VIRGINIA MARINE RESOURCES COMMISSION
"PERTAINING TO MARKING OF LEASED OYSTER PLANTING GROUND"
REGULATION 4 VAC 20-290-10 ET SEQ.
PREAMBLE
This chapter establishes the required manner and method for marking leased
oyster planting ground. §28.2-607 of the Code of Virginia requires that a lessee
of oyster planting ground mark such ground in accordance with chapters
established by the Marine Resources Commission. While all leased oyster planting
grounds are not required to be marked at all times, it is the intent of this
chapter to ensure that when the ground is actively used for shellfish
propagation and/or harvest, the lease corners and the boundary lines, or active
work areas, are properly and accurately delineated and safe navigation is
maintained.
This chapter is promulgated pursuant to authority contained
in §§28.2-201 and 28.2-607 of the Code of Virginia. This chapter amends and
re-adopts Chapter 4 VAC 20-290-10 et seq., which was adopted on July 25, 1995
and was effective August 3, 1995. The effective date of this chapter is January
1, 2016.
4 VAC 20-290-10. PURPOSE.
The purpose
of this chapter is to describe the proper manner and method of marking leased
oyster planting ground during such times when the ground is required to be
marked or for such other instances when a lessee may desire to mark the ground.
4 VAC 20-290-15. DEFINTIONS.
The following words and
terms when used in this chapter shall have the following meanings unless the
context clearly indicates otherwise:
“Active Work Areas” means those
areas inside a lease where active planting or active harvesting is being
conducted, or in areas where aquaculture structures are placed within a lease.
“Aquaculture structures” means devices, such as cages, trays, and nets, used
to contain or protect shellfish.
“Lease boundary lines” means the
projected lines between lease corners.
“Lease corners” means boundary
lease corners as depicted on the plat of record for the lease.
4
VAC 20-290-20. GENERAL.
Leased oyster planting ground can be
marked at any time and shall be marked if the oyster planting ground is being
actively planted or harvested or when aquaculture structures are present on the
lease. No active planting upon or harvesting from the lease shall be authorized
unless the lease has first been properly marked and the lease corners identified
in accordance with the marking provisions of this chapter. If aquaculture
structures are deployed on leased oyster planting ground, the lessee must
properly mark and identify the lease boundary or the active work areas where
aquaculture structures are placed in accordance with the marking provisions of
this chapter.
4 VAC 20-290-30. METHOD AND MANNER OF MARKING.
A. Marking Requirements. When leased oyster planting ground is marked, the
corners and boundary lines or the active works areas within the lease shall be
marked with markers or buoys and shall be marked in a manner that does not
create any unnecessary restriction to navigation.
1. Corner markers. Corners that are marked shall have a
maximum of three markers per corner.
2. Boundary line markers. Individual
line markers shall be set at intervals no more than 600 feet apart and may be
placed at intervals no less than 150 feet apart.
3. Active work area
markers. Areas where aquaculture structures are being used shall be marked in
conformance with subsection B of this section and as required in 4VAC20-335.
4. Marking of the corners, boundary lines, or active work areas within the
lease shall constitute valid marking for enforcement purposes.
B. Description of Markers.
1. When stakes are used for lease corner markers, lease
boundary line markers, or active work area markers within a lease they shall
have a diameter of no greater than two inches if solid and an inside diameter no
greater than two inches if hollow, at and above the mean low water line, and
shall extend at least four feet above the mean high water line, but no more than
six feet above mean high water. The marker shall be made of such materials not
so rigid as to harm a boat if accidently struck, such as PVC pipe, bamboo, white
oak, cedar, or gum saplings. Metal pipe markers are prohibited.
2. When
can buoys are used they shall be constructed of suitable material, shall be no
larger than six inches in diameter, and shall be anchored to the bottom with
sufficient weight to prevent their moving during adverse weather conditions. Can
buoys shall be constructed and anchored so as to extend at least four feet
above, but not more than six feet above the water line at all times. When ball
buoys are used they shall be constructed of suitable material, shall be no
smaller than 45 inches in circumference, and shall be anchored to the bottom
with sufficient weight to prevent their moving in adverse weather conditions.
3. Leased oyster grounds on which active shellfish propagation is occurring
shall have a minimum of two placards constructed of durable material along at
least two sides of the lease or active work area, and each placard shall be at
least four feet above the mean high water line, depicting the initials of the
leaseholder and shall conform to the dimensions established by the commissioner.
No person shall dredge or scrape his oyster planting ground unless he is in
conformance with § 28.2-517 of the Code of Virginia to include the marking
requirements contained in that section. Oyster ground lease corner markers,
boundary line markers, and active work area markers may be marked with two-inch
white reflective tape, white reflective paint, or white fluorescent paint. If
the lease is bisected or borders along a Virginia Department of Health, Division
of Shellfish Sanitation shellfish area condemnation line, such line markers
shall be marked with two-inch yellow reflective tape, yellow reflective paint,
or yellow fluorescent paint.
4 VAC 20-290-40. MAINTENANCE.
When oyster planting
ground is marked, suitable stakes or markers shall be kept by the lessee in
their proper places at all times so as to conform accurately to the original
boundary survey, any condemnation line within the lease, or to accurately mark
the active work areas within the lease. Should such stakes or markers be
removed, knocked down, or be carried away, the lessee shall promptly have them
replaced in their proper location and in conformance with the method and manner
of marking contained within this regulation.
4 VAC 20-290-45.
REMOVAL OF MARKERS.
It shall be unlawful for any person to
intentionally or knowingly injure, remove, or displace any boundary oyster
stake, range monument, signal beacon, post, or buoy, or any part thereof,
erected to designate, locate, survey, or map shellfish grounds other than the
leaseholder, his agent, his employee, or commission staff.
4 VAC
20-290-50. EXCEPTION.
The chief engineer may approve an
alternative plan for the proper marking of any oyster planting ground boundary
or active work area upon request by the lessee when he finds exceptional
circumstances exist. In such a case the chief engineer shall direct the
leaseholder where to place the appropriate markers.
4 VAC
20-290-60. PENALTY.
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.
* * * * * * * * * *
This is to certify that the foregoing is a true and accurate copy of the
chapter passed by the Marine Resources Commission, pursuant to authority vested
in the Commission by §§28.2-201 and 28.2-607 of the Code of Virginia, duly
advertised according to statute, and recorded in the Commission's minute book,
at meeting held in Newport News, Virginia on October 27, 2015.