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CHAPTER: PERTAINING TO BLUE CRAB SANCTUARIES

VIRGINIA MARINE RESOURCES COMMISSION
"PERTAINING TO BLUE CRAB SANCTUARIES"
CHAPTER 4 VAC 20-752-10 ET SEQ.

PREAMBLE

This chapter establishes the Virginia Blue Crab Sanctuary and and provisions to control the harvest of crabs from these areas.  This chapter is promulgated pursuant to the authority contained in §§28.2-201, 28.2-203, and 28.2-203.1 of the Code of Virginia.  This chapter amends and re-adopts, as amended, previous Chapter 4VAC20-752-10 et seq. which was promulgated April 26, 2011 and made effective on April 30, 2011.  The effective date of this chapter, as amended, is October 1, 2011. 

4VAC20-752-10. PURPOSE.

The provisions of this chapter are in response to reduced abundance in the blue crab stock and over-exploitation of this resource.  This chapter promotes conservation of the blue crab resource within the below designated areas of the Chesapeake Bay system. 

4VAC20-752-20. DEFINITIONS.

“COLREGS Line” means the COLREGS Demarcation lines, as specified in Coastal Pilot, 35th and 36th editions by Lighthouse Press.

“THREE NAUTICAL MILE LIMIT LINE” means the outer limit of the area extending three miles out to sea from the coast as depicted on NOAA nautical charts.

“Virginia Blue Crab Sanctuary” means two distinct sanctuary areas, Area 1 and Area 2, with Area 1 consisting of all tidal waters that are bounded by a line beginning at a point, near the western shore of Fishermans Island, 37° 05’ 57.57” N, 75° 58’ 45.74” W, being on a line from the Cape Charles Lighthouse to the Thimble Shoal Light; thence southwesterly to Thimble Shoal Light, 37° 00’ 52.24” N, 76° 14’ 23.82” W; thence southwesterly to the offshore end of Ocean View Fishing Pier (formerly Harrison’s Fishing Pier), 36° 57’ 50.25” N, 76° 15’ 26.73” W; thence northerly to Flashing Green Buoy “9” on the York River Entrance Channel, 37° 11’ 29.39” N, 76° 15’ 42.57” W; thence northeasterly to Wolf Trap Light, 37° 23’ 25.11” N, 76° 11’ 22.04” W; thence northwesterly to a point, northeast of Windmill Point, 37° 38’ 23.13” N, 76° 15’ 59.54” W; thence northerly to a point, east of Great Wicomico Light at 37Ί 48' 15.72" N, 76Ί 14' 33.15" W; thence northeasterly to a point, 37Ί 49' 18.10" N, 76Ί 13' 06.00" W; thence northeasterly to Smith Point Lighthouse, 37° 52’ 47.55 N, 76° 11’ 01.50” W; thence northwesterly to a point on the Virginia – Maryland State line, 37Ί 54' 04.99" N, 76Ί 11' 44.96" W; thence northeasterly following the Virginia – Maryland State Line to a point on that line, 37° 55’ 43.79” N, 76° 07’ 12.87” W; thence southeasterly to a point, southwest of Tangier Island, 37° 44’ 59.85” N, 76° 01’ 34.31” W; thence southeasterly to a point, southeast of Tangier Island, 37° 43’ 41.05” N, 75° 57’ 51.84” W; thence northeasterly to a point, south of Watts Island, 37° 45’ 36.95” N, 75° 52’ 53.87” W; thence southeasterly to a point, 37°  44’ 56.15” N, 75°  51’ 33.18” W; thence southwesterly to a point, west of Parkers Marsh, 37°  42’ 41.49” N, 75°  55’ 06.31” W; thence southwesterly to a point, west of Cape Charles Harbor, 37° 15’ 37.23” N, 76°  04’ 13.79” W; thence southeasterly to a point near the western shore of Fishermans Island, on the line from Cape Charles Lighthouse to Thimble Shoal Light, said point being the point of beginning; and a continuation of Area 1, consisting of all tidal waters that are bounded by a line beginning at Cape Charles Lighthouse, 37° 07’ 22.46” N, 75° 54’ 23.39” W; thence southwesterly along the COLREGS Line to Cape Henry Lighthouse, 36° 55’ 34.86” N, 76° 00’ 25.93” W; thence easterly to a point on the THREE NAUTICAL MILE LIMIT LINE, 36°  55’ 32.62” N, 75°  55’ 54.09” W; thence northeasterly along the THREE NAUTICAL MILE LIMIT LINE to a point, 37° 03’ 11.49” N, 75° 53’ 27.02” W; thence northeasterly to a point, east of Cape Charles Lighthouse, 37°  06’ 45” N, 75°  52’ 05” W; thence westerly to the Cape Charles Lighthouse, said point being the point of beginning; and a second area, Area 2, consisting of all tidal waters beginning at a point along the THREE NAUTICAL MILE LIMIT LINE, 36° 55’ 32.62” N, 75° 55’ 54.09” W; thence southerly following the THREE NAUTICAL MILE LIMIT LINE to an intersection point on the Virginia – North Carolina state boundary, 36° 33’ 02.59” N, 75° 48’ 16.21” W; thence westerly to a point, along the Virginia – North Carolina state boundary to its intersection with the mean low water line, 36° 33’ 01.34” N, 75° 52’ 03.06” W; thence northerly, following the mean low water line to the Rudee Inlet weir; thence easterly along the weir to the stone breakwater; thence following the stone breakwater to its northernmost point; thence northerly to the mean low water line at the most northeastern point of the northern stone jetty; thence westerly along the mean low water line of said stone jetty to the mean low water line along the shore; thence northerly following the mean low water line to a point, 36° 55’ 34.75” N, 76° 00’ 12.48” W, said point being the intersection of the mean low water line with the line from Cape Henry Lighthouse easterly to a point on the THREE NAUTICAL MILE LIMIT LINE, 36° 55’ 32.62” N, 75° 55’ 54.09” W, said point being the point of beginning of Area 2.

4VAC20-752-30. HARVEST RESTRICTIONS.

A.  It shall be unlawful for any person to conduct commercial or recreational crabbing within Area 1 of the Virginia Blue Crab Sanctuary, from May 16 through September 15. 

B.  It shall be unlawful for any person to take, harvest or possess crabs, for commercial purposes, from Area 2, from May 16 through September 15. 

4VAC20-752-40. PENALTY.

As set forth in §28.2-903 of the Code of Virginia, any person violating any section 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.

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