of Virginia by means of a rake other than by a conventional clam rake provided, however, that a bull rake may be used to take hard shell clams from the public or unassigned grounds on the seaside of Accomack and Northampton Counties from October 1 through April 30 inclusive. Further, a conventional clam rake or a bull rake may only be used by hand; any other means of use, including any method of attachment to a boat while the gear is harvesting, shall be unlawful.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0010 § 4.4, Virginia Register Volume 11, Issue 19, eff. May 2, 1995.
4VAC20-70-135. Water rakes.
A. It shall be unlawful for any person to purchase a water rake permit, unless that person is a valid clam aquaculture product owner permittee.
B. It shall be unlawful for any person to harvest or attempt to harvest cultured clams by water rake from leased ground without a water rake permit.
C. It shall be unlawful for any person to pull a water rake by any means, other than by hand, and it shall be unlawful for that person to use any mechanical assistance while harvesting or attempting to harvest cultured clams.
D. It shall be unlawful for any person to harvest or attempt to harvest cultured clams by water rake prior to sunrise or after sunset. It shall be unlawful for any person to leave the dock prior to one hour before sunrise, or return to the dock after sunset, on a boat with a water rake on that boat.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 31, Issue 23, eff. July 1, 2015.
4VAC20-70-140. License required.
The license shall at all times be on board the boat available for inspection by any officer.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0010 § 4.5, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 22, Issue 4, eff. December 1, 2005.