4 Va. Admin. Code § 20-610-26 - Clam aquaculture permit requirements
A. For the purposes of collecting clam
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 clam aquaculture product owner shall obtain a clam aquaculture
product owner's permit and shall report harvest of any clams 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 a clam aquaculture product owner permittee, clam aquaculture harvester
permittee, or a harvester designated for harvest by a clam aquaculture product
owner vessel permit, to harvest clams 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 clams from areas described
in this subsection by a clam aquaculture product owner.
C. It shall be unlawful for any person
permitted as an clam aquaculture harvester to fail to possess that permit on
his person while harvesting unless that person is on a permitted clam
aquaculture product owner vessel and is harvesting clams of that clam
aquaculture product owner.
D. Minor
persons younger than 18 years of age shall be exempt from the requirements to
obtain a clam aquaculture harvester's permit provided that minor person is
harvesting clams under the supervision of a legally permitted clam aquaculture
product owner.
Notes
Statutory Authority
§ 28.2-201 of the Code of Virginia.
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