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REGULATION: ESTABLISHES PROHIBITIONS ON THE USE OF DREDGES WITHIN AREAS

VIRGINIA MARINE RESOURCES COMMISSION
"PERTAINING TO DREDGING IN SUBMERGED AQUATIC VEGETATION"
REGULATION 4 VAC 20-1010-10 ET SEQ.

 PREAMBLE

This regulation establishes prohibitions on the use of dredges within areas of the Chincoteague Bay and adjacent waters of the Commonwealth which contain submerged aquatic vegetation. This Regulation is promulgated pursuant to authority contained in 28.2-201 of the Code of Virginia. The effective date of this regulation is January 30, 1998.

4 VAC 20-1010-10. Purpose.

The purpose of this chapter is to provide for the conservation of submerged aquatic vegetation in Chincoteague Bay and adjacent waters of the Commonwealth.

4 VAC 20-1010-20. Definitions.

The following words and term, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Areas of submerged aquatic vegetation" means those areas which contain any of the aquatic plant species listed below:

Zostera marina (eelgrass)

Ruppia maritima (widgeon grass)

4 VAC 20-1010-30. Dredges prohibited.

A. It shall be unlawful for any person to use or have overboard any dredge in any areas of submerged aquatic vegetation or within 218 yards (200 meters) of any areas of submerged aquatic vegetation, within those waters of Chincoteague Bay and Assateague Channel and Bay which are bounded on the south by the State Route 175 Chincoteague Causeway and the Assateague Island bridge and on the north by the Virginia-Maryland state line.

4 VAC 20-1010-40. Penalty.

As set forth in 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violation is a Class 1 misdemeanor.

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