Section 4-11 - A-01. Definitions [Amendment subject to abrogation].
§ 4-11A-01. Definitions [Amendment subject to abrogation].
(a) In general.- In this subtitle the following words have the meanings indicated.
(b) Aquaculture.- "Aquaculture" means the commercial rearing of fish or aquatic plants for sale, trade, barter, or shipment.
(c) Aquaculture Enterprise Zone.- "Aquaculture Enterprise Zone" means an area of the Chesapeake Bay approved for the leasing of submerged land or the water column by the Department in consultation with the Department of the Environment and the Wetlands Administrator of the State Board of Public Works.
(d) Aquaculture lease.- "Aquaculture lease" means a lease of any submerged land or the water column located in an Aquaculture Enterprise Zone for cultivating oysters or other shellfish for commercial purposes.
(e) Atlantic Coastal Bays.- "Atlantic Coastal Bays" means the waters of the Assawoman, Isle of Wight, Sinepuxent, Newport, and Chincoteague Bays and their tributaries.
(f) Chesapeake Bay.- "Chesapeake Bay" means the waters commonly known as the Chesapeake Bay.
(g) Demonstration lease.- "Demonstration lease" means a lease of submerged land for the purpose of demonstrating the ecological benefits of growing shellfish or for research or education.
(h) Dredge.- "Dredge" includes any dredge, scoop, handscrape, or similar device used in catching oysters and clams by dragging.
(i) Natural clam bar.- "Natural clam bar" means any area of submerged tidal bottom not classified as a natural oyster bar which has a population of clams of any species judged by the Secretary to have significant commercial value.
(j) Natural oyster bar.- "Natural oyster bar" means any submerged oyster bar, reef, rock, or area represented as an oyster bar on the charts of the Oyster Survey of 1906 to 1912, and its amendments, or any area declared by any circuit court to be a natural oyster bar, or any area on which the Department plants oysters or shells.
(k) Person.- "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.
(l) Public shellfish fishery area.- "Public shellfish fishery area" means an area in which shellfish is harvested for commercial purposes.
(m) SAV Protection Zone.- "SAV Protection Zone" means an area of submerged aquatic vegetation with a density greater than 10% as mapped in aerial surveys by the Virginia Institute of Marine Sciences in 1 or more of the 3 years preceding the designation of an Aquaculture Enterprise Zone or an application for an aquaculture, submerged land, or demonstration lease.
(n) Submerged land lease.- "Submerged land lease" means any land lying beneath the waters of the State leased by the State to any person for cultivating oysters and other shellfish for commercial purposes.
(o) Tong.- "Tong" means any pincers, nippers, tongs, or similar device operated entirely by hand and consisting of 2 shafts or handles and a metal body composed of 2 opposable and complementary baskets used in catching oysters and clams.
(p) Transgenic.- "Transgenic" means an organism into which genetic material from another organism has been experimentally transferred, so that the host acquires the genetic traits of the transferred genes.
(q) Water column lease.- "Water column lease" means a lease of the column of water on or under the surface of the water and above the surface of the submerged land.
[1988, ch. 534, § 1; 1989, ch. 5, § 1; 2001, ch. 54; 2006, ch. 560; 2009, chs. 173, 174.]