CHAPTER 314
An Act to amend and reenact § 28.2-603 of the Code of
Virginia, relating to aquaculture opportunity zones.
[S 963]
Approved March 21, 2011
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.
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 for the placement of temporary protective
enclosures as set forth in § 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, 28.2-607, and 28.2-608, §§
28.2-612 through 28.2-615, and 28.2-617. The Commission may establish a single
fee for the application and use of the aquaculture opportunity zones.
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