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2011 SESSION
11103447DBe 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.