VIRGINIA MARINE RESOURCES COMMISSION
"AUTHORIZES SHELLFISH AQUACULTURE
STRUCTURES"
REGULATION 4 VAC 20-335-10 ET SEQ.
PREAMBLE
The Commonwealth
of Virginia has a long history of leasing State-owned submerged land for private
shellfish culture and recognizes the potential economic and environmental
benefits associated with increased shellfish production.
In recent years,
some shellfish growers have begun using low-profile structures such as nets,
trays and cages to provide additional protection for the shellfish placed on
their leased ground.
This chapter authorizes shellfish aquaculture
structures that may be placed on and immediately above privately leased
shellfish grounds without an individual permit from the Habitat Management
Division of the Marine Resources Commission.
This chapter is promulgated
pursuant to the authority contained in §28.2-103 and §28.2-201 of the Code of
Virginia. This chapter amends and re-adopts, as amended, Chapter 4 VAC 20-335-10
et seq. which was promulgated November 25, 1997 and made effective January 1,
1998. The effective date of this chapter, as amended, is January 1, 2016.
4 VAC 20-335-10 PURPOSE.
The purpose of this chapter
is to specify the criteria for shellfish aquaculture structures that may be
employed on privately leased shellfish planting ground.
4 VAC
20-335-20 DEFINITIONS.
The following words and terms, when used
in this chapter, shall have the following meaning unless the context clearly
indicates otherwise:
“Aquaculture Structure” means devices, such as
cages, trays, nets, etc., used to contain or protect shellfish.
"Commission" means the Marine Resources Commission.
"Shellfish" means
native molluscan species or molluscan species imported in accordance with
§28.2-825 of the Code of Virginia.
4 VAC 20-335-30 REQUIREMENTS
AND CONDITIONS.
A. The activity must be conducted on planting
ground leased in accordance with Chapter 6 of Title 28.2 of the Code of
Virginia.
B. Leased planting ground must be properly marked in accordance
with §28.2-607 of the Code of Virginia and 4VAC20-290.
C. Aquaculture
structures shall be delineated with markers meeting the description for markers
identified in 4 VAC20-290-30. The leaseholder shall also place a minimum of two
placards, attached to boundary or corner markers, stating "aquaculture
structures." Such placards shall be a minimum of 12 inches by 12 inches,
constructed of a durable material, facing outward from the aquaculture
structures, and shall be at least four feet above the mean high water line. The
chief engineer may approve an alternate plan for marking aquaculture structures.
In such a case the chief engineer shall direct or approve the appropriate
markers.
D. Any structures placed on the bottom must be non-toxic and
shall not be known to leach any materials that would violate any water quality
standards set by the Department of Environmental Quality.
E. Structures
shall not extend higher than 12 inches above the bottom substrate.
F. No
new structures shall be placed on existing stands of submerged aquatic
vegetation.
G. No structures may cause more than a minimal adverse effect
on navigation.
H. Shellfish must be harvested in accordance with all
applicable laws and regulations.
I. The Commission may direct removal of
any structures that fail to meet the requirements and conditions of this
chapter.
4 VAC 20-335-40. 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.