Current through Register Vol.. 38, No. 17, April 11, 2022
permittee authorized by this chapter shall hold a current oyster or clam
aquaculture product owners permit issued by the commission; shall be in
compliance with the provisions of 4VAC20-610, Pertaining to Mandatory Harvest
Reporting; and shall have paid all fees, costs, and the annual rent for the
oyster ground lease. Failure to pay all fees and rents as required by
§§ 28.2-608 and 28.2-612 of the Code of Virginia and failure to
report as required in 4VAC20-610 may result in termination of the lease and
B. Any temporary
protective enclosure shall be constructed of nontoxic materials.
C. No temporary protective enclosure shall be
placed in or upon submerged aquatic vegetation beds, and consideration by the
commissioner for authorizing the placement of protective enclosures in
currently unvegetated areas that are documented as historically supporting
submerged aquatic vegetation (SAV) beds shall include consultation with the
Virginia Institute of Marine Science in order to determine the potential for
impacts on SAV, within the term of the prospective lease. If SAV colonizes
within the boundaries of the area designated for the temporary protective
enclosures, the authorization for those structures under this general permit
shall remain in effect only for the remainder of the term of the lease. The
general permit shall be renewed only upon a finding by the commissioner that
the placement of the temporary protective enclosures within the lease will not
significantly interfere with the continued vitality of the SAV.
D. No individual temporary protective
enclosure shall exceed 70 cubic feet in volume.
E. Temporary protective enclosures may be
placed individually on the bottom, placed in racks, or stacked one on top of
F. Temporary protective
enclosures shall not be placed within any marked navigation channel or in any
area that would create a hazard.
Temporary protective enclosures shall not be placed in any area that would
impede customary access to navigable waters from any riparian property, public
or commercial landing, or marina facility.
H. Temporary protective enclosures shall not
be placed within 100 feet of any shoreline or pier without the agreement of the
riparian property owner.
Temporary protective enclosures shall be placed in a manner that allows for
their ease of access, maintenance, and removal and shall not exceed an average
of 250 individual structures per acre within the permitted area or 250 arrays
of structures when those enclosures are stacked one on top of
In addition to the
marking of the boundary of the lease required by 4VAC20-335, the boundary of
the area containing the structures shall be identified with markers meeting the
description for markers identified in
, while structures are
located on the bottom. At intervals no smaller than 150 feet and along the
perimeter of the area containing the temporary protective enclosures, the
leaseholder shall place placards constructed of a durable material that shall
be at least four feet above the mean high water line and shall conform to the
description established by the commissioner.
K. No temporary protective enclosure shall be
marked by more than one buoy, which shall not exceed 15 inches in its longest
dimension. The commissioner may designate the color of the buoys used for
marking temporary protective enclosures.
L. Nothing in this general permit shall
authorize the placement of any temporary protective enclosure designed to float
on the surface of the water.
Leaseholders shall within five business days remove any enclosure that is not
actively in use for the planting and propagating of shellfish and, upon
expiration or termination of a lease or of the leaseholder's Aquaculture
Product Owner's Permit, the leaseholder shall promptly remove all enclosures
placed on the leasehold.
Leaseholders shall maintain a list identifying those leases on which enclosures
are placed during the terms of the lease and provide upon request a current
copy of the list to authorized representatives of the commission. Leaseholders
shall also submit such list to be filed with any application for lease renewal
made pursuant to § 28.2-613 of the Code of Virginia.
O. The commissioner at his discretion may
order the immediate removal or relocation of any enclosure that interferes with
navigation, creates a hazard, or otherwise fails to comply with the conditions
of the general permit.