Virginia Regulatory Town Hall

Final Text

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Action:
Establishing the 2024-2025 areas of public harvest, public ...
Stage: Final
6/14/24  2:01 PM
 
4VAC20-720-40 Open oyster harvest season, harvest areas, and harvest limits

A. It shall be unlawful for any person to harvest oysters from public and unassigned grounds except within the dates and areas and with the harvest gears set forth in this section.

B. It shall be unlawful to harvest clean cull oysters from the public oyster grounds and unassigned grounds except within the seasons and areas and with the harvest gears as described in Table 1 in this subsection.

It shall be unlawful to exceed the daily individual bushel harvest limit or the daily vessel bushel limit of clean cull oysters in Table 1 in this subsection.

Table 1

Clean Cull Oyster Harvest Area, Harvest Dates, Harvest Gear, and Daily Bushel Limits

Harvest Area

Harvest Dates

Harvest Gear

Daily Individual Bushel Limit

Daily Vessel Bushel Limit

Great Wicomico River Rotation Area 1 2

December 1, 2023, through January 31, 2024, and February 15, 2024, through February 29, 2024 February 1, 2025 through February 28, 2025

Hand Scrape

8

16

James River Area 1 and 2, and 3

October 15, 2023, through February 29, 2024, and March 16, 2024 through March 31, 2024 November 1, 2024 through February 28, 2025

Hand Scrape

8

16

James River
Area 3

November 1, 2023, through March 15, 2024

Hand Scrape

8

16

Middle Ground Mobjack Bay Area

November 1, 2023, through November 15, 2023 February 1, 2025, through February 28, 2025

Hand Scrape

8

16

Rappahannock River Rotation Area 1

March 1, 2024, through March 15, 2024

Hand Scrape

8

16

Rappahannock River Area 8

January 1, 2024, through February 14, 2024

Hand Scrape

8

16

Rappahannock River Area 7

December 1, 2023, through December 31, 2023

Hand Scrape

8

16

Rappahannock River Rotation Area 2 3

February 15, 2024, through February 29, 2024 November 1, 2024 through December 31, 2024

Hand Scrape

8

16

Rappahannock River Rotation Area 6 5

November 1, 2023, through November 30, 2023 December 1, 2024 through January 31, 2025

Hand Scrape

8

16

Upper Chesapeake Bay - Blackberry Hangs Area

February 1, 2024 2025, through February 29, 2024 28, 2025

Hand Scrape

8

16

York River Rotation Area 1

November 1, 2023, through November 30, 2023, and February 15, 2024, through February 29, 2024

Hand Scrape

8

16

Coan River Area

October 1, 2023 2024, through December 31, 2023 2024

Hand Tong

14

28

Corrotoman Hand Tong Area

October 1, 2023 2024, through March 31, 2024 2025

Hand Tong

14

28

Indian Creek

March 1, 2024 2025, through March 31, 2024 2025

Hand Tong

14

28

James River Area 1 and 2

March 1, 2024, through March 15, 2024, and April 1, 2024, through April 30, 2024

Hand Tong

14

28

James River
Area 3

March 16, 2024, through April 30, 2024

Hand Tong

14

28

James River Seed Area, including the James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area

October 1, 2023, through May 31, 2024 2024 through April 30, 2025

Hand Tong

14

28

Little Wicomico River

October 1, 2023 2024, through December 31, 2023 2024

Hand Tong

14

28

Milford Haven

November 1, 2023 2024, through March 31, 2024 2025

Hand Tong

14

28

Nomini Creek ­Area

October 1, 2023 2024, through December 31, 2023 2024

Hand Tong

14

28

Pocomoke Sound Area Public Ground 9 and 10

November 1, 2023 2024, through March 31, 2024 2025

Hand Tong

14

28

Rappahannock River Area 9

October 1, 2023 2024, through March 31, 2024 2025

Hand Tong

14

28

Yeocomico River Area

October 1, 2023 2024, through December 31, 2023 2024

Hand Tong

14

28

York River Hand Tong Area

November 1, 2023 2024, through March 31, 2024 2025

Hand Tong

14

28

York River Rotation Area 1 and 2

October 1, 2023, through October 31, 2023, and December 1, 2023, through February 15, 2024, and March 1, 2024, November 1, 2024, through March 31, 2024 2025

Hand Tong

14

28

Beasley Bay Area

March 1, 2024, through March 15, 2024

Oyster Dredge

8

16

California Rock Area

November 15, 2023, through November 30, 2023

Oyster Dredge

8

16

Pocomoke and Tangier Sound Rotation Area 1 2

December 1, 2023 2024, through February 29, 2024 28, 2025

Oyster Dredge

8

16

Tangier Sound Rotation Area 1

December 1, 2023, through March 15, 2024

Oyster Dredge

8

16

Larsons Bay Area

December 1, 2023, through February 29, 2024

Patent Tong

8

16

Deep Rock Area

November 1, 2023 2024, through March 31, 2024 February 28, 2025

Patent Tong

8

16

Rappahannock River Rotation Area 1

October 15, 2023 November 1, 2024, through February 29, 2024 28, 2025

Patent Tong

8

16

Seaside Eastern Shore

November 1, 2023 2024, through March 31, 2024 2025

By Hand or Hand Tong

14

28

C. It shall be unlawful to harvest seed oysters from the public oyster grounds or unassigned grounds, except within the dates and areas and with the harvest gears described in Table 2 in this subsection.

Table 2.

Seed Oyster Harvest Area, Harvest Dates, and Harvest Gear

Harvest Area

Harvest Dates

Harvest Gear

James River Seed Area, including the Deep Water Shoal State Replenishment Seed Area

October 1, 2023 2024, through May 31, 2024 2025

Hand Tong

D. In the Pocomoke and Tangier Sounds Rotation Areas, it shall be unlawful to possess on board any vessel more than 250 hard clams.

E. It shall be unlawful to possess any blue crabs on board any vessel with an oyster scrape or oyster dredge.

F. It shall be unlawful for any person or vessel to harvest clean cull oysters with more than one gear type in any single day from the public oyster grounds or unassigned grounds in the waters of the Commonwealth of Virginia.

4VAC20-720-60 Day and time limit

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.