A. It shall
be unlawful to take, catch, or possess oysters on Saturday and Sunday from the
public oyster grounds or unassigned grounds in the waters of the Commonwealth
of Virginia for commercial purposes, except that this provision shall not apply
to any person harvesting no more than one bushel per day by hand or ordinary
tong for household use only during the season when the public oyster grounds or
unassigned grounds are legally open for harvest.
B. It shall be unlawful to do any of the
following from the harvest areas described in Table 1 or Table 2 of
4VAC20-720-40:
1. Harvest or attempt to harvest oysters
prior to sunrise or after sunset.
2. For any vessel to leave the dock until one hour before sunrise
or return to the dock after sunset if the vessel has an oyster dredge or hand
scrape aboard.
3. From October 1,
2023, through October 31, 2023, for any person to harvest or attempt to harvest
clean cull oysters after 11 a.m.
4.
Beginning November 1, 2023, for any person to harvest or attempt to harvest
clean cull oysters after noon with patent tongs, hand scrapes, or oyster
dredges.
5. Beginning November 1,
2023, for any person to harvest or attempt to harvest oysters after 2 p.m. with
hand tongs.
In addition, it shall be unlawful for any vessel to leave the
dock until one hour before sunrise or return to the dock after sunset if the
vessel has an oyster dredge or hand scrape aboard.
Notes
4 Va. Admin. Code §
20-720-60
Derived from
VR450-01-0095 § 6, eff. October 1, 1993; amended, Virginia Register Volume
10, Issue 14, eff. February 23, 1994; Volume 11, Issue 3, eff. October 5, 1994;
Volume 11, Issue 7, eff. December 1, 1994; Volume 11, Issue 16, eff. April 4,
1995; Volume 12, Issue 3, eff. October 1, 1995; Volume 12, Issue 5, eff.
October 27, 1995; Volume 13, Issue 3, eff. October 1, 1996; Volume 14, Issue 3,
eff. October 1, 1997; Volume 15, Issue 3, eff. October 1, 1998; Volume 16,
Issue 3, eff. October 1, 1999; Volume 16, Issue 12, eff. February 4, 2000;
Volume 17, Issue 3, eff. October 1, 2000; Volume 18, Issue 3, eff. October 1,
2001; Volume 19, Issue 3, eff. October 1, 2002; Volume 19, Issue 9, eff.
December 27, 2002; Volume 20, Issue 4, eff. October 8, 2003; Volume 20, Issue
6, eff. November 1, 2003; Volume 20, Issue 10, eff. January 1, 2004; Volume 20,
Issue 14, eff. March 1, 2004; Volume 21, Issue 4, eff. October 1, 2004; Volume
21, Issue 8, eff. December 1, 2004; Volume 22, Issue 4, eff. October 1, 2005;
Volume 23, Issue 4, eff. October 1, 2006; Volume 23, Issue 21, eff. May 23,
2007; Volume 24, Issue 4, eff. October 1, 2007; Errata, 24:12 VA.R. 1701
February 18, 2008; Volume 24, Issue 12, eff. February 1, 2008; Volume 25, Issue
3, eff. October 1, 2008; Volume 26, Issue 4, eff. October 1, 2009; Volume 26,
Issue 19, eff. May 1, 2010; Volume 27, Issue 3, eff. October 1, 2010; Volume
28, Issue 3, eff. October 1, 2011; Volume 29, Issue 3, eff. October 1, 2012;
amended, Virginia Register Volume 30, Issue 4, eff. November 1, 2013; Amended,
Virginia
Register Volume 31, Issue 02, eff. 10/1/2014; Amended,
Virginia
Register Volume 32, Issue 01, eff. 9/1/2015; Amended,
Virginia
Register Volume 32, Issue 04, eff. 10/1/2015; Amended,
Virginia
Register Volume 32, Issue 06, eff. 11/1/2015; Amended,
Virginia
Register Volume 33, Issue 02, eff.
8/31/2016; Amended,
Virginia
Register Volume 34, Issue 02, eff.
10/1/2017; Amended,
Virginia
Register Volume 35, Issue 02, eff.
10/1/2018; Amended,
Virginia
Register Volume 36, Issue 3, eff.
10/1/2019; Amended,
Virginia
Register Volume 37, Issue 02, eff.
10/1/2020; Amended,
Virginia
Register Volume 38, Issue 02, eff.
10/1/2021; Amended,
Virginia
Register Volume 39, Issue 2, eff.
10/1/2022; Errata,
39:4 VA.R. 380 October 10, 2022; Amended,
Virginia
Register Volume 40, Issue 3, eff.
10/1/2023; Errata,
40:7 VA.R. 449 November 20, 2023.
Statutory Authority: §
28.2-201 of the Code of
Virginia.
