28.2-603 - General oyster planting grounds; aquaculture opportunity zones.
§ 28.2-603. General oyster planting grounds; aquaculture opportunity zones.
A. Waterfront that is not already assigned or reserved for the riparianowners, and the beds of the bays, rivers, and creeks and shores of the sealying outside the limits of navigation projects adopted and authorized by theCongress and not required for the disposal of materials dredged incident tothe 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 beoccupied for the purpose of planting or propagating oysters, including theuse of temporary protective enclosures in compliance with this chapter andCommission regulations, and may be leased by the Commissioner upon thereceipt of a proper application.
B. The Commission shall establish commercial shellfish aquacultureopportunity zones for the placement of temporary protective enclosures as setforth in § 28.2-603.1, in the waters off the shores of the Northern Neck, theMiddle Peninsula, and Tangier Island. Such zones shall be established byregulations. 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 tocreate a safety hazard and (b) seasonal and time-of-day use of such zones;and (iii) penalties for violations of the regulations. Once established, suchzones shall be exempt from the provisions of §§ 28.2-606, 28.2-607, and28.2-608, §§ 28.2-612 through 28.2-615, and 28.2-617. The Commission mayestablish a single fee for the application and use of the aquacultureopportunity zones.
(Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406,§ 28.1-109(1); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973,c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1986, c. 171;1992, c. 836; 2007, cc. 28, 170; 2010, c. 27.)