Code of Virginia
Chapter 6 - Planting Grounds
§ 28.2-603.1. Temporary enclosures on leased ground

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 § 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'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.
2007, cc. 28, 170.

Structure Code of Virginia

Code of Virginia

Title 28.2 - Fisheries and Habitat of the Tidal Waters

Chapter 6 - Planting Grounds

§ 28.2-600. Riparian planting ground assignments; eligibility; fee

§ 28.2-601. Riparian assignments; entitlements; obligations

§ 28.2-602. Riparian assignments; special terms and conditions

§ 28.2-603. General oyster planting grounds

§ 28.2-603.1. Temporary enclosures on leased ground

§ 28.2-603.2. Commissioner to provide notice

§ 28.2-604. Eligible applicants

§ 28.2-605. Application for assignment

§ 28.2-606. Notice of application

§ 28.2-607. Survey and marking of ground

§ 28.2-608. Application, surveying, and recording fees

§ 28.2-609. Restrictions on assigned acreage and applications

§ 28.2-610. Restriction on acreage owned or operated

§ 28.2-611. Application for general planting ground in Chesapeake Bay; acreage allowed; annual rental

§ 28.2-612. Payment of annual rental; penalty for default

§ 28.2-613. Duration of lease

§ 28.2-614. Requiring lessee or transferor to have ground surveyed and plat recorded; canceling lease for failure of lessee to have survey

§ 28.2-615. Payment of costs for service, etc.

§ 28.2-616. Possession gives no preference as to assignment

§ 28.2-617. Recordation of plat

§ 28.2-618. (Effective until July 1, 2035) Commonwealth guarantees rights of renter subject to right of fishing

§ 28.2-618. (Effective July 1, 2035) Commonwealth guarantees rights of renter subject to right of fishing

§ 28.2-619. When leases become vacant

§ 28.2-620. Delinquent ground

§ 28.2-621. Effect of proposal for navigation project

§ 28.2-622. Consolidation of lease

§ 28.2-623. Excusing rent payment on condemned oyster grounds in the Lynnhaven River and tributaries

§ 28.2-624. Public rocks, etc., not to be used or staked off; penalty

§ 28.2-625. Transfer or assignment

§ 28.2-626. Refund of rent paid under mistake

§ 28.2-627. Relief from rent

§ 28.2-627.1. Oyster Leasing, Conservation, and Repletion Programs Fund

§ 28.2-628. Condemnation of oyster bottoms and grounds

§ 28.2-629. Rights of owner to waters within lawful survey

§ 28.2-630. Rights of riparian owners to build bulkhead or wharf

§ 28.2-631. Grounds for clams

§ 28.2-632. Public clamming grounds

§ 28.2-633. Bathing grounds; assignment; rental

§ 28.2-634. Nonresidents; taking, planting oysters prohibited; penalty

§ 28.2-635. Residents not to be associated with nonresident

§ 28.2-636. Leasing of certain bottoms in Rappahannock River prohibited

§ 28.2-637. Repealed

§ 28.2-638. Authority of Governor to authorize dredging of channel in navigable waters

§ 28.2-639. Certain public oyster rocks in Rappahannock River

§ 28.2-640. Declaring certain grounds in Mobjack Bay public oyster rocks

§ 28.2-641. Declaring certain areas in Hill's Bay, Mathews County, public oyster rocks, beds, and shoals

§ 28.2-642. Declaring certain other areas in Hill's Bay, Mathews County, public oyster rocks, beds, and shoals

§ 28.2-643. Declaring certain areas in Chesapeake Bay, Mathews County, public oyster rocks, beds, and shoals

§ 28.2-644. Declaring certain areas near Hole in the Wall, in Mathews County, public oyster rocks, beds, and shoals

§ 28.2-645. Declaring certain areas in Pocomoke Sound, Accomack County, public oyster rocks, beds, and shoals

§ 28.2-646. Declaring certain areas in Piankatank River near Stove Point, Middlesex County, public oyster rocks, beds, and shoals

§ 28.2-647. Declaring certain areas near the mouth of the Poquoson River, in York County, public oyster rocks, beds and shoals

§ 28.2-648. Declaring certain ground in Mobjack Bay, in Gloucester and Mathews Counties, to be public oyster rocks, beds, and shoals

§ 28.2-649. Acts which remain in force

§ 28.2-650. Dredging clams in polluted areas for replanting in public clamming grounds