REGULATION: PERTAINING TO ESTABLISHMENT OF RESTRICTED AREA - MARITIME ADMINISTRATION JAMES RIVER RESERVE FLEET

VIRGINIA MARINE RESOURCES COMMISSION
"PERTAINING TO ESTABLISHMENT OF RESTRICTED AREA - MARITIME ADMINISTRATION JAMES RIVER RESERVE FLEET"
CHAPTER 4 VAC 20-1320-10 ET SEQ.

PREAMBLE

This regulation establishes a restricted area, within the James River, at the Maritime Administration James River Reserve Fleet, Fort Eustis, Virginia. This chapter is promulgated pursuant to the authority contained in §28.2-201 of the Code of Virginia. This regulation was adopted on June 28, 2016. The effective date of this regulation is June 30, 2016.

4 VAC 20-1320-10. PURPOSE.

The purpose of this regulation is to enhance the physical security of the James River Reserve Fleet as part of a comprehensive plan to protect the public, environment, and economic interests from sabotage and other subversive acts, accidents, or incidents of a similar nature.

This regulation delineates an area within an undefined area already designated by the Federal Government under Title 33, Chapter 1, Subchapter P, Part 162, (162.270 Restricted areas in vicinity of Maritime Administration Reserve Fleets) and provides the Virginia Marine Police the authority to enforce Virginia Law that prohibits entrance into prohibited restricted areas.

4 VAC 20-1320-20. DEFINITIONS.

The following words, when used in this regulation shall have the following meaning unless the context clearly indicates otherwise.

"Restricted Area" means those waters within an area beginning at latitude 37°08.4999992’ N, longitude 76°38.4799994’ W; thence to latitude 37°07.1885596’ N, longitude76°38.4395503 W; thence to latitude 37°06.9585351’ N, longitude 76°38.4331102’ W; thence to latitude 37°06.4202049’ N, longitude 76°38.4158624’ W; thence to latitude 37°06.1150372’ N, longitude 76°38.5271810’ W; thence to latitude 37°06.6400002’ N, longitude 76°39.1899998’ W; thence to latitude 37°07.8999983’ N; longitude 76°39.3400007’ W; thence to latitude 37°08.4999986’ N, longitude 76°38.6299996’ W; thence to latitude 37°08.4999992’ N, longitude 76°38.4799994’ W, being the point of beginning.

4VAC 20-1320-30. PROHIBITIONS.

No vessel or other watercraft, except those owned or controlled by the United States Government, or the Virginia Marine Police, shall cruise or anchor within the area as described in 4 VAC 20-1320-20, any closer than 500 feet of any Reserve Fleet unit(s), unless specific permission to do so has first been granted in each case by the Maritime Administration James River Reserve Fleet.

4 VAC 20-1320-40. PENALTY.

As set forth in §28.2-2-106.2 (D) of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class I Misdemeanor.

4 VAC 20-1320-50. DURATION OF REGULATION.

This regulation will remain in effect until the federal rule pertaining to this restricted area expires.

* * * * * * * * * *

This is to certify that the foregoing is a true and accurate copy of the chapter passed by the Marine Resources Commission, pursuant to authority vested in the Commission by §28.2-701 of the Code of Virginia, duly advertised according to statute, and recorded in the Commission minute book, at meeting held in Newport News, Virginia on June 28, 2016.

COMMONWEALTH OF VIRGINIA
MARINE RESOURCES COMMISSION

BY:___________________________
JOHN M. R. BULL
COMMISSIONER

Subscribed and sworn to before me this _______ day of July 2016.

______________________________ Notary Public

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