28.2-603.1 - Temporary enclosures on leased ground.
§ 28.2-603.1. Temporary enclosures on leased ground.
The Commission shall, pursuant to its authority to regulate marine fisheriesand commercial fishing, establish a general permit regulation authorizing theuse of temporary protective enclosures to grow shellfish on grounds leasedpursuant to § 28.2-603. In developing the general permit, the Commissionshall consider those factors set forth in subsection A of § 28.2-1205. Inaddition to such other requirements as the Commission may prescribe for theprotection of public safety, navigation, natural resources, and theenvironment, the general permit shall include the following provisions:
1. Leaseholders shall comply with any Commission requirements pertaining toaquaculture licensing;
2. Enclosures shall be constructed of nontoxic materials;
3. Leaseholders shall not place enclosures (i) in or upon submerged aquaticvegetation, (ii) in any marked navigation channel or in any other area thatwould create a hazard, or (iii) in any area that would impede customaryaccess to navigable waters from any riparian property, public or commerciallanding, or marina facility;
4. The location of enclosures shall be clearly marked to alert boaters and toallow the leaseholder or other authorized persons to retrieve the enclosuresif necessary. The general permit regulation shall specify acceptable meansand devices for complying with this requirement;
5. Leaseholders shall maintain a list identifying those leases on whichenclosures 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 forlease renewal made pursuant to § 28.2-613;
6. Leaseholders shall promptly remove any enclosure that is not actively inuse for the planting and propagating of shellfish, and, upon expiration ortermination of a lease or of the leaseholder's aquaculture license, theleaseholder shall promptly remove all enclosures placed on the leasehold; and
7. At his discretion, the Commissioner may order the removal or relocation ofany enclosure that interferes with navigation, creates a hazard, or otherwisefails to comply with the conditions of the general permit.
(2007, cc. 28, 170.)