VIRGINIA MARINE RESOURCES COMMISSION
"PERTAINING TO RESTRICTIONS ON OYSTER HARVEST"
CHAPTER 4VAC 20-720-10 ET. SEQ.
PREAMBLE
This chapter sets times of closure and other restrictions on the harvest of oysters from all oyster grounds in the Chesapeake Bay and its tributaries, including the tributaries of the Potomac River and on the Seaside of Eastern Shore. This chapter is promulgated pursuant to authority contained in §§28.2-201, 28.2-518, and 28.2-507 of the Code of Virginia. This chapter amends and re-adopts, as amended, previous Chapter 4VAC20-720-10, which was adopted September 25, 2007 and effective October 1, 2007. The effective date of this chapter, as amended, is February 1, 2008.
Click here for PDF document Rappahannock River Rotation Area 1
“Rappahannock River Rotation Area 2” shall consist of all public grounds in the Rappahannock River with a boundary on the east side defined as beginning at the house at Mosquito Point (37° 36.523’, N., 76° 21.595’, W.); thence, southeast to Mosquito Point Light “8R” (37º 36.100’, N., 76º 21.300’, W.); thence, continuing southeasterly to Sturgeon Bar Beacon “7R” (37º 35.150’, N., 76º 19.733’, W.); thence, southwesterly to VMRC buoy (37° 34.933’N., 76° 21.050’,W.); thence, southwesterly to VMRC buoy (37° 34.883’, N., 76° 21.100’, W.); thence, to a pier west of Hunting Creek at Grinels (37° 34.436’N., 76° 26.288’, W.). Rappahannock River Rotation Area 2 is bordered on the west by a line beginning at Mill Creek channel marker “4” (37° 35.083’, N., 76° 26.950’, W.); thence, northeasterly to Mill Creek channel marker “2” (37° 35.483’ N., 76° 24.567’, W.); thence, northeasterly to the house at Mosquito Point (37° 36.523’, N., 76° 21.595’, W.).
“Rappahannock River Rotation Area 3”, shall consist of all public grounds in the Rappahannock River with a boundary defined as beginning from the north channel fender at the Norris Bridge (37° 37.483’, N., 76° 25.035’, W.); thence, southeast to the house on Mosquito Point (37° 36.523’, N., 76° 21.595’, W.; thence southwest to Mill Creek channel marker “2” (37° 35.483’, N., 76° 24.567’, W.); thence southwesterly to Mill Creek channel marker “4” (37° 35.083’, N., 76° 24.950’, W.); thence northeasterly to Parrotts Creek channel marker “1” (37° 36.033’, N., 76° 25.417’, W.); thence northerly to VMRC buoy (37° 36.333’, N., 76° 25.200’, W.); thence returning northerly to the Norris Bridge north channel fender.
“Rappahannock River Rotation Area 4" shall consist of all public grounds in the Rappahannock River with the boundary defined as beginning at the White Stone end of the Norris Bridge (37º 38.129’, N., 76º 24.722’, W.); thence, along the Norris Bridge to the north channel fender (37º 37.483’, N., 76º 25.035’, W.); thence westerly to the VMRC buoy 5-4 (36º 38.005’, N., 76º 30.028’, W.); thence, north to Old House Point (37º 39.139’, N., 76º 29.685’, W.); thence, northerly to Ball Point (37º 41.660’, N., 76º 28.632’, W.); thence, continuing northerly to Bar Point (37º 41.666’, N., 76º 28.866’, W.); thence easterly to Black Stump Point (37º 41.737’, N. 76º 28.111’, W.); thence, southeasterly to the western headland of Taylor Creek (37º 40.983’, N., 76º 27.602’, W.); thence, southwesterly to VMRC Buoy at Ferry Bar north (37º 40.300’, N., 76º 28.500’, W.); thence, southeasterly to VMRC Buoy at Ferry Bar South (37° 40.167’, N., 76° 28.583’, W.); thence, southwesterly to Corrotoman Point Duck Blind (37º 39.945’, N., 76º 28.467’, W.); thence, southerly to VMRC Buoy 543 (37º 39.267’, N., 76º 27.850’, W.); thence, southerly to VMRC Buoy at Drumming West (37º 38.833’, N., 76º 27.683’, W.); thence, southerly to VMRC buoy at Drumming East (37º 38.833’, N., 76º 27.567’, W.); thence, northeasterly to Orchard Point (37º 38.924’, N., 76º 27.126’, W.).
“Rappahannock River Rotation Area 5” shall consist of public grounds in the Rappahannock River with a boundary defined as beginning east of a line from the east headland of Whiting Creek (37° 36.658’,N., 76° 30.312’, W.,); thence, north to Towlest Pt. buoy “6” (37º 38.033’, N., 76º 30.283’, W.); thence, easterly to VMRC buoy 5-4 (37º 38.005’, N., 76º 30.028’, W.) continuing easterly to the Norris Bridge north channel fender (37º 37.483’, N., 76º 25.035’, W.); thence, along the Norris Bridge southwest to Grey’s Point (37º 36.833’, N., 76º 25.999’, W.).
“Rappahannock River Rotation Area 6” shall consist of all public grounds in the Rappahannock River with a boundary defined as beginning from Balls Point (37° 39.355’, N., 76° 34.444’, W.); thence, northeast to the flashing red buoy “8” off Rogue Pt. (37° 40.158’, N., 76° 32.939’, W.); thence, southeasterly to VMRC Towles Point Area buoy (37º 38.833’, N., 76º 31.536’, W.); thence, southwesterly to VMRC White House Sanctuary buoy (37º 38.150’, N., 76º 30.533’, W.); thence, southeasterly to red buoy “6” (37º 38.033’, N., 76º 30.283’, W.); thence, southerly to the eastern headland of the mouth of Whiting Creek (37º 36.658’, N., 76º 30.312’, W.).
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6
"Rappahannock River Area 7" shall consist of all public grounds in the Rappahannock River with a boundary defined as beginning south of a line from Punchbowl Point (37° 44.675’, N., 76° 37.325’, W.) to Monaskon Point (37° 44.063’, N., 76° 34.108’, W.) to a line from Rogue’s Point (37º 40.040’, N., 76º 32.253’, W.); thence, northwest to flashing red buoy “8” (37º 40.158’. N., 76º 32.939’, W.) continuing southwest to Balls Point (37º 39.355’, N., 76º 34.444’, W.).
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Area 7
“Rappahannock River Area 8”, shall consist of all public grounds in the Rappahannock River with a boundary defined as beginning east and south of a line from Jones Point (37° 46.786’, N., 76° 40.835’, W.) to Sharps Point (37° 49.364’, N., 76° 42.087’, W.) to a line from Punchbowl Point (37º 44.675’, N., 76º 37.325’, W.) to Monaskon Point (37º 44.063’, N., 76º 34.108’, W.).
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Area 8
"Rappahannock River Area 9" shall consist of all public grounds in the Rappahannock River with a boundary defined as beginning west of the line drawn from Sharps Pt. (37° 49.364’, N., 76° 42.087’, W.) to Jones Pt (37° 46.786’, N., 76° 40.835’, W) to the Route 360 (Drumming Bridge).
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Area 9
"Standard oyster dredge" means any device or instrument having a maximum weight of 150 pounds with attachments, maximum width of 50 inches and maximum tooth length of four inches.
“Tangier-Pocomoke Sounds Rotation Area 1” shall include all public and unassigned grounds within the PTSMA, in Tangier Sound, that are west and south of a line beginning at the Maryland-Virginia Line (37º 54.61360’,N. 75º 53.97396’,W.) continuing south on Great Fox Island (37º 53.69465’,N., 75º 53.88988’,W.); thence continuing west to point “Area 2-NW” (37º 53.36335’,N., 75º 56.55896’W.); thence south to a point “Area 2-SW” (37º 48.44291’,N., 75º 56.48836’,W.); thence continuing east to the north end of Watts Island (37º 48.77578’,N. 75º 53.59941’,W.). Area 1 shall also include all of the public and unassigned grounds in the PTSMA in Pocomoke Sound south and west of a line beginning at the house on Great Fox Island (37º 53.69465’, N., 75º 53.88988’, W.); thence east southeast to Red Channel Marker # 8 (37º 52.45833’,N., 75º 49.40000’,W.); thence south southeast to Green Channel Marker “C – 1” (37º 52. 10000’,N., 75º 47.80833’,W.) thence southeast to Flashing Red “2+1” (37º 50.95333’,N., 75º 46.64167’, W.); thence south to the northernmost tip of Russell Island (37º 48.38796’, N., 75º 47.02241’, W.).
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Tangier-Pocomoke Sounds Rotation Area 1
“Tangier-Pocomoke Sounds Rotation Area 2” shall include all public and unassigned grounds in the PTSMA with a boundary defined as beginning at the house on Great Fox Island (37º 53.69465’, N. 75º 53.88988’,W.); thence south to the north end of Watts Island (37º 48.77578’, N., 75º 53.59941’,W.); thence west to a point “Area 2-SW” (37º 48.44291’, N., 75º 56.48836’,W.); thence north to point “Area 2-NW” (37 º53.36335’, N., 75º 56.55896’,W.); thence back east to the house on Great Fox Island. This area includes Public Ground # 7, known as “Thoroughfare Rock” and Public Ground # 8, known as “California Rock” in Tangier Sound. Area 2 shall also include all public and unassigned grounds in the PTSMA in Pocomoke Sound northeast of a line beginning at the house on Great Fox Island (37º 53.69465’,N., 75º 53.88988’,W.); thence east southeast to Red Channel Marker # 8 (37º 52.45833’,N., 75º 49.40000’,W.); thence south southeast to Green Channel Marker “C – 1”(37º 52.10000’, N., 75º 47.80833’W.); thence southeast to Flashing Red “2+1” (37º 50.95333’,N., 75º 46.64167’,W.); thence south to the northernmost tip of Russell Island (37º 48.38796’,N., 75º 47.02241’,W.).
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Tangier-Pocomoke Sounds Rotation Area 2
"Tangier Sound Hand Tong Area" means that area in the PTSMA south and west of a line from Fishbone Island thence southeast to bell buoy #5, thence south southwest to buoy #3 (such area to include all of Public Ground 3 and Flat Rock) and shall be a hand tong area only and Cod Harbor (approximately 1,124 acres) beginning at a point of East Point Marsh, said point having the Virginia state coordinates, south section, coordinates of north 555,414.89, east 2,730,388.85; thence south 79°59', east 2,260 feet to a line designating the western extent of the PTSMA as described in §28.2-524 of the Code of Virginia; thence south 10°16', west 2,800 feet; thence south 28°46', west 8,500 feet to a point on Sand Spit, position north 545,131.78, east, 2,728,014.94; thence along the mean low water line of Cod Harbor in a west, north and northeast direction crossing Canton Creek and Mailboat Harbor from headland to headland to the point of beginning.
"Thomas Rock Hand Scrape Area" means an area in the James River with an eastern boundary being the James River, Route 17 bridge and a western boundary being a line drawn from the south side of the river at Rainbow Farm Point; thence to the channel buoy green #5; and thence to Blunt Point on the north side of the river.
"Unassigned ground" means all grounds other than public oyster ground as defined by this chapter and which have not been set aside or assigned by lease, permit, or easement by the Marine Resources Commission.
"Upper Chesapeake Bay (Blackberry Hangs Hand Scrape Area)" means the area in Public Ground Number 118, south from the Smith Point Light to the Great Wicomico Light.
"Yeocomico River Area" means that area of the Yeocomico River inside Public Grounds 102, 104, 107, 112 and 113.
"York River Hand Scrape Area" means an area above the Route 17 or Coleman Bridge in Public Ground No. 30, along the north side of the river, to just above Aberdeen Creek.
4VAC20-720-30. Standing stock criteria.
Any public oyster ground or unassigned ground may be closed to harvest by the Commissioner of Marine Resources when it is determined by the Oyster Replenishment Officer that the standing stock of oysters has been depleted by 50% or more. The initial estimate of standing stock for each area shall be the volume of oysters as of October 1 of each year as determined by the Oyster Replenishment Officer.
4VAC20-720-35. Public oyster ground harvest season.
The Commissioner of the Marine Resources shall, when it is determined to be warranted and appropriate, be authorized to extend the public oyster harvest season in the James River if the quota has not been caught, but the extension shall not be established to go beyond June 30.
4VAC20-720-40. Open season and areas.
The lawful seasons and areas for the harvest of oysters from the public oyster grounds and unassigned grounds are as follows:
1. James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area: October 1, 2007, through April 30, 2008.
2. Seaside of Eastern Shore: for clean cull oysters only, October 1, 2007, through January 31, 2008.
3. The following areas shall be opened from October 1, 2007, through December 31, 2007: the Rappahannock River Areas 8 and 9; the Nomini River Hand Scrape Area; the Upper Chesapeake Bay (Blackberry Hangs Hand Scrape Area); the York River Hand Scrape Area; and Deep Rock Patent Tong Area (Lower Chesapeake Bay).
4. The Rappahannock River Rotation Areas 1 and 6: October 1, 2007, through November 30, 2007.
5. Tangier - Pocomoke Sounds Rotation Area 1: December 1, 2007, through February 29, 2008.
6. The James River Hand Scrape Area and the Thomas Rock Hand Scrape Area (James River): October 1, 2007 through December 31, 2007 and February 1, 2008 through March 31, 2008.
4VAC20-720-50. Closed harvest season and areas.
It shall be unlawful for any person to harvest oysters from the following areas during the specified periods:
1. All public oyster grounds and unassigned grounds in the Chesapeake Bay and its tributaries, including the tributaries of the Potomac River, except those areas listed in 4VAC20-720-40, are closed: October 1, 2007, through September 30, 2008.
2. James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area: May 1, 2008, through September 30, 2008.
3. All public oyster grounds and unassigned grounds on the Seaside of Eastern Shore: for clean cull oysters, February 1, 2008, through September 30, 2008, and for seed oysters, all year.
4. The following areas shall be closed from January 1, 2008, through September 30, 2008: Rappahannock River Areas 8 and 9; the Nomini River Hand Scrape Area; Deep Rock Patent Tong Area (Lower Chesapeake Bay); the Upper Chesapeake Bay (Blackberry Hangs Hand Scrape Area); and the York River Hand Scrape Area.
5. The Rappahannock River Rotation Areas 1 and 6: December 1, 2007, through September 30, 2008.
6. Tangier - Pocomoke Sounds Rotation Area 1: October 1, 2007, through November 30, 2007, and March 1, 2008, through September 30, 2008.
7. The James River Hand Scrape Area and the Thomas Rock Hand Scrape Area (James River): January 1, 2008 through January 31, 2008 and April 1, 2008 through September 30, 2008.
4VAC20-720-60. Day and time limit.
A. It shall be unlawful to take, catch or possess oysters on Saturday and Sunday from the public oyster grounds or unassigned grounds in the waters of the Commonwealth of Virginia, except that this provision shall not apply to any person harvesting no more than one bushel per day by hand or ordinary tong for household use only during the season when the public oyster grounds or unassigned grounds are legally open for harvest. The presence of any gear normally associated with the harvesting of oysters on board the boat or other vehicle used during any harvesting under this exception shall be prima facie evidence of violation of this chapter.
B. It shall be unlawful for any person to harvest or attempt to harvest oysters prior to sunrise or after 2 p.m. from the areas described in subdivisions 1, 3, 5, and 6 of 4VAC20 720-40, except as described in 4VAC20-720-106.
C. It shall be unlawful for any person to harvest or attempt to harvest oysters in the Rappahannock River Rotation Areas 1 and 6, prior to 7 a.m. and after 1 p.m.
D. It shall be unlawful for a boat with an oyster dredge aboard to leave the dock until one hour before sunrise or return to the dock after sunset.
E. It shall be unlawful for a boat with a hand scrape aboard to leave the dock until one-half hour before sunrise or return to the dock after sunset.
4VAC20-720-70. Gear restrictions.
A. It shall be unlawful for any person to harvest oysters in the James River Seed Areas, including the Deep Water Shoal State Replenishment Seed Area, and the Rappahannock River Area 9, except by hand or ordinary tong. It shall be unlawful for any person to have a hand scrape on board a boat that is harvesting or attempting to harvest oysters from public grounds by hand tong.
B. It shall be unlawful to harvest oysters from the seaside of the Eastern Shore, except by hand.
C. It shall be unlawful to harvest oysters in the Rappahannock River Rotation Areas 1 or 6, Rappahannock River Area 8; James River Hand Scrape Area, Thomas Rock Hand Scrape Area, Nomini River Hand Scrape Area, Upper Chesapeake Bay (Blackberry Hangs Hand Scrape Area), and York River Hand Scrape Area, except by hand scrape.
D. It shall be unlawful for any person to have more than one hand scrape on board any boat that is harvesting oysters or attempting to harvest oysters from public grounds. It shall be unlawful for any person to have a hand tong on board a boat that is harvesting or attempting to harvest oysters from public grounds by hand scrape.
E. It shall be unlawful to harvest oysters from the Tangier – Pocomoke Rotation Area 1, except by a standard oyster dredge.
F. It shall be unlawful to harvest oysters from the Deep Rock Patent Tong Area, except by a standard oyster patent tong.
4VAC20-720-75. Gear license.
A. It shall be unlawful for any person to harvest shellfish, from the hand scrape areas in the Rappahannock River, James River, Upper Chesapeake Bay, York River, and Nomini River Area, unless that person has first obtained a current hand scrape license.
B. It shall be unlawful for any person to harvest shellfish, with a dredge from the public oyster grounds in the Tangier – Pocomoke Sounds Rotation Area 1, unless that person has first obtained a current dredge license.
C. It shall be unlawful for any person to harvest shellfish, with a patent tong from the public oyster grounds in the Deep Rock Patent Tong Area, unless that person has first obtained a current patent tong license.
4VAC20-720-80. Quotas and harvest limits.
A. In the James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area, there shall be an oyster harvest quota of 80,000 bushels of seed oysters. It shall be unlawful for any person to harvest seed oysters from the James River Seed Area after the 80,000 bushel quota has been reached. In the James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area, there shall be an oyster harvest quota of 15,000 bushels of clean cull oysters. It shall be unlawful for any person to harvest clean cull oysters from the James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area after the 15,000 bushel quota has been reached.
B. The lawful daily limit of clean cull oysters harvested from the areas as described in subdivision 3, 4, and 6 of 4VAC20-720-40 shall be determined by the number of registered commercial fishermen licensees on board the vessel multiplied by eight (8) bushels. It shall be unlawful to possess on board any vessel or to land more than the daily limit of clean cull oysters.
C. In the Tangier - Pocomoke Sounds Rotation Area 1, where harvesting is allowed by dredge, there shall be a harvest limit of eight (8) bushels per registered commercial fisherman licensee on board the vessel. It shall be unlawful for any registered commercial fisherman licensee to possess more than eight (8) bushels per day. No blue crab bycatch is allowed. It shall be unlawful to possess on board any vessel more than 250 hard clams.
D. Harvesters who export the oysters to an out-of-state market or do not sell the oysters to a licensed and Department of Health certified Virginia buyer but sell the oysters directly to the public for human consumption shall report oysters harvested on a daily basis and pay oyster taxes weekly.
4VAC20-720-90. Harvest permit required for the James River Hand Scrape Area and Thomas Rock Hand Scrape Area.
A permit is required for the James River Hand Scrape Area and the Thomas Rock Hand Scrape Area. It shall be unlawful for any person to harvest, or attempt to harvest, oysters from the James River Hand Scrape Area and the Thomas Rock Hand Scrape Area without first obtaining a harvest permit from the Marine Resources Commission as required by §28.2-518 of the Code of Virginia.
4VAC20-720-95. Harvesting Permit Required for the Rappahannock River Rotation Areas 1 through 6.
A harvesting permit is required for the Rappahannock River Rotation Areas 1 through 6. Included with this permit will be a map of the two Rotation Areas that are open for harvesting, in any given year, and a culling stick specific to management provisions for these areas. It shall be unlawful for any person to harvest, or attempt to harvest oysters from the Rappahannock River Rotation Areas 1 through 6 without first obtaining and having on board a harvest permit, map of lower Rappahannock Rotation Areas 1 through 6, and culling stick specific to these areas.
4VAC20-720-100. Seed oyster planting procedures.
A. The marine police officer at the point of seed harvest may require that an officer be present during the seed planting. When this is required, it will be specified on the seed transfer permit. If an officer is required to be present at planting, the planter shall notify the law-enforcement officer in the area prior to planting. It shall be unlawful for the permittee or planter to plant the oysters without a marine police officer being present.
B. The planting of seed oysters shall consist of spreading the oysters loosely on the bottom of the planting area. It shall be unlawful to plant seed oysters in any manner except by spreading the oysters loosely on the bottom.
C. Seed oysters shall be placed on a designated and marked area of the private ground from which said oysters are not to be removed until after March 31. It shall be unlawful to reharvest these seed oysters prior to April 1.
4VAC 20-720-105. Repealed.
4VAC 20-720-106. Public health and warm water harvest restrictions.
A. It shall be unlawful for any person to have any cat, dog, or other animal on board a vessel during the harvest of oysters.
B. From May 1 through September 30, any vessel used for the harvest of oysters for human consumption from either public or private grounds shall have shading over the area that serves as storage for the oysters (except as described in subsection C of this section), and all oysters in the vessel shall be offloaded every day.
C. From May 1 through September 30, any vessel used for the harvest of oysters for human consumption that are placed in an aquaculture container completely covered by a lid or top, shall not be required to have shading over that container.
D. From May 1 through September 30, it shall be unlawful for any person, or person aboard a vessel, to leave the dock or shore prior to one hour before sunrise to harvest or attempt to harvest oysters from public or private grounds.
E. From May 1 through September 30, it shall be unlawful to harvest oysters for human consumption from public or private grounds after 10 a.m., and oysters harvested before 10 a.m. shall be refrigerated by 10 a.m. that same day, except as described below:
1. This shall not apply to the harvest of seed oysters or the customary husbandry processes associated with aquaculture of oysters.
2. Oysters may be harvested after 10 a.m. provided there is a Virginia Department of Health, Division of Shellfish Sanitation-approved refrigeration system or ice storage area for the oysters on board the harvest vessel that is in use for cooling oysters at all times after 10 a.m.
3. The total time expended on harvesting those oysters does not exceed two hours, from start of harvest to refrigeration of those oysters, and there is verifiable documentation, such as a log book or GPS trip log that corresponds to that harvesting event.
4VAC20-720-110. Penalty.
A. As set forth in §28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violation is a Class 1 misdemeanor.
B. In addition to the penalty prescribed by law, any person violating any provisions of this chapter shall return all oysters in possession to the water, shall cease harvesting on that day, all harvesting apparatus shall be subject to seizure and pursuant to §28.2-232 of the Code of Virginia shall be subject to the immediate forfeiture of all oyster licenses and permits, until appearing before the Marine Resources Commission.
C. In addition to the penalty prescribed by §28.2-802 of the Code of Virginia, any person violating any provisions of 4VAC20-720-106 shall destroy all oysters harvested by that person, in violation of 4VAC20-720-106, in the presence of a marine police officer, and shall be subject to the immediate forfeiture of all oyster licenses and permits until appearing before the Marine Resources Commission.
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