Bill Text: VA HB138 | 2010 | Regular Session | Engrossed
Bill Title: Aquaculture opportunity zones; Marine Resources Commission establish for propagation of shellfish.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-03-04 - Governor: Acts of Assembly Chapter text (CHAP0027) [HB138 Detail]
Download: Virginia-2010-HB138-Engrossed.html
10104621D
Be it enacted by the General Assembly of Virginia: 1. That §28.2-603 of the Code of Virginia is amended and reenacted as follows: §28.2-603. General oyster planting grounds; aquaculture opportunity zones. A. Waterfront that is not already assigned or reserved for the riparian owners, and the beds of the bays, rivers, and creeks and shores of the sea lying outside the limits of navigation projects adopted and authorized by the Congress and not required for the disposal of materials dredged incident to the maintenance of such projects, and grounds other than public oyster beds, rocks, or shoals, as defined by law and included in the Baylor survey, may be occupied for the purpose of planting or propagating oysters, including the use of temporary protective enclosures in compliance with this chapter and Commission regulations, and may be leased by the Commissioner upon the receipt of a proper application. B. The Commission shall establish commercial shellfish
aquaculture opportunity zones, pursuant to §28.2-603.1, in the waters off the
shores of the Northern Neck, the Middle Peninsula, and Tangier Island. Such
zones shall be established by regulations. The regulations shall prescribe (i)
the location of such zones; (ii) the proper procedures for the maintenance of
such zones, including the (a) proper placement and handling of gear and other
apparatus so as not to create a safety hazard, and (b) seasonal and time-of-day
use of such zones; and (iii) penalties for violations of the regulations. Once
established, such zones shall be exempt from the provisions of §§28.2-606
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