                                 CODE OF VIRGINIA

COMMISSION TO ADMINISTER GRANTS TO INDIVIDUALS TRANSFERRING OYSTERS TO A
STATE-MANAGED SANCTUARY; FUND (§ 28.2-201.1)

For purposes of this section:
		&#8220;Fund&#8221; means the Oyster Growing Activities Fund.
		&#8220;Individual&#8221; means the same as that term is defined in §
58.1-302.

A. Beginning January 1, 2002, and ending 12:00 p.m. on December 31, 2011, any
individual who (i) grows oysters during the calendar year pursuant to a valid
Virginia Marine Resources Commission General Permit for Noncommercial Riparian
Shellfish Growing Activities issued pursuant to regulations promulgated by the
Commission according to the procedures established in Article 2 (&#xA7; 28.2-209
et seq.) of Chapter 2 of this title and (ii) is issued a written receipt from
the Commission evidencing the transfer during such calendar year of at least
five hundred oysters to a state-managed sanctuary reef, or to a designated
organization or person authorized to take possession of such oysters for the
purpose of depositing them on a state-managed sanctuary reef, shall be eligible
for a grant from the Commonwealth.

B. The grant paid for such oysters transferred during the calendar year shall be
equal to the lesser of $300 or the amount paid by the individual in such
calendar year to grow such oysters, including but not limited to the amount paid
for equipment, materials and training.

C. The Commission shall establish a process to issue a written receipt to any
individual who grows and transfers oysters in accordance with the conditions of
subsection A. Such receipt shall include the date and the number of such oysters
transferred.

D. An individual eligible for a grant under this section shall file an
application for such grant with the Commissioner in person or by mail no later
than March 31 of the calendar year following the calendar year in which the
oysters were transferred to a state-managed sanctuary reef or to a designated
organization or person authorized to take possession of such oysters for the
purpose of depositing them on a state-managed sanctuary reef (or such later date
determined by the Commissioner in his sole discretion). Such application shall
include sales receipts and such other evidence required by the Commissioner for
purposes of determining the amount paid by the individual to grow such oysters
in the previous calendar year. Failure to meet the filing deadline shall render
the individual ineligible to receive a grant for such calendar year. For filings
by mail, the postmark cancellation shall govern the date of the filing
determination. The Commissioner shall award grants only to those individuals who
have been issued the written receipt described in subsection C.

E. Within ninety days after the filing deadline in subsection D, the
Commissioner shall certify to (i) the Comptroller and (ii) each applicant the
amount of the grant to which such applicant is entitled under the provisions of
this section. Payment of such grant shall be made by check issued by the State
Treasurer on warrant of the Comptroller within sixty days of such certification.

F. Grants shall be awarded in the order in which grant applications are filed
with the Commissioner. The Commissioner may not award any grant unless there are
sufficient funds in the Fund from which such grant shall be paid. Any individual
growing and transferring oysters as required under this section, but not
receiving a grant for such transfer because of insufficient funds in the Fund,
shall have no priority or right to any future moneys that may be appropriated or
deposited into the Fund based on such prior transfer of oysters.

G. There is hereby established the Oyster Growing Activities Fund to be
administered by the Commission from which grants shall be paid to individuals
for growing and transferring oysters to a state-managed sanctuary reef, or to a
designated organization or person authorized to take possession of such oysters
for the purpose of depositing them on a state-managed sanctuary reef, as
provided in this section. The Fund shall consist of such funds as may be
appropriated by the General Assembly from time to time. The Fund shall be
established on the books of the Comptroller, and any funds, including interest,
remaining in the Fund at the end of a fiscal year or a biennium shall not revert
to the general fund but shall remain in the Fund. Interest earned on the Fund
shall be credited to the Fund.

HISTORY: 2001, c. 819.