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PARRIS N. GLENDENING, Governor
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S.B. 195
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(2) "AERIAL SURVEY" MEANS THE ANNUAL AERIAL SURVEY COMPILED
BY THE VIRGINIA INSTITUTE OF MARINE SCIENCES FOR THE ANNUAL BAY-WIDE
SUBMERGED AQUATIC VEGETATION MAPPING PROGRAM.
(3) "SAV PROTECTION ZONE" MEANS AN AREA DELINEATED BY THE
DEPARTMENT FOR THE PROTECTION FROM UPROOTING AND THE RESTORATION OF
SUBMERGED AQUATIC VEGETATION.
(B) (1) IN 2004 AND EVERY 3 YEARS THEREAFTER, THE DEPARTMENT SHALL
UPDATE THE DELINEATIONS OF SAV PROTECTION ZONES THAT WERE COMPLETED IN
2001.
(2) THE UPDATED DELINEATIONS SHALL INCLUDE AREAS WHERE
SUBMERGED AQUATIC VEGETATION HAS BEEN MAPPED BY AERIAL SURVEYS
DURING AT LEAST 1 OF THE PREVIOUS 3 YEARS.
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
PREVIOUSLY DELINEATED SAV PROTECTION ZONE MAY BE OPENED TO THE USE OF
THE GEAR SET FORTH IN SUBSECTION (F) OF THIS SECTION DURING AN UPDATE IF:
(I) AERIAL SURVEYS HAVE NOT SHOWN ANY SUBMERGED
AQUATIC VEGETATION IN THE AREA DURING THE PAST 3 YEARS; OR
(II) AERIAL SURVEYS HAVE SHOWN THE DENSITY OF SUBMERGED
AQUATIC VEGETATION IN THAT AREA TO BE LESS THAN 10% DURING EACH OF THE
PAST 6 YEARS.
(2) THE AREAS IN THE VICINITY OF SMITH ISLAND, SOUTH MARSH
ISLAND, AND BLOODSWORTH ISLAND THAT WERE CLOSED TO HYDRAULIC CLAM
DREDGING IN THE 1999 DELINEATION SHALL BE CLOSED TO THE GEAR SET FORTH IN
SUBSECTION (F) OF THIS SECTION AND MAY NOT BE REOPENED.
(D) (1) TO THE EXTENT POSSIBLE, THE DEPARTMENT SHALL ADJUST SAV
PROTECTION ZONES SO THAT DELINEATIONS ARE GEOGRAPHICALLY MANAGEABLE,
UTILIZING STRAIGHT LINES AND EXISTING POINTS OF REFERENCE.
(2) (I) TO THE EXTENT POSSIBLE, AN ADJUSTMENT MADE IN
ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION SHALL RESULT IN NO NET
LOSS OR GAIN OF PROTECTED AREA.
(II) TO THE EXTENT POSSIBLE, TO PREVENT THE NET LOSS OR GAIN
OF PROTECTED AREA RESULTING FROM AN ADJUSTMENT MADE IN ACCORDANCE
WITH PARAGRAPH (1) OF THIS SUBSECTION, THE ADJUSTMENT MAY:
1. EXCLUDE SMALL AREAS OF VEGETATED BOTTOM; OR
2. INCLUDE SMALL AREAS OF UNVEGETATED BOTTOM.
(E) THE DEPARTMENT:
(1) MAY SHALL UTILIZE BUOYS AS NECESSARY OR OTHER VISIBLE
LANDMARKS AS APPROPRIATE TO MARK SAV PROTECTION ZONES;
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- 4431 -
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