§ 28.2-201.1. Commission to administer grants to individuals transferringoysters to a state-managed sanctuary; fund.
For purposes of this section:
"Fund" means the Oyster Growing Activities Fund.
"Individual" means the same as that term is defined in § 58.1-302.
A. Beginning January 1, 2002, and ending 12:00 p.m. on December 31, 2011, anyindividual who (i) grows oysters during the calendar year pursuant to a validVirginia Marine Resources Commission General Permit for NoncommercialRiparian Shellfish Growing Activities issued pursuant to regulationspromulgated by the Commission according to the procedures established inArticle 2 (§ 28.2-209 et seq.) of Chapter 2 of this title and (ii) is issueda written receipt from the Commission evidencing the transfer during suchcalendar year of at least five hundred oysters to a state-managed sanctuaryreef, or to a designated organization or person authorized to take possessionof such oysters for the purpose of depositing them on a state-managedsanctuary reef, shall be eligible for a grant from the Commonwealth.
B. The grant paid for such oysters transferred during the calendar year shallbe equal to the lesser of $300 or the amount paid by the individual in suchcalendar year to grow such oysters, including but not limited to the amountpaid for equipment, materials and training.
C. The Commission shall establish a process to issue a written receipt to anyindividual who grows and transfers oysters in accordance with the conditionsof subsection A. Such receipt shall include the date and the number of suchoysters transferred.
D. An individual eligible for a grant under this section shall file anapplication for such grant with the Commissioner in person or by mail nolater than March 31 of the calendar year following the calendar year in whichthe oysters were transferred to a state-managed sanctuary reef or to adesignated organization or person authorized to take possession of suchoysters for the purpose of depositing them on a state-managed sanctuary reef(or such later date determined by the Commissioner in his sole discretion).Such application shall include sales receipts and such other evidencerequired by the Commissioner for purposes of determining the amount paid bythe individual to grow such oysters in the previous calendar year. Failure tomeet the filing deadline shall render the individual ineligible to receive agrant for such calendar year. For filings by mail, the postmark cancellationshall govern the date of the filing determination. The Commissioner shallaward grants only to those individuals who have been issued the writtenreceipt described in subsection C.
E. Within ninety days after the filing deadline in subsection D, theCommissioner shall certify to (i) the Comptroller and (ii) each applicant theamount of the grant to which such applicant is entitled under the provisionsof this section. Payment of such grant shall be made by check issued by theState Treasurer on warrant of the Comptroller within sixty days of suchcertification.
F. Grants shall be awarded in the order in which grant applications are filedwith the Commissioner. The Commissioner may not award any grant unless thereare sufficient funds in the Fund from which such grant shall be paid. Anyindividual growing and transferring oysters as required under this section,but not receiving a grant for such transfer because of insufficient funds inthe Fund, shall have no priority or right to any future moneys that may beappropriated or deposited into the Fund based on such prior transfer ofoysters.
G. There is hereby established the Oyster Growing Activities Fund to beadministered by the Commission from which grants shall be paid to individualsfor growing and transferring oysters to a state-managed sanctuary reef, or toa designated organization or person authorized to take possession of suchoysters for the purpose of depositing them on a state-managed sanctuary reef,as provided in this section. The Fund shall consist of such funds as may beappropriated by the General Assembly from time to time. The Fund shall beestablished on the books of the Comptroller, and any funds, includinginterest, remaining in the Fund at the end of a fiscal year or a bienniumshall not revert to the general fund but shall remain in the Fund. Interestearned on the Fund shall be credited to the Fund.
§ 28.2-201.1. Commission to administer grants to individuals transferringoysters to a state-managed sanctuary; fund.
For purposes of this section:
"Fund" means the Oyster Growing Activities Fund.
"Individual" means the same as that term is defined in § 58.1-302.
A. Beginning January 1, 2002, and ending 12:00 p.m. on December 31, 2011, anyindividual who (i) grows oysters during the calendar year pursuant to a validVirginia Marine Resources Commission General Permit for NoncommercialRiparian Shellfish Growing Activities issued pursuant to regulationspromulgated by the Commission according to the procedures established inArticle 2 (§ 28.2-209 et seq.) of Chapter 2 of this title and (ii) is issueda written receipt from the Commission evidencing the transfer during suchcalendar year of at least five hundred oysters to a state-managed sanctuaryreef, or to a designated organization or person authorized to take possessionof such oysters for the purpose of depositing them on a state-managedsanctuary reef, shall be eligible for a grant from the Commonwealth.
B. The grant paid for such oysters transferred during the calendar year shallbe equal to the lesser of $300 or the amount paid by the individual in suchcalendar year to grow such oysters, including but not limited to the amountpaid for equipment, materials and training.
C. The Commission shall establish a process to issue a written receipt to anyindividual who grows and transfers oysters in accordance with the conditionsof subsection A. Such receipt shall include the date and the number of suchoysters transferred.
D. An individual eligible for a grant under this section shall file anapplication for such grant with the Commissioner in person or by mail nolater than March 31 of the calendar year following the calendar year in whichthe oysters were transferred to a state-managed sanctuary reef or to adesignated organization or person authorized to take possession of suchoysters for the purpose of depositing them on a state-managed sanctuary reef(or such later date determined by the Commissioner in his sole discretion).Such application shall include sales receipts and such other evidencerequired by the Commissioner for purposes of determining the amount paid bythe individual to grow such oysters in the previous calendar year. Failure tomeet the filing deadline shall render the individual ineligible to receive agrant for such calendar year. For filings by mail, the postmark cancellationshall govern the date of the filing determination. The Commissioner shallaward grants only to those individuals who have been issued the writtenreceipt described in subsection C.
E. Within ninety days after the filing deadline in subsection D, theCommissioner shall certify to (i) the Comptroller and (ii) each applicant theamount of the grant to which such applicant is entitled under the provisionsof this section. Payment of such grant shall be made by check issued by theState Treasurer on warrant of the Comptroller within sixty days of suchcertification.
F. Grants shall be awarded in the order in which grant applications are filedwith the Commissioner. The Commissioner may not award any grant unless thereare sufficient funds in the Fund from which such grant shall be paid. Anyindividual growing and transferring oysters as required under this section,but not receiving a grant for such transfer because of insufficient funds inthe Fund, shall have no priority or right to any future moneys that may beappropriated or deposited into the Fund based on such prior transfer ofoysters.
G. There is hereby established the Oyster Growing Activities Fund to beadministered by the Commission from which grants shall be paid to individualsfor growing and transferring oysters to a state-managed sanctuary reef, or toa designated organization or person authorized to take possession of suchoysters for the purpose of depositing them on a state-managed sanctuary reef,as provided in this section. The Fund shall consist of such funds as may beappropriated by the General Assembly from time to time. The Fund shall beestablished on the books of the Comptroller, and any funds, includinginterest, remaining in the Fund at the end of a fiscal year or a bienniumshall not revert to the general fund but shall remain in the Fund. Interestearned on the Fund shall be credited to the Fund.
§ 28.2-201.1. Commission to administer grants to individuals transferringoysters to a state-managed sanctuary; fund.
For purposes of this section:
"Fund" means the Oyster Growing Activities Fund.
"Individual" means the same as that term is defined in § 58.1-302.
A. Beginning January 1, 2002, and ending 12:00 p.m. on December 31, 2011, anyindividual who (i) grows oysters during the calendar year pursuant to a validVirginia Marine Resources Commission General Permit for NoncommercialRiparian Shellfish Growing Activities issued pursuant to regulationspromulgated by the Commission according to the procedures established inArticle 2 (§ 28.2-209 et seq.) of Chapter 2 of this title and (ii) is issueda written receipt from the Commission evidencing the transfer during suchcalendar year of at least five hundred oysters to a state-managed sanctuaryreef, or to a designated organization or person authorized to take possessionof such oysters for the purpose of depositing them on a state-managedsanctuary reef, shall be eligible for a grant from the Commonwealth.
B. The grant paid for such oysters transferred during the calendar year shallbe equal to the lesser of $300 or the amount paid by the individual in suchcalendar year to grow such oysters, including but not limited to the amountpaid for equipment, materials and training.
C. The Commission shall establish a process to issue a written receipt to anyindividual who grows and transfers oysters in accordance with the conditionsof subsection A. Such receipt shall include the date and the number of suchoysters transferred.
D. An individual eligible for a grant under this section shall file anapplication for such grant with the Commissioner in person or by mail nolater than March 31 of the calendar year following the calendar year in whichthe oysters were transferred to a state-managed sanctuary reef or to adesignated organization or person authorized to take possession of suchoysters for the purpose of depositing them on a state-managed sanctuary reef(or such later date determined by the Commissioner in his sole discretion).Such application shall include sales receipts and such other evidencerequired by the Commissioner for purposes of determining the amount paid bythe individual to grow such oysters in the previous calendar year. Failure tomeet the filing deadline shall render the individual ineligible to receive agrant for such calendar year. For filings by mail, the postmark cancellationshall govern the date of the filing determination. The Commissioner shallaward grants only to those individuals who have been issued the writtenreceipt described in subsection C.
E. Within ninety days after the filing deadline in subsection D, theCommissioner shall certify to (i) the Comptroller and (ii) each applicant theamount of the grant to which such applicant is entitled under the provisionsof this section. Payment of such grant shall be made by check issued by theState Treasurer on warrant of the Comptroller within sixty days of suchcertification.
F. Grants shall be awarded in the order in which grant applications are filedwith the Commissioner. The Commissioner may not award any grant unless thereare sufficient funds in the Fund from which such grant shall be paid. Anyindividual growing and transferring oysters as required under this section,but not receiving a grant for such transfer because of insufficient funds inthe Fund, shall have no priority or right to any future moneys that may beappropriated or deposited into the Fund based on such prior transfer ofoysters.
G. There is hereby established the Oyster Growing Activities Fund to beadministered by the Commission from which grants shall be paid to individualsfor growing and transferring oysters to a state-managed sanctuary reef, or toa designated organization or person authorized to take possession of suchoysters for the purpose of depositing them on a state-managed sanctuary reef,as provided in this section. The Fund shall consist of such funds as may beappropriated by the General Assembly from time to time. The Fund shall beestablished on the books of the Comptroller, and any funds, includinginterest, remaining in the Fund at the end of a fiscal year or a bienniumshall not revert to the general fund but shall remain in the Fund. Interestearned on the Fund shall be credited to the Fund.
