                                 CODE OF VIRGINIA

TEMPORARY ENCLOSURES ON LEASED GROUND (§ 28.2-603.1)

The Commission shall, pursuant to its authority to regulate marine fisheries and
commercial fishing, establish a general permit regulation authorizing the use of
temporary protective enclosures to grow shellfish on grounds leased pursuant to
§ 28.2-603. In developing the general permit, the Commission shall consider
those factors set forth in subsection A of § 28.2-1205. In addition to such
other requirements as the Commission may prescribe for the protection of public
safety, navigation, natural resources, and the environment, the general permit
shall include the following provisions:

1. Leaseholders shall comply with any Commission requirements pertaining to
aquaculture licensing;

2. Enclosures shall be constructed of nontoxic materials;

3. Leaseholders shall not place enclosures (i) in or upon submerged aquatic
vegetation, (ii) in any marked navigation channel or in any other area that
would create a hazard, or (iii) in any area that would impede customary access
to navigable waters from any riparian property, public or commercial landing, or
marina facility;

4. The location of enclosures shall be clearly marked to alert boaters and to
allow the leaseholder or other authorized persons to retrieve the enclosures if
necessary. The general permit regulation shall specify acceptable means and
devices for complying with this requirement;

5. Leaseholders shall maintain a list identifying those leases on which
enclosures are placed during the term 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 &#xA7; 28.2-613;

6. Leaseholders shall promptly 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&#8217;s aquaculture license, the
leaseholder shall promptly remove all enclosures placed on the leasehold; and

7. At his discretion, the Commissioner may order the 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.

HISTORY: 2007, cc. 28, 170.