4 Va. Admin. Code § 20-610-25 - Oyster aquaculture permit requirements
A. For the purposes of collecting oyster
fisheries statistics from the Virginia aquaculture industry, as authorized by
§ 28.2-204 of the Code of Virginia and in accordance with § 28.2-613
of the Code of Virginia, which describes conditions that determine the duration
of a lease, any oyster aquaculture product owner shall obtain an oyster
aquaculture product owner's permit and shall report harvest of any oysters from
leased, subleased, or fee simple ground or any aquaculture growing area within
or adjacent to Virginia tidal waters in accordance with
4VAC20-610-60.
B. It shall be unlawful for any person,
except an oyster aquaculture product owner permittee, oyster aquaculture
harvester permittee, or a harvester designated for harvest by an oyster
aquaculture product owner vessel permit, to harvest oysters from leased,
subleased, or fee simple ground or any aquaculture growing area, within or
adjacent to Virginia tidal waters, unless that person is authorized to harvest
oysters from areas described in this subsection by an oyster aquaculture
product owner.
C. It shall be
unlawful for any person permitted as an oyster aquaculture harvester to fail to
possess that permit on his person while harvesting unless that person is on a
permitted oyster aquaculture product owner vessel and is harvesting oysters of
that oyster aquaculture product owner.
D. Minor persons younger than 18 years of age
shall be exempt from the requirements to obtain an oyster aquaculture
harvester's permit provided that minor person is harvesting oysters under the
supervision of a legally permitted oyster aquaculture product owner.
Notes
Statutory Authority
§ 28.2-201 of the Code of Virginia.
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