A. The Commissioner, after consultation with the Director of the VirginiaInstitute of Marine Science and the Fisheries Management Division of theCommission, and subject to the provisions of this section, may authorize, inwriting, the placement of oysters of the species Crassostrea ariakensis onstate-owned bottomlands as described in § 28.2-600 or 28.2-603.
B. The Commissioner's authorization for placement of C. ariakensis onstate-owned bottomlands pursuant to this section shall be conditioned upon,and subject to, compliance with the following requirements:
1. All nonnative oysters placed on state-owned bottomlands pursuant to thissection shall be placed within the bounds of sites established by survey andspecifically designated and approved by the Commissioner for the placement ofC. ariakensis. Before approving any site for the placement of C. ariakensis,the Commissioner shall determine that such use of the site shall not conflictwith Virginia's native oyster restoration program. The Commissioner shall notapprove any submerged aquatic vegetation site designated pursuant to §28.2-1204.1 for the placement of C. ariakensis. Sites designated and approvedfor the placement of C. ariakensis shall be marked as provided in § 28.2-517or as otherwise specified by the Commissioner in granting the authorization.
2. C. ariakensis oysters placed on state-owned bottomlands pursuant to thissection shall not be relayed or transferred to other state-owned bottomlandsexcept in compliance with this section.
3. C. ariakensis oysters placed on state-owned bottomlands pursuant to thissection shall originate at a hatchery located in the Chesapeake Bay regionand be certified by the Virginia Institute of Marine Science to be currentlyin compliance with applicable protocols established by the InternationalCouncil for the Exploration of the Sea. Documentation of compliance with thisrequirement shall be submitted to the Commissioner prior to the placement ofsuch oysters on state-owned bottomlands pursuant to this section.
4. C. ariakensis oysters placed in state-owned bottomlands pursuant to thissection prior to July 1, 2007, or the completion of the Environmental ImpactStatement under preparation by the U.S. Army Corps of Engineers and sponsoredby Maryland and Virginia concerning the introduction of nonnative oysters,whichever is sooner, shall be rendered incapable of reproduction by a methodthat has been determined by the Virginia Institute of Marine Science asreliably producing not more than one diploid oyster per 1,000 of triploidoysters produced, and shall be deployed in a manner determined by theVirginia Institute of Marine Science to protect against inadvertentfertilization. On and after July 1, 2007, or the completion of theEnvironmental Impact Statement under preparation by the U.S. Army Corps ofEngineers and sponsored by Maryland and Virginia concerning the introductionof nonnative oysters, whichever is sooner, the Commissioner, with theconcurrence of the Director of the Virginia Institute of Marine Science, mayauthorize the placement of diploid or fertile C. ariakensis oysters onstate-owned bottomlands.
C. At the request of any person authorized by the Commissioner to place C.ariakensis oysters on state-owned bottomlands, the Commissioner may directthat placement of the oysters be undertaken by or under the direction of theCommission provided that the requestor agrees to reimburse the Commission forall direct costs of such placement and provides a bond, escrow, or otherfinancial assurance for payment of such costs in a form and amountsatisfactory to the Commissioner.
D. Requests for approval and accompanying certifications required by thissection shall be submitted in such form as prescribed by the Commissioner.The Commissioner may, by regulation, establish a reasonable fee sufficient todefray the costs of processing requests for approval. Approvals grantedpursuant to this section shall not be transferred without the writtenauthorization of the Commissioner.
E. C. ariakensis oysters that are placed on state-owned bottomlands inviolation of this section shall, upon written order of the Commissioner, beremoved immediately by the person responsible for their placement. Shouldsuch person be unwilling or unable to remove them, the Commissioner shallhave the oysters removed and may recover the costs thereof from the personresponsible for their placement.
F. The provisions of Title 28.2 shall apply to C. ariakensis oysters grown onstate-owned bottomlands except as otherwise provided in this section.
G. Not more than 60 and not less than 30 days before the Commissionercommences the exercise of his authority to allow placement of C. ariakensison state-owned bottomland, the Commission shall hold at least one publichearing for the purpose of receiving data, views and argument concerning theplacement of C. ariakensis in state waters. Not more than 60 and not lessthan 30 days before the Commissioner commences the exercise of his authorityto allow placement of diploid or fertile C. ariakensis on state-ownedbottomland, the Commission shall hold at least one public hearing for thepurpose of receiving data, views and argument concerning the placement ofdiploid or fertile C. ariakensis in state waters.
A. The Commissioner, after consultation with the Director of the VirginiaInstitute of Marine Science and the Fisheries Management Division of theCommission, and subject to the provisions of this section, may authorize, inwriting, the placement of oysters of the species Crassostrea ariakensis onstate-owned bottomlands as described in § 28.2-600 or 28.2-603.
B. The Commissioner's authorization for placement of C. ariakensis onstate-owned bottomlands pursuant to this section shall be conditioned upon,and subject to, compliance with the following requirements:
1. All nonnative oysters placed on state-owned bottomlands pursuant to thissection shall be placed within the bounds of sites established by survey andspecifically designated and approved by the Commissioner for the placement ofC. ariakensis. Before approving any site for the placement of C. ariakensis,the Commissioner shall determine that such use of the site shall not conflictwith Virginia's native oyster restoration program. The Commissioner shall notapprove any submerged aquatic vegetation site designated pursuant to §28.2-1204.1 for the placement of C. ariakensis. Sites designated and approvedfor the placement of C. ariakensis shall be marked as provided in § 28.2-517or as otherwise specified by the Commissioner in granting the authorization.
2. C. ariakensis oysters placed on state-owned bottomlands pursuant to thissection shall not be relayed or transferred to other state-owned bottomlandsexcept in compliance with this section.
3. C. ariakensis oysters placed on state-owned bottomlands pursuant to thissection shall originate at a hatchery located in the Chesapeake Bay regionand be certified by the Virginia Institute of Marine Science to be currentlyin compliance with applicable protocols established by the InternationalCouncil for the Exploration of the Sea. Documentation of compliance with thisrequirement shall be submitted to the Commissioner prior to the placement ofsuch oysters on state-owned bottomlands pursuant to this section.
4. C. ariakensis oysters placed in state-owned bottomlands pursuant to thissection prior to July 1, 2007, or the completion of the Environmental ImpactStatement under preparation by the U.S. Army Corps of Engineers and sponsoredby Maryland and Virginia concerning the introduction of nonnative oysters,whichever is sooner, shall be rendered incapable of reproduction by a methodthat has been determined by the Virginia Institute of Marine Science asreliably producing not more than one diploid oyster per 1,000 of triploidoysters produced, and shall be deployed in a manner determined by theVirginia Institute of Marine Science to protect against inadvertentfertilization. On and after July 1, 2007, or the completion of theEnvironmental Impact Statement under preparation by the U.S. Army Corps ofEngineers and sponsored by Maryland and Virginia concerning the introductionof nonnative oysters, whichever is sooner, the Commissioner, with theconcurrence of the Director of the Virginia Institute of Marine Science, mayauthorize the placement of diploid or fertile C. ariakensis oysters onstate-owned bottomlands.
C. At the request of any person authorized by the Commissioner to place C.ariakensis oysters on state-owned bottomlands, the Commissioner may directthat placement of the oysters be undertaken by or under the direction of theCommission provided that the requestor agrees to reimburse the Commission forall direct costs of such placement and provides a bond, escrow, or otherfinancial assurance for payment of such costs in a form and amountsatisfactory to the Commissioner.
D. Requests for approval and accompanying certifications required by thissection shall be submitted in such form as prescribed by the Commissioner.The Commissioner may, by regulation, establish a reasonable fee sufficient todefray the costs of processing requests for approval. Approvals grantedpursuant to this section shall not be transferred without the writtenauthorization of the Commissioner.
E. C. ariakensis oysters that are placed on state-owned bottomlands inviolation of this section shall, upon written order of the Commissioner, beremoved immediately by the person responsible for their placement. Shouldsuch person be unwilling or unable to remove them, the Commissioner shallhave the oysters removed and may recover the costs thereof from the personresponsible for their placement.
F. The provisions of Title 28.2 shall apply to C. ariakensis oysters grown onstate-owned bottomlands except as otherwise provided in this section.
G. Not more than 60 and not less than 30 days before the Commissionercommences the exercise of his authority to allow placement of C. ariakensison state-owned bottomland, the Commission shall hold at least one publichearing for the purpose of receiving data, views and argument concerning theplacement of C. ariakensis in state waters. Not more than 60 and not lessthan 30 days before the Commissioner commences the exercise of his authorityto allow placement of diploid or fertile C. ariakensis on state-ownedbottomland, the Commission shall hold at least one public hearing for thepurpose of receiving data, views and argument concerning the placement ofdiploid or fertile C. ariakensis in state waters.
A. The Commissioner, after consultation with the Director of the VirginiaInstitute of Marine Science and the Fisheries Management Division of theCommission, and subject to the provisions of this section, may authorize, inwriting, the placement of oysters of the species Crassostrea ariakensis onstate-owned bottomlands as described in § 28.2-600 or 28.2-603.
B. The Commissioner's authorization for placement of C. ariakensis onstate-owned bottomlands pursuant to this section shall be conditioned upon,and subject to, compliance with the following requirements:
1. All nonnative oysters placed on state-owned bottomlands pursuant to thissection shall be placed within the bounds of sites established by survey andspecifically designated and approved by the Commissioner for the placement ofC. ariakensis. Before approving any site for the placement of C. ariakensis,the Commissioner shall determine that such use of the site shall not conflictwith Virginia's native oyster restoration program. The Commissioner shall notapprove any submerged aquatic vegetation site designated pursuant to §28.2-1204.1 for the placement of C. ariakensis. Sites designated and approvedfor the placement of C. ariakensis shall be marked as provided in § 28.2-517or as otherwise specified by the Commissioner in granting the authorization.
2. C. ariakensis oysters placed on state-owned bottomlands pursuant to thissection shall not be relayed or transferred to other state-owned bottomlandsexcept in compliance with this section.
3. C. ariakensis oysters placed on state-owned bottomlands pursuant to thissection shall originate at a hatchery located in the Chesapeake Bay regionand be certified by the Virginia Institute of Marine Science to be currentlyin compliance with applicable protocols established by the InternationalCouncil for the Exploration of the Sea. Documentation of compliance with thisrequirement shall be submitted to the Commissioner prior to the placement ofsuch oysters on state-owned bottomlands pursuant to this section.
4. C. ariakensis oysters placed in state-owned bottomlands pursuant to thissection prior to July 1, 2007, or the completion of the Environmental ImpactStatement under preparation by the U.S. Army Corps of Engineers and sponsoredby Maryland and Virginia concerning the introduction of nonnative oysters,whichever is sooner, shall be rendered incapable of reproduction by a methodthat has been determined by the Virginia Institute of Marine Science asreliably producing not more than one diploid oyster per 1,000 of triploidoysters produced, and shall be deployed in a manner determined by theVirginia Institute of Marine Science to protect against inadvertentfertilization. On and after July 1, 2007, or the completion of theEnvironmental Impact Statement under preparation by the U.S. Army Corps ofEngineers and sponsored by Maryland and Virginia concerning the introductionof nonnative oysters, whichever is sooner, the Commissioner, with theconcurrence of the Director of the Virginia Institute of Marine Science, mayauthorize the placement of diploid or fertile C. ariakensis oysters onstate-owned bottomlands.
C. At the request of any person authorized by the Commissioner to place C.ariakensis oysters on state-owned bottomlands, the Commissioner may directthat placement of the oysters be undertaken by or under the direction of theCommission provided that the requestor agrees to reimburse the Commission forall direct costs of such placement and provides a bond, escrow, or otherfinancial assurance for payment of such costs in a form and amountsatisfactory to the Commissioner.
D. Requests for approval and accompanying certifications required by thissection shall be submitted in such form as prescribed by the Commissioner.The Commissioner may, by regulation, establish a reasonable fee sufficient todefray the costs of processing requests for approval. Approvals grantedpursuant to this section shall not be transferred without the writtenauthorization of the Commissioner.
E. C. ariakensis oysters that are placed on state-owned bottomlands inviolation of this section shall, upon written order of the Commissioner, beremoved immediately by the person responsible for their placement. Shouldsuch person be unwilling or unable to remove them, the Commissioner shallhave the oysters removed and may recover the costs thereof from the personresponsible for their placement.
F. The provisions of Title 28.2 shall apply to C. ariakensis oysters grown onstate-owned bottomlands except as otherwise provided in this section.
G. Not more than 60 and not less than 30 days before the Commissionercommences the exercise of his authority to allow placement of C. ariakensison state-owned bottomland, the Commission shall hold at least one publichearing for the purpose of receiving data, views and argument concerning theplacement of C. ariakensis in state waters. Not more than 60 and not lessthan 30 days before the Commissioner commences the exercise of his authorityto allow placement of diploid or fertile C. ariakensis on state-ownedbottomland, the Commission shall hold at least one public hearing for thepurpose of receiving data, views and argument concerning the placement ofdiploid or fertile C. ariakensis in state waters.
