Virginia Administrative Code

The purpose of this chapter is to conserve Virginia's shellfish resources and to protect public health. Statutory Authority§ 28.2-801 of the Code of Virginia.

As required under § 28.2-810 of the Code of Virginia, the Commissioner of Marine Resources shall issue special permits to applicants to take and catch shellfish from condemned areas. It shall be unlawful for harvesting to occur, except under the following conditions: 1. Each boat…

A. As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision 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 viola…

"Commission" means Marine Resources Commission. "VDOT" means the Virginia Department of Transportation. Statutory Authority§§ 28.2-103 and 28.2-1203 of the Code of Virginia.

A. The U.S. Army Corps of Engineers has granted nationwide permits for minor projects requiring notification in waters of the United States. B. The U.S. Army Corps of Engineers has granted nationwide permits for minor projects not requiring notification in waters of the United St…

All proposals by VDOT to encroach in, on or over state-owned subaqueous land which qualify under 4VAC20-333-20 A, B, C and E are permitted subject to the following standard conditions: 1. Any proposed deviation from the preapproved plan must be formally recoordinated and approved…

A. The Chief, Habitat Management Division, will administer this general permit and establish procedures to ensure: 1. That all projects authorized by this permit either (i) do not require U.S. Army Corps of Engineers permits (4VAC20-333-20 E), (ii) satisfy the Nationwide Permit e…

The purpose of this chapter is to specify the criteria for shellfish aquaculture structures that may be employed on privately leased shellfish planting ground. Statutory Authority§§ 28.2-103 and 28.2-201 of the Code of Virginia.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Aquaculture structure" means devices, such as cages, trays, and nets, used to contain or protect shellfish. "Commission" means the Marine Res…

A. The activity must be conducted on planting ground leased in accordance with Chapter 6 (§ 28.2-600 et seq.) of Title 28.2 of the Code of Virginia. B. Leased planting ground must be properly marked in accordance with § 28.2-607 of the Code of Virginia and 4VAC20-290. C. Aquacult…

As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision 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 violatio…

For the purposes of this general permit, riparian shellfish gardening is defined as the grow-out of native shellfish species in protective structures such as floats, bags, cages, etc., adjacent to a private, noncommercial pier or otherwise within a waterfront property owner's rip…

A. A principal objective of the permit streamlining efforts of this agency is the achievement of a single permit wherever possible for minor projects with minimal cumulative impacts. B. The Norfolk District of the U.S. Army Corps of Engineers has approved a Regional Permit (97-RP…

The Chief, Habitat Management Division, will administer the general permit and ensure that: 1. The approved Local-State-Federal Permit Application form, or General Permit No. 3 Application Form, is completed and filed in accordance with the instructions contained therein. 2. Aqua…

All proposals for noncommercial shellfish aquaculture structures to encroach in, on or over state-owned subaqueous land which meet the criteria in subdivisions 1 through 3 of 4VAC20-336-30 are hereby approved subject to the following conditions: 1. This permit grants no authority…

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Commission" means the Virginia Marine Resources Commission. "Donor bed" means a naturally occurring area of SAV growing on state-owned subaqu…

A. Submerged aquatic vegetation (SAV) is an important natural resource that provides a variety of ecological functions, including stabilizing sediments, physically baffling wave energy, reducing water column turbidity, recycling water column nutrients, and providing high levels o…

A. Any removal of naturally occurring SAV from state bottom or planting of nursery stock SAV for any purpose, except as part of a prior-approved research or scientific investigation, shall require prior approval by the commission. In determining whether to grant approval for SAV …

A. The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Administrative Process Act" means Chapter 1.1:1 (§ 9-6.14:1 et seq.) of Title 9 of the Code of Virginia. "Commission" means the Marine R…

A. The procedures in 4VAC20-340-30 of this chapter shall be used by the division for soliciting the input of interested persons in the initial formation and development, amendment, or repeal of chapters in accordance with the Administrative Process Act. This chapter does not appl…

A. The division shall establish and maintain a list or lists consisting of persons expressing an interest in the adoption, amendment, or repeal of chapters. Any person wishing to be placed on any list may do so by writing the agency. In addition, the agency, at its discretion, ma…

A. All regulatory actions for which a NOIRA has been published in The Virginia Register of Regulations prior to May 18, 1994 shall be processed in accordance with the emergency amendments to 4VAC20-340-10 et seq., Public Participation Guidelines, which are effective from June 29,…

The purpose of this chapter is to provide an expedited process for the issuance of general wetlands permits to allow applicants to stabilize nonvegetated shorelines during emergency situations following a determination that there is a threat to public or private property or to th…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Chairman" means the chairman of a local wetland board. "Commission" means the Marine Resources Commission. "Commissioner" means the Commiss…

A. At present, the only emergency authorization is that provided in subdivision 8 of § 3 of § 28.2-1302 of the Code of Virginia. That section of the model wetlands zoning ordinance provides statutory authorization for "emergency measures decreed by any duly appointed health offic…

A. The commissioner or his designee, Chief, Habitat Management Division, will oversee administration of the provisions of the general wetlands permit. B. An approved Local-State-Federal Permit Application form, or the abbreviated General Permit #4 Application form, must be comple…

The purpose of this chapter is to provide for the conservation of the billfish resource off of the coast of Virginia by preventing the development of a commercial fishery through a prohibition of sale of billfish. The chapter supports the objectives of federal and interstate mana…

The following word and term, when used in this chapter, shall have the following meaning unless the context clearly indicates otherwise: "Billfish" means any fish of the species Istiophorus platypterus (sailfish), Tetrapturus albidus (white marlin), Makaira nigricans (blue marlin…

It shall be unlawful for any person to buy, sell, offer for sale, possess with intent to sell, barter, or exchange billfish. Statutory Authority§ 28.2-201 of the Code of Virginia.

As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision 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 violatio…

As a result of increasingly intensive development through the subdivision of lands adjacent to waters of the Commonwealth, the commission finds it necessary to develop more detailed criteria for the siting of facilities to serve the needs of boaters in order to protect, conserve …

The goals of the commission are to: 1. Insure that its decisions concerning use of the Commonwealth's natural resources are consistent with the Constitution and laws of Virginia. 2. Develop and administer siting criteria consistent with the Chesapeake Bay initiatives and the Gove…

The pressures to develop shoreline property and state-owned subaqueous lands are increasing at an unprecedented rate. Boat mooring facilities have become an attractive and effective mechanism to enhance the marketing of subdivided lots in proximity to state waters. In the process…

A comprehensive siting review process for boat mooring facilities requiring permits from the commission is necessary to insure that permit decisions comply with statutory requirements and the legislative mandate that our natural resources be maintained and conserved for present a…

For purposes of standardization, the definitions contained in Article 1 of Part I of the Department of Health regulations, 12VAC5-570-10 et seq., Sanitary Regulations for Marinas and Boat Moorings, will pertain. For reference purposes, the following two definitions are reproduced…

In addition to the criteria contained on pages 8 and 9 of the current Subaqueous Guidelines promulgated by the commission in 1979 and revised in 1986, the following should be considered by the applicant in planning and will be considered by the commission during the public intere…

A. For community piers and marina facilities which are appurtenances to residential developments, the number of slips will not necessarily be predicated by the number of units on the property. B. The dredging of access channels should be limited to the minimum dimensions necessar…

In order to reduce discharge of nonpoint source pollutants into state waters, the commission will require the applicant to demonstrate how appropriate BMP's will be incorporated into both the upland development plan associated with the facility as well at the Erosion and Sediment…

The following criteria will be considered by the commission in determining whether, and upon what condition to issue any permit for a boat mooring facility. In addition, the commission may consider other factors relevant to a specific project or application. Criteria Undesirable …

The purpose of this chapter is to aid in enforcing the provisions of § 28-2.708 of the Code of Virginia and to protect and conserve the blue crab resource. Statutory Authority§ 28.2-201 of the Code of Virginia.

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. "Dark sponge crab" means the adult female hard crab which has extruded her eggs on the abdomen or abdominal flap and the eggs have developed…

A. All crabs taken from the tidal waters of Virginia shall be culled to the legal size and possession limits by the catcher at the location of the harvest. B. The catcher shall use culling containers (other than bushel baskets and barrels normally used for crabs) for the purpose …

A. As set forth in § 28.2-708 of the Code of Virginia, any person violating any provision of this chapter other than subsections D and E of 4VAC20-370-20 shall be guilty of a Class 3 misdemeanor. B. As set forth in § 28.2-903 of the Code of Virginia, any person violating any prov…

The purpose of this chapter is to maintain the target fishing mortality rate for grey trout in order to maintain a sustainable grey trout population. This chapter is designed to be consistent with federal and interstate management measures. Statutory Authority§ 28.2-201 of the Co…

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Fishing year" means the time period of April 1 through March 31. "Grey trout" means any fish of the species Cynoscion regalis. "Snout" means …

(Repealed.)

A. The open seasons on grey trout harvested by pound net shall be April 1 through April 30 and May 23 through September 12. The restricted seasons on grey trout harvested by pound net shall be May 1 through May 22 and September 13 through March 31 except as provided in subdivisio…