reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 6 - Planting Grounds › § 28.2-648. Declaring certain ground in Mobjack Bay, in Gloucester and Mathews Counties, to be public oyster rocks, beds, and shoals

The following grounds in Mobjack Bay, Gloucester-Mathews Counties, contained within the following boundaries are declared to be public oyster rocks, beds, and shoals and unassignable to any person for private use, in the same manner and to the same extent as if the rocks, beds, and shoals had been within the original Baylor survey:
Beginning at the westmost corner of W. E. Belvin's 79.25 acre oyster ground lease, designated as corner No. 2 of said lease, said point of beginning also being the northmost corner of additional Public Ground area of 1928, Gloucester County (Deep Rock); thence in a northerly direction along the west side of the said Belvin lease to corner No. 1 of said lease, corner No. 1 also being the southmost corner of John Carr's 84.85 acre oyster ground lease; thence in a northwesterly direction along the southwest side of John R. Carr's 84.85 acre oyster ground lease to corner No. 1 of said oyster ground lease; thence in a general northeasterly direction along the northwest side of John R. Carr's oyster lease to corner No. 2 of said lease, said corner also being the westmost corner of W. E. Belvin's 27.71 acre oyster ground lease; thence in a northeasterly direction along the northwest side of W. E. Belvin's oyster ground lease to corner No. 10 of said lease; thence in a southeasterly direction along the northeast side of W. E. Belvin's oyster ground lease to corner No. 6 of said lease; thence in a northeasterly direction to the southwest side of Public Ground No. 2, Mathews County; thence in a northwesterly direction along the southwest side of Public Ground No. 2, Mathews County, to a point, said point being the intersection of an additional area of Public Clamming Grounds, Gloucester County, with Public Oyster Ground No. 2, Mathews County; thence in a southwest course along additional area of Public Clamming Grounds, Gloucester County; thence in a southwesterly direction along the edge of additional area of Public Clamming Grounds in Gloucester County to a point; thence in a southeasterly direction along the additional area of Public Clamming Grounds, Gloucester County, to the point of beginning.
Code 1950, § 28-204.6; 1958, c. 475; 1962, c. 406, § 28.1-158; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 6 - Planting Grounds › § 28.2-649. Acts which remain in force

The following acts of the General Assembly are continued in force:
Chapter 632 of the Acts of Assembly of 1901-1902, relating to the natural oyster rocks, beds, and shoals in Nomini and Currioman Bays, in the County of Westmoreland.
Chapter 294 of the Acts of Assembly of 1901-1902, declaring certain grounds in the James River, in the County of Isle of Wight, known as Day's Point Long Rock, to be a natural oyster bed, rock or shoal.
Chapter 319 of the Acts of Assembly of 1901, including Surry County within the oyster territory of the Commonwealth, etc.
Chapter 855 of the Acts of Assembly of 1895-1896, and Chapter 263 of the Acts of Assembly of 1897-1898, declaring certain portions of ground in York River to be natural oyster rocks.
Chapter 862 of the Acts of Assembly of 1897-1898, relating to the natural oyster rocks, beds, and shoals in York River in King and Queen County.
Chapter 279 of the Acts of Assembly of 1930, relating to certain natural oyster beds, rocks and shoals in Mathews County.
Code 1950, § 28-205; 1962, c. 406, § 28.1-159; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 6 - Planting Grounds › § 28.2-650. Dredging clams in polluted areas for replanting in public clamming grounds

The Commissioner may dredge clams or have the clams dredged in polluted areas for the purpose of replanting them in public clamming grounds.
Code 1950, § 28-179; 1962, c. 406, § 28.1-161; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 7 - Crabs › § 28.2-700. Definitions

As used in this chapter, unless the context requires a different meaning:
"Crab dredge" means a device, which may have teeth on the bar, that is designed and used to catch crabs buried in the bottom.
"Crab pot" means a device made of wire or thread net used to catch crabs.
"Peeler crab", until the Commission promulgates a different definition, means a crab that has a soft shell fully developed under the hard shell, or a crab on which there is a pink or white line or rim on the edge of that part of the back fin next to the outer section of this fin.
"Peeler pot" means a wire mesh pot baited with only live adult male (jimmy) blue crabs.
Code 1950, §§ 28-170, 28-173; 1954, c. 368; 1956, c. 293; 1960, c. 517; 1962, c. 406, §§ 28.1-165, 28.1-169; 1964, c. 393; 1966, c. 684; 1968, c. 785; 1970, c. 726; 1979, c. 274; 1983, cc. 307, 603, § 28.1-165.1; 1985, c. 180; 1990, c. 154; 1992, c. 836; 1995, c. 129; 1996, c. 229.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 7 - Crabs › § 28.2-701. Crab traps, crab pots and crab pounds; regulations; penalty

A. The Commission shall promulgate regulations governing the use, placement, and maintenance of crab traps and crab pounds.
B. The Commission may promulgate regulations establishing the mesh size of crab pots and peeler pots. The regulation may provide for the interchangeable use of the two types of pots, provided that each respective gear is appropriately marked and cull rings in conformance with Commission requirements are installed in each pot.
C. Any person convicted of violating any provision of a regulation promulgated under this section is guilty of a Class 3 misdemeanor.
1990, c. 446, § 28.1-173.3; 1992, c. 836; 1999, c. 550.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 7 - Crabs › § 28.2-702. Licenses to take crabs; shedding operations; amount of fee

Any person desiring to take or catch crabs for market or profit from the waters of this Commonwealth, or waters under its jurisdiction, or any person desiring to engage in the business of buying or marketing crabs for packing or canning crabs, shall pay to any officer the following fees or as such fees may be subsequently revised by the Commission pursuant to § 28.2-201:
1. For each person taking or catching crabs by dip nets, $8;
2. For ordinary trotlines, $8;
3. For patent trotlines, $31;
4. For up to 100 crab pots, $29;
5. For over 100 but not more than 300 crab pots, $48;
6. For over 300 but not more than 500 crab pots, $100;
7. For over 500 crab pots, $250;
8. For each boat used for taking or catching hard crabs with dredges, $58;
9. For each crab trap or crab pound, $5;
10. For each single-rigged crab-scrape boat, $16;
11. For each double-rigged crab-scrape boat, $32;
12. For up to 20 tanks and floats for shedding crabs, $7.50;
13. For more than 20 tanks or floats for shedding crabs, $15; and
14. For taking or catching peeler crabs using peeler pots, $29.
Code 1950, § 28-170; 1954, c. 368; 1956, c. 293; 1960, c. 517; 1962, c. 406, § 28.1-165; 1964, c. 393; 1966, c. 684; 1968, c. 785; 1970, c. 726; 1979, c. 274; 1983, cc. 307, 603; 1985, c. 180; 1990, c. 154; 1992, c. 836; 1993, c. 11; 2009, c. 9.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 7 - Crabs › § 28.2-703. License for certain assistants not required

During June through August, any person fifteen years of age or under may be an assistant to a boat operator catching blue crabs by crab pots without obtaining a license.
Code 1950, § 28-170; 1954, c. 368; 1956, c. 293; 1960, c. 517; 1962, c. 406, § 28.1-165; 1964, c. 393; 1966, c. 684; 1968, c. 785; 1970, c. 726; 1979, c. 274; 1983, cc. 307, 603; 1985, c. 180; 1990, c. 154; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 7 - Crabs › § 28.2-704. Sale of crabbing licenses

The Commission may require the purchase of licenses before each crab season begins. It may set time periods for the sale of licenses for taking crabs in order to determine the appropriateness of instituting seasonal conservation measures and may grant extensions to individual applicants when it finds exceptional circumstances exist.
1985, c. 165, § 28.1-172.1; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 7 - Crabs › § 28.2-705. License restrictions; exemption; penalty

A. It is unlawful to:
1. Take crabs with a rake which is pulled or pushed by a boat;
2. Use a crab pot which has a mesh less than 1 1/2 inches, unless a different mesh size is promulgated pursuant to subsection B of § 28.2-701;
3. Place food, except as may be provided for in regulations of the Commission, for adult male (jimmy) crabs in a peeler pot. A peeler pot is exempt from mesh size limitations, unless a peeler pot mesh size is promulgated pursuant to subsection B of § 28.2-701;
4. Use a boat when buying crabs which is also used to take or catch hard crabs with dredges, when the Commission has limited the taking of crabs under § 28.2-713.
B. Any person who violates any provision of this section is guilty of a Class 3 misdemeanor.
Code 1950, § 28-170; 1954, c. 368; 1956, c. 293; 1960, c. 517; 1962, c. 406, § 28.1-165; 1964, c. 393; 1966, c. 684; 1968, c. 785; 1970, c. 726; 1979, c. 274; 1983, cc. 307, 603; 1985, c. 180; 1990, c. 154; 1992, c. 836; 1995, c. 129; 1998, c. 88; 1999, c. 550.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 7 - Crabs › § 28.2-706. Restrictions on crab scraping; penalty

It is unlawful for any person to:
1. Use a crab scrape having a mouth longer than four feet and a toothed bar;
2. Haul a scrape, except by hand; or
3. Have more than two scrapes overboard.
A violation of any provision of this section is a Class 3 misdemeanor.
1983, c. 603, § 28.1-165.1; 1987, cc. 90, 159; 1992, c. 836; 2018, c. 115.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 7 - Crabs › § 28.2-707. Restrictions on crab dredging; penalty

A. It is unlawful for any boat licensed to dredge crabs to use more than two dredges at any time when dredging for crabs. Such boat may use only one dredge on each side of the boat or join two dredges together for use over the stern of the boat. The size of dredges shall not exceed limits established by the Commission. The Commission is authorized to promulgate regulations limiting the size of dredges.
B. It is unlawful to dislodge crabs from the bottom with a crab dredge using hydraulic methods.
C. It is unlawful to use a crab dredge on Saturday.
D. It is unlawful to use a dredge for catching crabs between April 1 and December 1; however, the Commission, when in its judgment it is advisable due to weather conditions or for purposes relating to the conservation of the blue crab and it is not contrary to the public interest, may close a season in its entirety, may open any season as early as November 16, may delay opening any season, may extend any season until April 16 and may close any season early.
E. It is unlawful to use dredges to take crabs in any of the rivers, or their estuaries, inlets, or creeks, except on the ocean side of Accomack and Northampton Counties.
Any person who violates any provision of this section is guilty of a Class 3 misdemeanor.
Code 1950, § 28-171; 1960, c. 517; 1962, c. 406, § 28.1-166; 1981, c. 52; 1983, c. 603, § 28.1-165.1; 1992, cc. 122, 836; 1994, c. 492; 1996, c. 433.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 7 - Crabs › § 28.2-708. Limitations on sizes of crabs to be taken; inspection of catch; exemption; penalty

A. It is unlawful for any person to catch, take or have in his possession more than ten hard crabs per United States standard bushel or thirty-five hard crabs per barrel, which measure less than five inches across the shell from tip to tip of the longest spikes, or to destroy them in any manner. Those undersized crabs in excess of the allowance level shall be immediately returned to the water alive. Adult female crabs, peeler crabs and soft crabs are exempt from these limitations.
B. Any officer may grade or cull any number of barrels, baskets or containers of crabs in any person's possession.
If the officer finds more than ten undersize hard crabs per United States standard bushel or thirty-five per barrel, he shall seize the entire quantity of crabs in or from each such container, and the person who possessed the crabs shall immediately return them to the water. Refusal to return the crabs to the water is a separate offense from any other violation.
C. The requirement in subsections A and B to return crabs to the waters shall apply to crabs taken and in possession of a crabber or catcher but shall not apply to crabs which have been purchased by and are in the possession of a buyer, nor shall it apply to crabs which have been transported at least five miles from the nearest salt water.
D. The Commission may change such size restrictions for a period not to exceed sixty days to respond to significant ecological changes.
E. A violation of this section is a Class 3 misdemeanor.
Code 1950, § 28-172; 1960, c. 517; 1962, c. 406, § 28.1-167; 1966, c. 684; 1970, cc. 610, 726; 1977, c. 35; 1978, c. 369; 1981, c. 52; 1985, c. 166; 1992, c. 836; 1996, cc. 136, 333.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 7 - Crabs › § 28.2-709. Closed season for taking crabs in certain area; penalty

It is unlawful for any person to take or catch crabs for resale from the following area except during those periods established pursuant to regulations adopted by the Commission. Ownership of a current license to take or catch crabs shall be prima facie evidence that such taking or catching of crabs was for resale. The limits of the area are defined as follows:
Beginning at the point of origin of the center line of the Hampton Roads Bridge Tunnel facility where such facility commences in the City of Norfolk, Virginia, and following the shoreline in a general easterly direction, and also extending 200' out from the mean low-water mark of such shoreline into the Chesapeake Bay, to Ocean View Fishing Pier, and thence in a general northerly direction to Thimble Shoal Lighthouse; thence running in approximately a northeasterly direction to Cape Charles Lighthouse, located on Smiths Island; and thence in approximately a southwestern direction to Cape Henry Lighthouse, and bounded by the shoreline; and thence following the shoreline in a general westerly direction back to the point of beginning.
A violation of this section is a Class 3 misdemeanor.
Code 1950, § 28-174; 1962, c. 406, § 28.1-170; 1977, c. 262; 1978, cc. 107, 278; 1979, c. 128; 1992, c. 836; 2009, c. 170; 2011, c. 217.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 7 - Crabs › § 28.2-710. Unlawful to place crab, eel, or fish pots in certain channels; penalty

It is unlawful to place or maintain any crab, eel, or fish pot in a navigable channel which has navigation aids installed or approved by any agency of the United States government or in any portion of a government marked channel of a river, bay, estuary, creek or inlet. The owner or user of any crab, eel, or fish pot who has located such pot in accordance with this section shall be relieved of civil liability for any damages resulting from the location of such pot.
A violation of this section is a Class 3 misdemeanor.
1968, c. 785, § 28.1-173.1; 1981, c. 23; 1990, c. 493; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 7 - Crabs › § 28.2-711. Crab pots; unlawful activities; penalty

It is unlawful to knowingly place, set, or leave any crab pot in any of the tidal tributaries of the Commonwealth between January 1 and January 31. The Commission may change the time period during which such activities are prohibited. Proof that any crab pot was located in any such tributary during the prohibition period constitutes a rebuttable presumption that such pot was knowingly placed, set, or left in that location.
A violation of this section is a Class 4 misdemeanor.
1988, c. 315, § 28.1-173.1:1; 1989, c. 431; 1992, cc. 202, 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 7 - Crabs › § 28.2-712. Identification of crab pots and eel pots; penalty

On and after January 1, 1993, any person owning or using a crab pot or eel pot, for whom a license is required by this subtitle, shall display and maintain an identification number, issued by the Commissioner, on the float or stake attached to each such crab pot or eel pot, in a legible and visible manner and in figures of not less than one inch in height. The identification of the owner of such crab pot or eel pot by the number above described shall not result in liability on its owner for its location so long as the crab pot or eel pot is placed in the waters of this Commonwealth in compliance with Virginia law.
A violation of this section is a Class 1 misdemeanor.
1968, c. 750, § 28.1-173.2; 1992, cc. 235, 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 7 - Crabs › § 28.2-713. Limiting the taking of crabs by one boat in one day; penalty

Whenever the interest of conservation or the crabbing industry requires, the Commission may limit the taking or catching of crabs by one boat in one day. Violation of such a regulation is a Class 1 misdemeanor.
Possession of crabs in excess of the amount provided by such regulation shall be prima facie evidence of violation; however, the provisions of this section shall not apply to crab buy boats.
Code 1950, § 28-172.1; 1956, c. 357; 1958, c. 449; 1962, c. 406, § 28.1-168; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-800. Definitions

As used in this chapter, unless the context requires a different meaning:
"Crustacea" means all edible species of crab, lobster and shrimp, whether raw or processed.
"Depuration" means the process that uses a controlled aquatic environment to reduce the level of bacteria or viruses in live shellfish.
"Establishment" means any vehicle, vessel, property or premises where crustacea, finfish or shellfish are transported, held, stored, processed, packed, repacked, or pasteurized in preparation for marketing.
"Finfish" means any cold-blooded, strictly aquatic, water-breathing craniate vertebrate with fins, including cyclostomes, elasmobranchs and higher-gilled aquatic vertebrates with cartilaginous or bony skeletons or any parts thereof.
"Relay" means to move shellfish for the purpose of natural purification from water which is not approved to water which is approved or conditionally approved by the State Health Commissioner.
"Shellfish" means all species within the phylum Mollusca including but not limited to oysters, clams, mussels, scallops, conchs and whelks, whether raw or processed.
1979, c. 714, § 28.1-175.1; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-801. Authority to promulgate regulations; enforcement

A. The State Health Commissioner and the Commissioner of Marine Resources shall enforce the provisions of this chapter and regulations promulgated thereunder.
B. The State Board of Health and the Marine Resources Commission may promulgate regulations necessary to carry out the provisions of this chapter.
C. The Marine Resources Commission, whenever it determines that an emergency exists, may promulgate regulations which relate to shellfish in condemned areas, in order to protect the health of the public, without complying with the requirements of §§ 28.2-209 and 28.2-210. Such regulations shall become effective upon their passage by the Marine Resources Commission. These regulations shall be enforced by revoking any permits which may have been issued.
Code 1950, §§ 28-162.1, 28-168; 1960, c. 517; 1962, c. 406, §§ 28.1-179, 28.1-180; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-802. Powers of officers charged with enforcement; entry to establishment; seizure; destruction

A. For the purpose of carrying out the provisions of this chapter, the State Health Commissioner and the Commissioner of Marine Resources or their designees may enter any establishment located in the Commonwealth, where crustacea or shellfish may be found, and if it appears that any provision of this chapter has been violated, may, with or without a warrant, arrest any person who is or has been, or is believed to be or have been, in charge of the crustacea or shellfish and may seize, in the name of the Commonwealth, and take possession of such crustacea or shellfish.
B. The State Health Commissioner and the Commissioner of Marine Resources, or their designees, may seize and take possession of any boat, vessel, barge, car, motor vehicle or other conveyance used in violation of any provision of this chapter. Such boat, vessel, barge, car, motor vehicle or other conveyance may be held only until the accused has been admitted to bail as provided by Chapter 9 (§ 19.2-119 et seq.) of Title 19.2 or has been served with and released on summons.
C. When any crustacea or shellfish of an accused are seized pursuant to the provisions of this section, they may be destroyed at the discretion of the State Health Commissioner, the Commissioner of Marine Resources or their designees. If the accused is acquitted of the charges, he shall be compensated for their value, based on the average selling price on the day of seizure.
Code 1950, § 28-166; 1962, c. 406, § 28.1-183; 1966, c. 684; 1989, c. 2; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-803. Examination, analysis and inspection

A. The State Health Commissioner may in his discretion, or shall at the request of the Governor, the Marine Resources Commission, or the Commissioner of Marine Resources, conduct an examination or analysis of crustacea, finfish and shellfish, whether on the planting grounds, in an establishment, or in any other place in this Commonwealth, from which the products are to be taken or sold for food purposes.
B. The State Health Commissioner in making such examination may analyze the water and bottom sediment in and adjacent to the crustacea, finfish, or shellfish growing areas for evidence of pollution, and he may survey the sanitary conditions and pollution hazards adjacent to shellfish growing areas, both in the water and on shore.
C. The State Health Commissioner in conducting his analysis shall examine the establishments in which crustacea, finfish and shellfish are handled and the sanitary conditions surrounding the establishment. At that time, he may analyze the crustacea, finfish and shellfish in the establishment.
Code 1950, § 28-159; 1962, c. 406, § 28.1-175; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-804. Polluted ground; crustacea, finfish or shellfish

When the State Health Commissioner determines, as a result of an examination, analysis or inspection, that (i) the crustacea, finfish, or shellfish upon such ground, or in such establishment or other places where they are sold or offered for sale, are or may be unfit for market; or (ii) such growing area is polluted or has a pollution hazard so great as to render it an unfit ground from which to take crustacea, finfish or shellfish for processing or consumption; or (iii) such establishment or other place is so insanitary as to render it an unfit place in which to prepare crustacea, finfish or shellfish for market, he shall notify the Commissioner of Marine Resources and the owner or operator of such grounds, establishment or other place that the crustacea, finfish or shellfish are unfit for market.
Code 1950, § 28-160; 1962, c. 406, § 28.1-176; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-805. Notice to cease activity

Upon receipt of such notice, the owner or operator of such grounds, establishment, or other place shall cease to take crustacea, finfish, or shellfish from such ground, except as is hereinafter provided, and shall cease to prepare for market, or to sell or offer for sale, or to dispose of crustacea, finfish, or shellfish in such establishments or other places until the cause for such notice has been removed or relieved to the satisfaction of the State Health Commissioner.
Code 1950, § 28-160; 1962, c. 406, § 28.1-176; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-806. State Health Commissioner to establish standards

The State Health Commissioner may establish and change standards, examinations, analyses and inspections which control the taking and marketing from a health standpoint, of crustacea, finfish or shellfish. He shall be the sole judge of whether or not such crustacea, finfish or shellfish are sanitary and fit for market.
Code 1950, § 28-160; 1962, c. 406, § 28.1-176; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-807. Condemnation of polluted growing area; procedure

If, after examination of the crustacea, finfish or shellfish in a growing area, or the bottom in or adjacent to such area, or the water over such area, or the sanitary or pollution conditions adjacent to or in near proximity to a growing area, the State Health Commissioner determines that the crustacea, finfish or shellfish are unfit for market, he shall, after notifying the Commissioner of Marine Resources, establish boundaries of the area in which the crustacea, finfish or shellfish are located or planted. This area shall be condemned and remain so until the Health Commissioner finds such crustacea, finfish or shellfish, or area, sanitary and not polluted. The Commissioner of Marine Resources, with instructions from the State Health Commissioner, shall provide to the public identification of designated condemned areas. Public identification of designated condemned areas shall be by the use of markers, signs, downloadable maps, or digital interactive online maps. When used, markers or signs shall be supplied to the Commissioner of Marine Resources by the State Health Commissioner.
Code 1950, § 28-161; 1962, c. 406, § 28.1-177; 1979, c. 714; 1992, c. 836; 2020, c. 292.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-808. Periods of condemnation

A crustacea, finfish or shellfish growing area and the crustacea, finfish or shellfish, located thereon may be condemned for the following periods:
1. For an indefinite period, based upon water quality and sources of pollution.
2. Seasonally, where recreation or certain other activities in or adjacent to the area may cause pollution of the growing area during certain seasons of the year.
3. Conditionally, for finite periods of time, based on predictable pollution events. Such conditionally condemned areas may be closed by the State Health Commissioner without advance notice or a prior hearing, provided that a hearing is held within thirty days after the area is condemned, unless it is reopened within this period.
Areas not condemned are in effect approved.
Code 1950, § 28-161; 1962, c. 406, § 28.1-177; 1979, c. 714; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-809. Emergency closing of ground

The State Health Commissioner may close any crustacea, finfish or shellfish growing area without a hearing or an investigation, if he has substantial evidence or information that such area is polluted or likely to be polluted. In such event, the State Health Commissioner shall, within thirty days after such closure or declaration, either reopen the area or make the examination, inspection, and analysis provided for in §§ 28.2-803 through 28.2-808. If such grounds or area is not reopened or declared not polluted within thirty days after closure or declaration of pollution, any leaseholder in the growing area may demand and have a public hearing as to the conditions of the ground or area.
Code 1950, § 28-162; 1962, c. 406, § 28.1-178; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-810. Removal, transportation, etc., from polluted ground; penalty

A. It is unlawful for any person to take, catch, transport, sell, offer for sale, remove, receive, keep or store shellfish from condemned areas, or relay shellfish taken from such areas, until the Commissioner of Marine Resources or his designee has issued a special permit. The permittee shall carry the permit when engaged in such operation.
B. It is unlawful for any person to take or remove shellfish from private grounds in condemned areas without written authority in his possession from the owner or lessee, in addition to the permit required by subsection A of this section.
C. It is unlawful for any person to transport, relay, or move shellfish from condemned areas after sunset or before sunrise, except by motor vehicle properly sealed as required by § 28.2-812. It is unlawful to mix clean shellfish and shellfish from condemned areas in the same cargo.
Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-811. Permits for transporting, relaying or depurating; revocation

A. Permits for transporting and relaying shall only be issued to (i) persons that catch shellfish from condemned areas and that want to move such shellfish to an approved area and (ii) those persons who buy shellfish from condemned areas from the catcher and who transport or relay the shellfish to approved grounds. Permits for transporting shellfish for depuration in a facility approved by the State Health Commissioner shall be issued only to persons who purchase from the catcher or catch shellfish taken from certain condemned areas identified by the State Health Commissioner.
B. Upon evidence of a permit holder offering for sale and not planting shellfish from condemned areas, the Commissioner of Marine Resources shall promptly revoke all permits held by such person.
C. The special permit, after having been issued, may be revoked at any time by the Commissioner of Marine Resources, when in his judgment, it is in the best interest of the industry. Any person having his permit revoked may demand a hearing before the Marine Resources Commission at its next scheduled meeting.
Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-812. Sealing motor vehicles used in transporting

Permits shall not be issued to any motor vehicle transporting or relaying shellfish from condemned areas unless the motor vehicle has an enclosed body with doors which can be sealed by an officer. An officer may refuse to issue such a permit if he determines the motor vehicle cannot be properly sealed.
If shellfish from condemned areas are to be transported for depuration or relaying by a motor vehicle, an officer shall seal the body of the motor vehicle before departure. It is unlawful for the seal to be broken by anyone except an officer at the location where the cargo is to be discharged for relaying or depuration. After the seal has been broken, an officer shall supervise the relaying of the shellfish from the motor vehicle to the approved area or the unloading of the motor vehicle at the depuration facility.
Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-813. Maintenance of records

Any person holding a valid permit to remove, transport, relay, or transport for depuration shellfish from condemned areas shall keep accurate records and submit monthly reports to the Commissioner of Marine Resources. The reports shall include the following information: (i) the areas from which the shellfish were removed; (ii) the areas to which the shellfish were relayed; (iii) the name of the depuration facility to which the shellfish were delivered; (iv) the dates of the removal, delivery to the depuration facility or relaying; (v) the number of bushels or number by count of shellfish removed, delivered for depuration or relayed; (vi) the name of the permit holder; (vii) the name and address of each person employed and engaged in the operation; (viii) the names or numbers of the boats; and (ix) the license numbers of the motor vehicles used in the operation.
Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-814. Submission of reports

During any month covered by permit in which no removal, relaying or depuration activity occurs, a report shall be submitted to the Commissioner of Marine Resources indicating that no shellfish were removed, relayed or depurated. It shall be the responsibility of the permit holder to keep accurate records and make reports of the removal, relaying or depuration, to the Commissioner of Marine Resources on or before the tenth day of the month following the month of operation. The permit shall set out the expiration date.
Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-815. Application for special permit

Application for the special permit provided for in §§ 28.2-810 and 28.2-811 shall be made on forms provided by the Commissioner of Marine Resources before the removal, transportation or relaying of shellfish from condemned areas. This permit shall not be transferable.
Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-816. Supervision of removal, relaying or depuration; seasons established

A. Shellfish removal or relaying from condemned areas shall be under the supervision of the Commissioner of Marine Resources and the State Health Commissioner.
B. The season for the removal or relaying of shellfish shall be:
1. April 1 to November 1 from private grounds.
2. May 1 to August 15 from public grounds.
The dates for the opening and closing of seasons may be changed by the Marine Resources Commission, and the Marine Resources Commission may refuse to grant permits for removal of shellfish from condemned areas of the waters of the Commonwealth.
C. The Marine Resources Commission, after consultation with the Department of Health, shall establish the season for removal of shellfish for depuration from certain condemned areas designated by the State Health Commissioner.
Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-817. Displaying identification when transporting shellfish

Any conveyance engaged in transporting shellfish which have been caught within condemned areas for relaying or depuration to another area, or depuration facility where they may be cleansed and made fit for market, shall display a yellow flag of not less than thirty inches in length and eighteen inches in width before any shellfish are placed thereon. The flag shall be displayed during the entire relaying and transporting operation.
Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-818. Identification of relay areas

Officers and employees of the Department of Health shall examine the area to which shellfish from condemned areas are relayed and ensure that adequate and proper corner stakes or buoys have been put in place by the lessee before a permit is issued to transport to or plant the area. When shellfish from condemned grounds are relayed onto approved grounds, a twenty-five-foot open area shall be maintained between each bed. Each corner stake or buoy shall be marked by a yellow flag or bunting of not less than fifteen inches by fifteen inches, and the marking shall remain until a special permit to remove the shellfish for sale or shipment has been obtained from the State Health Commissioner.
Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-819. Movement and unloading of shellfish from condemned area

A. It shall be unlawful for any person to discharge, or cause to be discharged, any part of the shellfish from any conveyance engaged in transporting shellfish from condemned areas at any place other than to approved areas for cleansing. Shellfish removed from condemned areas shall be taken directly to (i) the approved planting ground, (ii) conveyances holding a proper permit for relaying to cleansing areas designated in the permit or (iii) a depuration facility approved by the State Health Commissioner.
B. The loading and unloading, ashore, of shellfish taken from condemned areas shall only be at locations designated by the Marine Resources Commission. In the instance of an emergency unloading of any conveyance engaged in transporting shellfish from a condemned area, the Marine Resources Commission shall be notified immediately and disposition of the cargo shall be made under the supervision of an officer.
Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-820. Harvesting, transporting, handling or transplanting of seed-stock shellfish

The Commission shall promulgate regulations for the harvesting, transporting, handling and transplanting of wild and cultured seed-stock shellfish from condemned areas. The Commission shall consider limitations based on the size of seed-stock shellfish that may be harvested, methods of handling, controls on the methods of transportation, and restrictions on the transplanting process necessary to protect the health of the public. The Commission shall consult with the State Health Commissioner prior to the adoption of any such regulation.
Code 1950, § 28-162.1; 1960, c. 517; 1962, c. 406, § 28.1-179; 1966, c. 684; 1968, c. 745; 1979, c. 274; 1981, c. 52; 1986, c. 184; 1988, c. 600; 1992, c. 836; 2001, c. 103.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-821. Violations; penalty

A. It is unlawful for any person to have in his possession, to store, to sell, or to offer for sale any shellfish which have been removed or taken from a condemned area other than as provided in § 28.2-810. Any person who violates this section or any provision of this chapter is guilty of a Class 1 misdemeanor.
B. Upon conviction of violating any provision of this chapter any boat, vessel, motor vehicle or equipment used in committing the violation may be forfeited as provided by Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2.
Code 1950, § 28-165; 1962, c. 406, § 28.1-181; 1992, c. 836; 2012, cc. 283, 756.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-822. Suspension or revocation of licenses

The Commissioner of Marine Resources may immediately suspend any licenses of any license holder who has committed more than one violation of this chapter. The suspension shall be effective until the day following the next meeting of the Commission to take place after ten days' notice to such person. The Commissioner, at the request of the person, shall, within forty-eight hours, provide an opportunity for him to show why the suspension is unjust, and for good cause shown the Commissioner shall vacate such suspension. No person whose license is suspended pursuant to this section shall engage in any fishery.
1989, c. 2, § 28.1-36.01; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-823. Certification of shellfish from outside the Commonwealth

All shellfish in the shell imported or transported into Virginia for processing or consumption within the Commonwealth shall have a certificate from the appropriate agency of the state of origin that the shellfish came from clean, approved areas of water of that state. Shellfish which are not accompanied by such certificate are deemed to have come from polluted waters; shall not be sold or processed for consumption within Virginia; and shall be replanted in compliance with the provisions of this chapter, destroyed or returned to the state of origin.
1962, c. 406, § 28.1-182; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-824. Common carriers

Common carriers transporting seafoods designated in this chapter shall carry a bill of lading listing the seafood cargo, the shipper and the consignee. If such cargo is in violation of any of the provisions of this chapter or regulations promulgated thereunder, it shall be taken possession of as provided in § 28.2-802, the shipper shall be held liable and the common carrier shall be relieved of the violations and penalties set forth in this chapter.
1962, c. 406, § 28.1-183.1; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 8 - Health and Sanitation Provisions › § 28.2-825. Importing fish, shellfish or crustacea for introduction into waters of the Commonwealth; penalty

A. It shall be unlawful for any person to import any fish, shellfish or crustacea into the Commonwealth with the intent of placing such fish, shellfish or crustacea into the waters of the Commonwealth unless one of the following conditions exists:
1. The fish, shellfish or crustacea are coming from within the continental United States from a state or waters which are on the Marine Resources Commission's list of approved states and waters, and are species which are on the Marine Resources Commission's list of approved species; or
2. The person has notified the Commissioner of Marine Resources of such intent and has received written permission from the Commissioner of Marine Resources.
The list of approved states and waters shall be published by the Commissioner of Marine Resources, and a state or water shall be placed on or removed from such list only with the concurrence of the Director of the Virginia Institute of Marine Science. The Commissioner of Marine Resources, with the concurrence of the Director of the Virginia Institute of Marine Science, is authorized to change the list when he determines that it is necessary for the protection of the waters of the Commonwealth.
The list of approved species shall be published by the Commissioner of Marine Resources, and a species shall be placed on or removed from such list only with the concurrence of the Director of the Virginia Institute of Marine Science. The Commissioner of Marine Resources, with the concurrence of the Director of the Virginia Institute of Marine Science, is authorized to change the list when he determines that it is necessary for the protection of the waters of the Commonwealth.
B. The notification of intent to import shall be in writing and submitted to the Commissioner of Marine Resources at least thirty days prior to the date of importation. The notice shall state: (i) the specific fish, shellfish or crustacea to be imported, (ii) from what waters the fish, shellfish or crustacea are being taken, (iii) the period of time over which importation is to be accomplished, (iv) the quantities involved, and (v) into what waters the fish, shellfish or crustacea are to be placed.
A violation of this section is a Class 1 misdemeanor.
1974, c. 327, § 28.1-183.2; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 9 - Enforcement of Subtitle II; Jurisdiction › § 28.2-900. Arrest with or without warrant; larceny; violations of boating laws and Title 62.1

A. Officers may, with or without warrant, (i) arrest any person violating any provision of this subtitle, (ii) seize any net, pot, or other fishing device or gear used in violating such laws and (iii) seize fish, shellfish or marine organisms taken or handled in violation of this subtitle. Each seized property shall be forfeited to the Commonwealth. The forfeiture shall be enforced as provided in Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2. The officer seizing the property to be forfeited shall immediately give notice to the attorney for the Commonwealth.
B. All officers may arrest, with or without a warrant, any person who commits in his presence (i) any larceny committed upon or adjacent to the waters of the Commonwealth, (ii) any violation of the provisions of Chapter 7 of Title 29.1, or any regulations promulgated thereunder, or (iii) any violation of the provisions of Chapter 18 (§ 62.1-187 et seq.) or 20 (§ 62.1-194 et seq.) of Title 62.1.
Code 1950, §§ 28-206, 28-208; 1962, c. 406, § 28.1-185; 1980, c. 567, § 28.1-185.1; 1981, c. 525; 1987, c. 84; 1992, c. 836; 2012, cc. 283, 756.