REGULATION: PERTAINING TO THE HAMPTON ROADS SHELLFISH RELAY AREA
VIRGINIA MARINE RESOURCES
COMMISSION
"PERTAINING TO THE HAMPTON ROADS SHELLFISH RELAY AREA"
REGULATION 4 VAC 20-566-10 ET. SEQ.
PREAMBLE
This regulation describes the harvest season and harvest restrictions
associated with the Hampton Roads Shellfish Relay Area. This
regulation is promulgated pursuant to the authority contained in
§§28.2-201 and 28.2-816 of the Code of Virginia. This
regulation amends and re-adopts, as amended, §VAC 20-566-10 ET.
SEQ., which was promulgated on August 23, 2005 and made effective on
September 15, 2005. The effective date of this regulation is
August 1, 2006.
4 VAC 20-566-10. PURPOSE.
The provisions of this regulation are in response to increased pressure
on the hard clam resource by patent tongs in clean clam areas during
the month of August.
4 VAC 20-566-20. HAMPTON ROADS SHELLFISH RELAY AREA:
The Hampton Roads Shellfish Relay Area shall consist
of all condemned clamming grounds bounded by a line beginning at the
upstream side of the large fishing pier on the southeast side of Old
Point Comfort; thence upstream along the shoreline to Newport News
Creek; thence to the southeast corner of the Monitor Merrimac Bridge
Tunnel island along the downstream side, thence to Fl R "12"; thence to
the northeast corner of the Fan Building on the southern island
of the bridge tunnel; thence southerly along the downstream side of the
bridge tunnel to the south line of Public Ground Number 1, Nansemond
County; then easterly along the Public Ground to Craney Island Disposal
Area; thence clockwise around the boundaries of the disposal area to
its intersection with the shore; thence along the shore to the
northeast corner of Craney Island; thence through navigational aid Fl G
"21" to the point where it intersects a line drawn from the shoreward
end of pier number 6 at Lamberts Point to the southeast corner of
Tanner Point; thence along the shore to the point of intersection with
the riprapped shoreline of the Hampton Roads Bridge-Tunnel island at
Fort Wool; thence easterly around this island to its easternmost point;
thence north northwesterly to the intersection of the shoreline and the
upstream side of the large fishing pier on the east side of Old Point
Comfort at the point of beginning.
4 VAC 20-566-30. HARVEST SEASON.
A. The open harvest
season for the Hampton Roads Shellfish Relay Area, as specified by
§28.2- §28.2-816 of the Code of Virginia shall be extended
through September 30. Harvest of hard clams in the Hampton Roads
Shellfish Relay Area shall only occur on Mondays through Fridays during
the open harvest season. Thereafter, the Hampton Roads Shellfish
Relay Area shall be managed by the authority promulgated in
§28.2-816 of the Code of Virginia.
B. It shall be unlawful to harvest hard clams from
the Hampton Roads Shellfish Relay Area, except as provided in
Subsection A of this section.
4 VAC 20-566-40. HARVEST RESTRICTIONS.
A. It shall be
unlawful for any person to possess any hard clam that
can be passed through a 1 3/8-inch inside diameter culling
ring.
B. For the possession limit described in subsection A
of this section, there shall be a 2% tolerance of hard clams, by
number, in each bag or container.
C. It shall be unlawful for any person to possess any
hard clam that cannot be passed through a 2 7/8-inch inside diameter
culling ring.
D. For the possession limit described in subsection C
of this section, there shall be a 10% tolerance of hard clams, by
number, in each bag or container.
E. It shall be unlawful for any person to harvest
clams from the Hampton Roads Shellfish Relay Area before sunrise or
after 5:00 p.m.
4 VAC 20-566-50. PENALTY.
A. As set forth in
§28.2-903 of the Code of Virginia, any person violating any
provision of this regulation shall be guilty of a Class 3 misdemeanor,
and a second, or subsequent violation of any provision of this
regulation committed by the same person within 12 months of a prior
violation is a Class 1 misdemeanor.
B. The Marine Resources Commission may revoke the
relay permit of any person convicted of a violation of this regulation.
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