4 Va. Admin. Code § 20-1290-40 - Permit to relay shellfish from restricted shellfish areas
A. It shall be
unlawful to relay shellfish from a general oyster planting ground within a
restricted shellfish area without first obtaining a daily restricted shellfish
area relay permit from the Marine Resources Commission.
B. The daily restricted shellfish area relay
permit shall be valid for only one calendar day of shellfish relay activities.
Shellfish area relay activities authorized by issuance of a daily restricted
shellfish area relay permit shall not begin before 6 a.m. and shall not extend
beyond 6 p.m.
C. A daily restricted
shellfish area relay permit shall only be issued to a lawfully licensed oyster
aquaculture product owner permittee or a clam aquaculture product owner
permittee.
D. Any person whose
commercial fisherman registration license, oyster aquaculture product owner
permit, or clam aquaculture product owner permit is currently revoked or
rescinded by the Marine Resources Commission pursuant to § 28.2-232 or
28.2-528 of the Code of Virginia shall not be authorized to possess a daily
restricted shellfish area relay permit. Any person who fails to pay at any time
all fees, all costs, and the current annual rent for the general oyster
planting ground identified for harvest or relay of shellfish shall be subject
to either nonissuance or termination of that daily restricted shellfish area
relay permit.
E. The daily
restricted shellfish area relay permit shall include (i) the name, address, and
telephone number of the permittee; (ii) the location of the Virginia Department
of Health, Division of Shellfish Sanitation, restricted shellfish area; (iii)
the general oyster planting ground lease numbers the shellfish will be
harvested from; (iv) the location of the Virginia Department of Health,
Division of Shellfish Sanitation approved relay area; (v) the general oyster
planting ground lease numbers the shellfish will be planted on; (vi) the vessel
identification for each vessel used to relay shellfish (Coast Guard
documentation number, Virginia license number, or hull/VIN number); (vii) the
vehicle identification number for each vehicle used to relay shellfish
(Virginia license number or VIN number); (viii) the identification and address
of any offloading location or facility; and (ix) if cages will be used and
conform to the provisions established by 4VAC20-310, "Pertaining to the
Relaying of Shellfish."
F. Any
harvesting of shellfish from a restricted shellfish area, including any loading
of vessels or vehicles, and planting of shellfish from a restricted shellfish
area shall be conducted under Marine Resources Commission staff supervision.
All scheduling of harvesting and planting of shellfish from a restricted
shellfish area shall be determined by the marine police area supervisors based
on the availability of Marine Resources Commission staff and weather
conditions. Permittees shall notify the marine police supervisors of the
restricted shellfish harvest area and corresponding planting area no later than
one week before any restricted shellfish area relay activities can
occur.
G. Upon approval of any
daily restricted shellfish area relay permit and before issuance of said
permit, the permittee shall pay the Marine Resources Commission a fee of
$150.00 for each day of planned shellfish relay activities.
Notes
Statutory Authority: § 28.2-201 of the Code of Virginia.
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