A. This chapter is promulgated pursuant to authority contained in §§ 28.1-23 [Repealed] and 28.1-85 [Repealed] of the Code of Virginia.

B. Other chapters. This chapter modifies Regulation 450-01-0035 adopted March 9, 1987, which established the 3-inch cull size for all clean cull areas. No other part of the chapter shall be affected, except as specified in this chapter.

C. The effective date of this order is November 6, 1987.

This chapter is promulgated in response to a request from the oyster industry that the minimum size be changed from three inches to 2-1/2 inches for oysters harvested from Russ Rock, Rappahannock River. Past harvesting of oysters from this oyster rock has shown a definite characteristic of oysters taken from this area which is that they only grow-out to 2-1/2 inches. This action is also vital and timely because of the high death rate in other areas of the state due to the oyster diseases, MSX and Dermo, which has caused a shortage in the supply of market size oysters.

The minimum size limit for oysters harvested from Russ Rock, Rappahannock River shall be 2-½ inches.

This chapter affects the area known as Russ Rock in the Upper Rappahannock River area.

In accordance with § 28.1-23 [Repealed] of the Code of Virginia, any person who violates any chapter adopted and promulgated by the commission shall be guilty of a Class 1 misdemeanor.