REGULATION: REPORTING REQUIREMENTS FOR OYSTERS

VIRGINIA MARINE RESOURCES COMMISSION
"PERTAINING TO REPORTING REQUIREMENTS FOR OYSTERS"
REGULATION 4 VAC 20-200-10 ET SEQ.

PREAMBLE

This Chapter sets forth the reporting requirements for persons engaged in the harvesting, buying, planting, aquaculture, packing, shipping, or importing of oysters.

This Chapter is promulgated pursuant to the authority contained in §28.2-201 of the Code of Virginia. This Chapter amends and re-adopts previous Regulation 450-01-0026, which was adopted July 25, 1995 and was effective August 1, 1995. The effective date of this Chapter is February 1, 2007.

4VAC 20-200-10 PURPOSE:

The purpose of this Chapter is to set forth the reporting requirements and procedures that comply with §28.2-538 of the Code of Virginia, and which also permits the collection of taxes on oysters as set forth in §§28.2-539, 28.2-540, and 28.2-541 of the Code of Virginia. The information reported is a valuable management tool; providing statistical information for purposes of protecting and preserving the public oyster resource.

4VAC 20-200-20 DEFINITIONS:

The following words and terms, when used in this Chapter shall have the following meaning unless the context clearly indicates otherwise:

"Public ground" means all ground defined in the Code of Virginia, all ground set aside as public oyster ground by court order, and all ground set aside as public oyster ground by order of the Marine Resources Commission.

"Unassigned ground" means all ground other than public oyster ground as defined by this regulation and which has not been set aside or assigned by lease, permit, or easement by the Marine Resources Commission.

"Private ground" means all ground leased by the Marine Resources Commission pursuant to Chapter 6 of Title 28.2 of the Code of Virginia.

4VAC 20-200-30 REPORTS REQUIRED:

A.   Any person or company purchasing or otherwise receiving oysters from a harvester, whether taken from public, unassigned, or private ground, shall complete a MRC Form 453 for each such transaction. All applicable information requested on the form shall be completed.

B.   Any person who shall be a harvester of oysters, whether taken from public, unassigned, private ground, or aquaculture operations, who shall shuck, pack, ship, or otherwise direct market said oysters shall complete a MRC Form 453 for each day's harvest. All applicable information requested on the form shall be completed.

C.   Any person or company importing unshucked oysters from outside Virginia shall complete a MRC Form 455 for each such load imported. All applicable information requested on the form shall be completed.

D.   Any person, company, or harvester receiving a supply of MRC Form 457 (tax report) shall be held accountable for such forms. Two copies (yellow and white) of the MRC Form 457 shall be submitted to the Marine Resources Commission (MRC) main office (attn: Conservation and Replenishment Department (CRD) accompanying any oyster taxes (Replenishment and/or Inspection) and all appropriate copies of the MRC Forms 453 (public and/or private ground oysters) and/or 455 (imported, unshucked oysters); and, the pink copy of the MRC Form 457 is to be retained by the person, company, or harvester.

E.   Any person, company, or harvester receiving a supply of MRC Form 453 or MRC Form 455 shall be held accountable for such forms. One copy shall be given to the seller, a copy retained by the buyer, and a copy sent to the MRC main office accompanying any oyster taxes (Replenishment and/or Inspection) and oyster tax report (MRC Form 457) due to the Commission.

4VAC 20-200-40 REPORTING SCHEDULE:

A.   All reports and applicable transaction MRC Forms and oyster taxes (Replenishment and Inspection) shall be submitted to the Virginia Marine Resources Commission main office (attn: Conservation and Replenishment Dept.) at 2600 Washington Avenue, 3rd floor, Newport News, VA 23607, by the 5th of each month.

B.   If there should be a report period where no oysters were purchased or harvested by the person or company, then it shall be their responsibility to submit in writing a signed statement advising the Virginia Marine Resources Commission that such has occurred.

C.   All applicable information shall be completed on all of the MRC Forms. All persons, companies, or harvesters dealing in the buying and selling of oysters are reminded of the provisions set forth in Article 3 of Chapter 5 of Title 28.2 of the Code of Virginia, concerning such transactions.

4VAC 20-200-50 PENALTY:

As set forth in §28.2-538 of the Code of Virginia, any person failing to keep the records and submit reports with appropriate documentation and oyster taxes as required by this Chapter shall be guilty of a Class I misdemeanor.

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