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Public Notice: Pertaining to the Culling of Oysters

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Marine Resources Commission will consider the following amendments to Regulation 4VAC 20-260-10, ET. SEQ., "Pertaining to the Culling of Oysters". Changes in the culling tolerance for clean cull areas and the description of the clean cull areas will be considered.

PLEASE NOTE THE NOTICE ONLY INCLUDES THOSE CHAPTERS OF THE REGULATION THAT ARE BEING AMENDED. THE COMPLETE AMENDED REGULATION, AS PROPOSED, CAN BE REQUESTED FROM THE VIRGINIA MARINE RESOURCES (757-247-2120) OR BE AVAILABLE FOR PUBLIC REVIEW AT THE VMRC MAIN OFFICE ( 3RD FLOOR).

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VIRGINIA MARINE RESOURCES COMMISSION

PERTAINING TO THE CULLING OF OYSTERS

REGULATION 4VAC 20-260-10 ET. SEQ.

PREAMBLE

This Regulation establishes clean cull and seed areas, a minimum size limit, culling requirements, and inspection procedures for oysters taken from public oyster beds, rocks and shoals in the Chesapeake Bay and its tributaries, and on all oyster grounds on the Seaside of Eastern Shore.

This Regulation is promulgated pursuant to authority contained in 28.2-201, 28.2-507, and 28.2-513 of the Code of Virginia. This Regulation amends and readopts previous Regulation 450-01-0035 4VAC 20-260-10 ET. SEQ. that was adopted January 28, 1997 and made effective on March 28, 1995 February 10, 1997. The effective date of this Regulation is February 10, 1997 March 2, 1998.

4VAC 20-260-20 DESIGNATION OF SEED AREAS AND CLEAN CULL AREAS:

B. Clean cull areas: All natural public oyster beds, rocks, or shoals in the tidal waters of Virginia, except those designated by the Marine Resources Commission as seed areas shall be considered clean cull areas. Two areas within the James River Seed Area are set aside as clean cull areas and are described as follows:

1. Jail Island Clean Cull area ( 1342.23 acres): Beginning at a point approximately 2,000 feet southwest of the shore of Mulberry Island at Point A as located by Virginia State Plane Coordinates, South Zone, NAD 1927 North 281,468.20, East 2,558,879.7; thence North Azimuth 131 26'56", 8,422.95 feet to Corner 1B, North 275,892.62, East 2,565,193.09, then North Azimuth 210 28'11", 3468.98 feet to corner 628, North 272,902.72, East 2,563,434.03, thence North Azimuth 309 07'41", 9174.96 feet to corner 629, North 278,692.63, East 2,556,316.67, then North Azimuth 39 40' 29", 1,777.88 feet to corner 22, North 280,061.03, East 2,557,451.72, then North Azimuth 311 26' 22", 13,325.00 feet to Corner 3, North 288,879.88, East 2,547,462.55, thence North Azimuth 45 25'14", 2,004.82 feet to Corner 4, North 290,287.06, East 2,548,890.54, thence North Azimuth 131 26'22", 13,325.00 feet to Point A, being the point of beginning. (Map 2)

2. Point of Shoals Clean Cull Area (Baylor Acres- 820 Acres): Beginning at Channel Light #7 and continuing along the South side of channel to Tylers Beach to Channel Light #1 at Entrance to Tylers Beach Channel, thence North Azimuth 101o 08' 43", 8,417 feet to an intersection corner near East end of Long Rock, Latitude 37o 04' 28.2", Longitude 76o 37' 37.5", thence North Azimuth 205o 11' 49", 9,604 feet to Day Marker #4, Latitude 37o 03' 03.1", Longitude 76o 38' 30", extending on same Azimuth line to other private ground. This area excludes any private leases within the outlined area. (Map 3)

4VAC 20-260-40 CULLING TOLERANCE OR STANDARDS:

A. In the clean cull areas, if more than one four (4) ten (10) quart measure of undersized oysters or shells is found per bushel inspected it shall constitute a violation of this regulation.

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The Commission will consider the proposed amended regulation and any other comments from individuals interested in this matter at a public hearing to be held at its regularly scheduled meeting on Tuesday, February 24, 1998. The public hearing will be held in the main office of the Virginia Marine Resources Commission on the 4th Floor at 2600 Washington Avenue, Newport News. Fishery items will be heard after 12 noon.

Please submit written comments or questions regarding these proposed amended regulations to Dr. James A. Wesson, VMRC - Conservation and Replenishment Division, P. O. Box 756, Newport News, VA 23607-0756 (757-247-2121).

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VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO DISABILITIES, PLEASE ADVISE KATHY LEONARD AT (757) 247-2120, NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

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