reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-305. Size of mesh and length and depth of certain nets; penalty

A. It is unlawful for any person to use the following nets:
1. A pound net or a mullet gill net that is less than 200 yards long having a smaller mesh than two inches, stretched measure, after having been tarred;
2. A haul seine longer than 1,000 yards and if over 200 yards long having mesh less than three inches, stretched measure; however, the mesh of up to 400 feet of the net shall be no less than two and one-half inches, stretched measure, when the haul seine is set from the beach whereby one end of the net is anchored to the shore and the other end is mechanically drawn, without the aid of a boat or vessel, to the shore; or
3. A mullet gill net deeper than 40 meshes.
B. It is unlawful to set a pound net or other fixed fishing device on an established and presently used haul seine area, except that this provision shall not affect a pound net stand presently licensed.
C. A violation of this section is a Class 3 misdemeanor.
Code 1950, § 28-46; 1962, c. 406, § 28.1-51; 1992, c. 836; 2012, c. 228.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-306. Use of certain fishing devices in certain waters; penalty

It is unlawful for any person to use any snatch hook, grab hook or gang hook for the purpose of taking or catching fish in the Rappahannock River below the Downing Bridge at Tappahannock between January 1 and March 15. Nothing in this section shall apply to any licensed fixed fishing device.
A violation of this section is a Class 3 misdemeanor.
1968, c. 748, § 28.1-51.1; 1976, c. 200; 1982, c. 632; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-307. Length of fixed fishing device; gill nets; penalty

A. It is unlawful for any person to use a single fixed fishing device having a total length greater than 1,200 feet. Clear and unobstructed intervals of at least 200 feet shall be maintained between successive fishing structures in the same row, and adjoining rows of fishing structures shall be at least 300 yards apart. In addition, a clear passageway at least 200 feet wide shall be maintained, reaching from all regular navigable channels to all established boat landings. All stakes shall project not less than four feet above the surface of the water at all stages of the tide. Any stake not complying with this condition shall be removed by the licensee.
B. The Commission shall, by regulation, establish the minimum distance between any net and the side or end of any fixed fishing device.
C. A violation of any provision of this section or any regulation adopted pursuant to subsection B is a Class 3 misdemeanor.
Code 1950, § 28-46.1; 1954, c. 215; 1962, c. 406, § 28.1-52; 1964, c. 393; 1974, c. 97; 1990, c. 494; 1992, c. 836; 2009, c. 28.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-308. Setting of gill nets in oceanfront; penalty

From the Friday immediately preceding Memorial Day through September 15 of each year, gill net operators along the southern oceanfront boundary of the United States Dam Neck Military Base south to the North Carolina border shall maintain unimpeded breaks of 500 feet between adjacent rows of nets. Gaps between such gill nets in the same row shall occur no less than every 2,000 feet. These gill nets shall be set at a minimum of 400 feet seaward from the mean high-water mark.
A violation of this section is a Class 3 misdemeanor.
Code 1950, § 28-46.1; 1954, c. 215; 1962, c. 406, § 28.1-52; 1964, c. 393; 1974, c. 97; 1990, c. 494; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-309. Distance nets may extend across body of water or channel; prohibition; regulations; penalty

A. It is unlawful to set or fish any net or nets across any river, bay, estuary, creek, or inlet which are longer than one-fourth the width of the body of water from mean low water to mean low water at the point where the net or nets are set or fished.
B. It is unlawful to set or fish any net, other than a menhaden net, in any portion of a marked channel of a river, bay, estuary, creek, or inlet which has navigation aids installed or approved by any agency of government. However, the prohibitions and restrictions on setting nets contained in this subsection shall not apply to any net set on the eastern or ocean side of the Counties of Accomack and Northampton. The Commission shall have the authority to promulgate regulations governing the setting of any net on the eastern or ocean side of the Counties of Accomack and Northampton.
C. It shall be unlawful to set or fish any net which is a hazard to navigation.
D. Any person who violates the provisions of this section is guilty of a Class 3 misdemeanor.
Code 1950, § 28-47; 1950, p. 981; 1962, c. 406, § 28.1-53; 1968, c. 748; 1990, c. 212; 1991, c. 683; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-310. Trotline prohibited on ocean side of Eastern Shore; penalty

It shall be unlawful to set a fish trotline on the ocean side of the Counties of Accomack and Northampton. The Commission officers may seize any fish trotline set in such an area.
A violation of this section is a Class 3 misdemeanor.
Code 1950, § 28-43; 1960, c. 517; 1962, c. 406, § 28.1-48; 1966, c. 684; 1968, c. 748; 1972, c. 833; 1973, c. 21; 1976, c. 392; 1979, c. 274; 1981, c. 61; 1983, c. 307; 1990, c. 445; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-311. Chickahominy River in Charles City; penalty

It is unlawful for any person to take or catch fish, shellfish, or marine organisms, on or within 500 yards below the Chickahominy Dam at Walker's, on the Chickahominy River, other than with rod and line or hand line.
A violation of this section is a Class 3 misdemeanor.
Code 1950, § 28-88.4; 1950, p. 471; 1956, c. 325; 1962, c. 406, § 28.1-80; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-312. Rappahannock River and certain of its tributaries; penalty

It is unlawful for any person to use any haul seine (i) within 100 yards of mean low-water mark or 3 feet of water in depth at mean low water, whichever is closer to the shore, or (ii) over any oyster ground held under lease from the Commonwealth and marked as required by law in the waters of the Rappahannock River east of Downing Bridge at Tappahannock, and in its tributaries east of Downing Bridge. The restriction set forth in clause (i) shall be inapplicable where the written consent of the adjacent landowner has been obtained.
A violation of this section is a Class 3 misdemeanor.
Code 1950, § 28-89; 1962, c. 406, § 28.1-81; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-313. Killing fish by means of explosives, drugs, or poisons; possession; penalty

A. It is unlawful to capture or kill any fish, shellfish, or marine organisms by means of explosives, drugs, or poisons in any waters of the Commonwealth or in any waters under its jurisdiction.
B. It is unlawful to possess, sell, or offer to sell, within the Commonwealth, any fish, shellfish, or marine organisms killed or captured by means of explosives, drugs, or poisons, whether killed or captured within or without the jurisdiction of Virginia.
A violation of this section is a Class 3 misdemeanor.
Code 1950, §§ 28-53, 28-54; 1962, c. 406, §§ 28.1-55, 28.1-56; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-314. Trawl nets and drag nets prohibited; sale of fish; penalty

Except as may be provided in § 28.2-315, it is unlawful for any person (i) to take or catch fish, shellfish, or marine organisms with a trawl net, drag net, or similar device drawn through the waters by a vessel, boat, or other craft or (ii) to buy, sell, or offer for sale any fish taken or caught in the waters of the Commonwealth, or under the jurisdiction of the Commonwealth, with a trawl net, drag net, or similar device.
A violation of this section is a Class 1 misdemeanor.
Code 1950, § 28-68; 1962, c. 406, § 28.1-67; 1973, c. 119; 1979, c. 18; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-315. Fishing with trawl net within three-mile limit; license fee

A. It is unlawful to catch fish, shellfish, or marine organisms within the three-mile limit of the Virginia Atlantic shoreline with trawl nets or similar devices. However, the Commission may issue licenses to trawl within the three-mile limit from Cape Charles north to the Maryland line, except during September and October and from 36° 40' north latitude south to the North Carolina line at any time, and from Cape Henry south to 36° 40' north latitude between October 1 and May 1.
B. The Commission, to protect or promote the fisheries, may close and open the area, or any part thereof, described in subsection A to trawling or restrict the manner, method, size, and season of catch.
C. The license fee to fish with a trawl net or similar device in the area described in subsection A shall be $100 or as subsequently revised by the Commission pursuant to § 28.2-201 for each boat so employed.
Code 1950, § 28-71; 1960, c. 517; 1962, c. 406, § 28.1-70; 1974, c. 85; 1979, c. 18, § 28.1-69.1; 1979, c. 274; 1981, c. 52; 1983, c. 307; 1992, c. 836; 2009, c. 9.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-316. Trawling boat not granted license for other fishing device; penalty

It is unlawful for any vessel, boat or other craft equipped for trawling and having a trawl net on board to be licensed for any other net or fishing device.
A violation of this section is a Class 1 misdemeanor.
Code 1950, § 28-69; 1962, c. 406, § 28.1-68; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-317. Prima facie evidence of violation; penalty

Any vessel, boat, or other craft found in the waters of the Commonwealth, or in the waters under the joint jurisdiction of the Commonwealth, equipped for trawling and having a trawling net, drag net, or a similar device aboard with fresh or live fish on deck or in any portion of such vessel, boat or craft shall constitute prima facie evidence that the operator and master and members of the crew are guilty of trawling.
Code 1950, § 28-72; 1962, c. 406, § 28.1-71; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-318. Exemption for certain trawling activity

Nothing in this article shall prohibit (i) the use of trawl nets to catch fish outside the territorial limits of Virginia or (ii) the transport of such fish into Virginia ports for sale.
Code 1950, § 28-75; 1962, c. 406, § 28.1-72; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 3 - Finfish › § 28.2-319. Forfeiture of fishing gear, etc.

Any net, pot, or other fishing device or gear used in violation of any of the provisions of this article shall be seized and 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 or other person seizing the property shall immediately give notice to the attorney for the Commonwealth.
Code 1950, § 28-75; 1962, c. 406, § 28.1-72.1; 1981, c. 525; 1992, c. 836; 2012, cc. 283, 756.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 4 - Use of Purse Nets for Taking Menhaden › § 28.2-400. Application for license for resident or nonresident to catch menhaden

A. Any nonresident owning or holding by lease or charter a purse net, seine, or vessel of any description used in the waters of this Commonwealth, or waters within the jurisdiction of this Commonwealth, to catch menhaden shall apply to the Commissioner for a license. A resident shall apply for a license to the Commissioner through the officer assigned to the district in which the fish processing factory is located, or in which the applicant resides or has its principal office.
B. If the applicant for a license is a corporation, the application shall be made by an officer or one of the directors of the corporation; if the applicant is a partnership, the application shall be made by a general partner; if the applicant is a joint venture or other firm, by a member thereof; and if the applicant is an individual, by such individual.
C. The application shall be in writing and sworn to by the applicant before a notary public or other person authorized to administer oaths and shall disclose:
1. The true name of the person, firm, or corporation owning the purse net, seine, or vessel, and all the related apparatus, and the true name of any persons, firms, or corporations holding the same by lease or charter, for which the license is desired; if it is a firm, the true names of all the members of the firm; and, if it is a corporation, whether it is a domestic or foreign corporation and the location of its principal office.
2. The name of each vessel for which such a license is desired.
3. The location of the factory which is to process the menhaden so taken and caught.
4. That, during the period of this license, the applicant will not violate any of the laws of the Commonwealth in regard to the taking and catching of fish.
Code 1950, § 28-63; 1962, c. 406, § 28.1-61; 1966, c. 684; 1978, c. 347; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 4 - Use of Purse Nets for Taking Menhaden › § 28.2-400.1. Criteria for qualifying for a limited entry purse seine menhaden bait license

A. The Commission shall establish and administer a limited entry purse seine menhaden bait license that meets the requirements of this section.
B. In order to qualify for a limited entry purse seine menhaden bait license, an applicant shall have held a purse seine license, as established in § 28.2-402, in 2011 and shall have landed menhaden in the Commonwealth in each of the years 2009, 2010, and 2011. Such person shall also have used purse seine gear to harvest menhaden in at least one of those three years. Proof of landings and gear usage shall be in the form of receipts, landing reports, or other verifiable documents as designated by the Commission.
2013, cc. 59, 760.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 4 - Use of Purse Nets for Taking Menhaden › § 28.2-401. Service of process for nonresident individuals, foreign corporations, general and limited partnerships

A. A nonresident applicant who is an individual shall by written power of attorney appoint the Secretary of the Commonwealth his agent, upon whom shall be served all lawful process against or notice to such licensee, and who shall be authorized to enter an appearance in his behalf. The service shall only be made in duplicate upon the Secretary of the Commonwealth. The power of attorney shall be filed with the Secretary of the Commonwealth, and copies certified by him shall be received as evidence in all the courts of this Commonwealth. No judgment shall be entered against the licensee until after the process has been served for at least ten days.
Whenever lawful process against, or notice to, any such individual is served, the Secretary of the Commonwealth shall immediately mail a copy of such process or notice to such individual. The Secretary of the Commonwealth shall collect the fee prescribed in § 2.2-409 for the service of process or notice, which shall be paid by the plaintiff at the time of such service. The costs shall be recoverable by the plaintiff as a part of the taxable costs if he prevails in the suit or action.
A judgment, decree or order of the court entered or made against any such individual shall be as valid and binding on such individual as if he had been a resident and served with process or notice.
B. The service of process on (i) a nonresident firm or corporation shall be as provided in § 13.1-766, (ii) a general partnership shall be as provided in § 8.01-304 and (iii) a limited partnership shall be as provided in § 50-73.7.
Code 1950, § 28-62; 1962, c. 406, § 28.1-60; 1976, c. 384; 1978, c. 347; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 4 - Use of Purse Nets for Taking Menhaden › § 28.2-402. License fee to take menhaden with purse nets

Any person desiring to take or catch menhaden with purse nets shall pay to the officer or agent a license fee as follows or as subsequently revised by the Commission pursuant to § 28.2-201:
1. On each boat or vessel under 70 gross tons fishing for the purse seine menhaden reduction sector, $249.
2. On each vessel 70 gross tons or over fishing for the purse seine menhaden reduction sector, $996.
3. On each boat or vessel under 70 gross tons fishing for the purse seine menhaden bait sector, $249.
4. On each vessel 70 gross tons or over fishing for the purse seine menhaden bait sector, $996.
Any person purchasing more than one of these licenses for the same vessel shall pay a fee equal to that for a single license.
Code 1950, § 28-61; 1960, c. 517; 1962, c. 406, § 28.1-59; 1966, c. 695; 1974, c. 313; 1978, cc. 347, 358; 1979, c. 274; 1980, c. 605; 1982, c. 461; 1988, c. 710; 1992, c. 836; 2009, c. 9; 2013, cc. 59, 760; 2014, cc. 104, 133.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 4 - Use of Purse Nets for Taking Menhaden › § 28.2-403. Action of Commissioner on such application; transfer of license of disabled vessel; delegation of authority; appeals

A. If the Commissioner is satisfied that the disclosures required by § 28.2-400 have been made and that the application conforms in other respects to the provisions of that section or to § 28.2-400.1, and upon payment of the license fee specified in § 28.2-402, the Commissioner, or the officer through whom or in whose district the application was made, shall issue to the applicant a license for each of the purse seines, vessels, or other watercraft specified in the application. The license shall state the name of the licensee and the name of the vessel or other watercraft licensed.
If any vessel or other watercraft so licensed becomes disabled during the period of such license, the licensee may, with the consent of the Commissioner, hire or charter a vessel or other craft belonging to a nonresident to replace the disabled one for the unexpired period of such license. In such a case, the officer shall transfer the license issued for the disabled vessel or other craft to the one so hired or chartered without requiring any additional license.
B. The Commissioner may delegate to the officers his authority under this section. However, any person aggrieved by any action of an officer exercising such delegated authority shall have the right to appeal to the Commissioner for a review and correction of the actions of the officer. The appeal may be made by mailing a statement of the officer's action, together with the appellant's objections and the grounds for his objections, to the Commissioner. Upon receipt of such appeal, the Commissioner shall immediately notify the officer involved, who shall, within three days, deliver to the Commissioner all papers in his possession concerning the subject matter of the appeal, together with a written statement of and reasons for his actions. The Commissioner shall issue his ruling granting, transferring, refusing, or refusing to transfer the license within ten days after receipt by him of the appeal.
Code 1950, §§ 28-64, 28-65; 1962, c. 406, § 28.1-62; 1992, c. 836; 2013, cc. 59, 760.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 4 - Use of Purse Nets for Taking Menhaden › § 28.2-404. Appeals from actions of Commissioner

Any person aggrieved by any action of the Commissioner taken under the provisions of § 28.2-403 shall have the right to petition the circuit court of the county or city in which the factory where the fish were to be processed is located, or in which the applicant resides or has his principal office, for a review and correction of the ruling of the Commissioner as provided in Article 3 (§ 28.2-216 et seq.) of Chapter 2 of this subtitle.
Code 1950, § 28-64; 1962, c. 406, § 28.1-63; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 4 - Use of Purse Nets for Taking Menhaden › § 28.2-405. Carrying patent tongs, etc., while fishing for menhaden; penalty

It shall be unlawful for any captain or owner to carry or permit to be carried aboard his vessel, when fishing for menhaden, any scrape, dredge, or patent tongs.
A violation of this section is a Class 1 misdemeanor.
Code 1950, § 28-49; 1962, c. 406, § 28.1-54; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 4 - Use of Purse Nets for Taking Menhaden › § 28.2-407. Forfeiture of fishing gear

Any net, pot, or other fishing device or gear used in violation of any of the provisions of this article shall be seized and 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 or other person seizing the property shall immediately give notice to the attorney for the Commonwealth.
Code 1950, § 28-66; 1962, c. 406, § 28.1-64; 1981, c. 525; 1992, c. 836; 2012, cc. 283, 756.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 4 - Use of Purse Nets for Taking Menhaden › § 28.2-408. Food fish not to be taken, bought, or sold; percentage allowable; penalty

A. It is unlawful to take, catch or round up with purse net, for any purpose, food fish in an amount greater than one percent of the whole catch. If food fish represent more than one percent of the whole catch, the net shall be opened immediately and the food fish released while alive.
B. It is unlawful for any vessel licensed for the purpose of menhaden fishing to catch any food fish for the purpose of marketing; for any person to have in his possession food fish in an amount greater than one percent of the bulk for the purpose of manufacturing them into fertilizer, fish meal, or oil; or for any person to use in any manner any food fish, in an amount greater than one percent of the bulk for the purpose of fertilizing or improving the soil.
C. Any person violating any provision of this section is guilty of a Class 1 misdemeanor, and the license on such person's boat or net shall be revoked by court order for the remainder of the season.
Code 1950, § 28-60; 1962, c. 406, § 28.1-58; 1964, c. 393; 1966, c. 696; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 4 - Use of Purse Nets for Taking Menhaden › § 28.2-410. Closed season for menhaden fishing; forbidden nets; penalty

Except as provided in § 28.2-409 or as otherwise provided by regulation, it is unlawful for any person to take or catch with a purse net in the waters of the Commonwealth, or waters within its jurisdiction, menhaden between the Saturday following the third Friday in November and the Sunday preceding the first Monday in May. However, in the waters east of the Chesapeake Bay Bridge Tunnel within the three-mile limit of the Virginia shoreline such prohibition shall be between the Friday before Christmas and the Sunday preceding the first Monday in May. It is also unlawful for any person to use any purse net or other net having a stretched mesh of less than one and three quarters inches. Any person violating any of the provisions of this section is guilty of a Class 1 misdemeanor.
Code 1950, §§ 28-64, 28-67; 1962, c. 406, § 28.1-65; 1966, c. 684; 1972, c. 424; 1976, c. 384; 1978, c. 347; 1982, c. 461; 1988, c. 710; 1992, c. 836; 2020, cc. 201, 356.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-500. Residency and certain oyster licenses

No residence restriction shall prohibit any person from obtaining any required license for buying fish or shellfish or for shucking oysters. In dredging or scraping private planting grounds on permission of the Commissioner, the residence restriction shall not apply to the crew, captain, or owner of any boat engaged by the leaseholder to dredge or scrape private planting grounds for oysters only.
Code 1950, § 28-138; 1962, c. 406, § 28.1-121; 1983, c. 306; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-501. Application for license to take or catch oysters or clams

A. Any resident of this Commonwealth who desires to take or catch oysters or clams by any device other than a scrape or dredge shall apply to the Commissioner for a license.
B. Any resident desiring to dredge or scrape for oysters shall apply in writing to the officer assigned to the district in which he resides. The application shall be sworn to and shall state the name of his vessel, the owner or owners, the captain or person in charge, and the length of vessel or gross tonnage at which it is rated. The application shall further state the district in which the owner resides; that the applicant is a resident qualified under the requirements of this section; that no nonresident owns the vessel, in whole or in part; and that it is not held with any intention, or under any agreement, to return it at any subsequent time to a nonresident.
Code 1950, §§ 28-137, 28-150; 1960, c. 517; 1962, c. 406, §§ 28.1-120, 28.1-129; 1964, c. 393; 1966, c. 684; 1970, c. 726; 1979, c. 274; 1991, c. 285; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-502. License fees for taking oysters or clams in tidal waters

Every resident who applies for a license to take or catch oysters and clams shall pay as follows or as subsequently revised by the Commission pursuant to § 28.2-201:
1. For each person taking or catching oysters by hand or with ordinary tongs, $10;
2. For each single-rigged patent tong boat taking oysters, $35;
3. For each double-rigged patent tong boat taking oysters, $70;
4. For each person taking or catching clams by hand or with ordinary tongs, $15;
5. For each single-rigged patent tong boat taking clams, $35;
6. For each double-rigged patent tong boat taking clams, $70; and
7. For each dredge used for taking or catching clams, $50.
Code 1950, §§ 28-137, 28-157; 1960, c. 517; 1962, c. 406, §§ 28.1-120, 28.1-133; 1964, c. 393; 1966, c. 684; 1970, c. 726; 1979, c. 274; 1991, c. 285; 1992, c. 836; 1993, c. 11; 2009, c. 9.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-503. License for taking clams with tongs

The license for taking clams, by ordinary or patent tongs, shall entitle the holder to take only clams from the public bottoms in the waters of the Commonwealth but not from the public oyster rocks, beds, and shoals or from leased oyster grounds. Such a license does not permit the taking of oysters. The Commission may authorize the taking of clams from the public oyster rocks, beds, and shoals of (i) the lower York River below the patent tong line and (ii) that area in the Poquoson River contained within Public Ground Tract No. 1 and Public Ground Tract No. 9, west of a line connecting York Point and Hunt's Point and northeast of a line connecting Hunt's Point and survey Station "Spit" when it determines that commercial quantities of oysters are not present and are not likely to return due to the presence of oyster diseases. However, the Commission shall annually review the conditions in the area designated under clause (ii) to determine whether to authorize the taking of clams.
Code 1950, § 28-137; 1960, c. 517; 1962, c. 406, § 28.1-120; 1964, c. 393; 1966, c. 684; 1970, c. 726; 1979, c. 274; 1991, c. 285; 1992, cc. 246, 836; 1993, c. 238.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-504. License fee graduated; penalty

A. Every person engaged in the business of shucking or packing oysters in Virginia shall pay a license fee based on the amount of oysters shucked or packed by him during the previous year.
B. The license fees to engage in the business of shucking or packing oysters are the following or as such fees may be subsequently revised by the Commission pursuant to § 28.2-201:
1. For under 1,000 gallons, $7.50;
2. For 1,000 gallons up to 10,000, $20;
3. For 10,000 gallons up to 25,000, $45;
4. For 25,000 gallons up to 50,000, $75;
5. For 50,000 gallons up to 100,000, $125;
6. For 100,000 gallons up to 200,000, $175; and
7. For 200,000 gallons or more, $275.
Any person violating this section is guilty of a Class 1 misdemeanor.
C. The required license fee shall be collected in the same manner as other license fees collected under Virginia oyster laws.
Code 1950, § 28-136; 1950, p. 976; 1954, c. 178; 1960, c. 517; 1962, c. 406, § 28.1-119; 1968, c. 747; 1979, c. 274; 1992, c. 836; 2009, c. 9.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-505. Sale of shells to Commission

A. Each shucker or packer of oysters shall sell to the Commission at the prevailing market price up to twenty percent of the shells, unless the shells are planted in Virginia waters.
B. On or before December 1 of each year, the Commission shall notify each shucker or packer whether it will purchase by the following June 1 the shells so set aside. If notice is not given, the shucker or packer may dispose of such shells as he sees fit.
Code 1950, § 28-190.1; 1952, c. 648; 1962, c. 406, § 28.1-142; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-506. Season for taking oysters from public rocks; penalty

A. The season for taking oysters by shaft tongs or by hand from the public oyster beds, rocks, or shoals shall be as follows:
1. James River seed area, from October 1 until July 1. The Commission may set an alternate date, no earlier than June 1, for the completion of this season in any year in which such an action can be expected to improve the quality of seed oysters.
2. All other areas, from October 1 until June 1.
B. The season for taking oysters by patent tongs from the public oyster beds, rocks, or shoals shall be from October 1 to March 31. The Commission may set an alternate opening date, no later than November 1, or close the season for any area in the Commonwealth where the use of patent tongs is permitted, when in its opinion the condition of the oysters warrants.
C. It shall be unlawful for any person to take or catch oysters from the public rocks or shoals of this Commonwealth at any time other than that provided in subsections A and B of this section except as set forth in Chapter 8 of this subtitle and except as provided in § 28.2-507.
D. The possession of patent tongs and oysters in a boat at any time other than the season for patent tongs as specified in subsections A and B of this section is prima facie evidence of a violation of this section.
E. Taking oysters or having patent tongs or any other device for taking or catching oysters on public rocks, beds, or shoals, except during the seasons specified in subsections A and B of this section, is prima facie evidence of a violation of this section.
F. The possession of oysters while taking or catching clams during the prohibited season to take or catch oysters from the public rocks, beds, or shoals, is prima facie evidence of a violation of this section.
A violation of this section is a Class 1 misdemeanor.
Code 1950, §§ 28-92, 28-137; 1960, c. 517; 1962, c. 406, §§ 28.1-82, 28.1-120; 1964, c. 393; 1966, c. 684; 1970, c. 726; 1977, c. 387; 1978, c. 208; 1979, c. 274; 1980, c. 32; 1981, c. 72; 1991, c. 285; 1992, c. 836; 2022, c. 135.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-507. Opening and closing public rocks

The Commission, in order to protect or promote the growth of oysters, may (i) close and open any area or restrict the manner or method of taking oysters in any area of the public rocks, grounds, or shoals, (ii) establish seed beds and plant shells and other culch, or (iii) take any other restorative measures. Before closing any such area, an officer shall post notice of the closing for at least 30 days in two or more public places in the district in which the area is located. Such notice requirement shall not apply to those public rocks closed by the Virginia Department of Health or state replenishment programs. In addition, when the Commissioner finds it necessary, the area may be marked by a uniform system of buoys or signs indicating that such area is closed and that oystering by any means is prohibited. Any area which has been closed and reopened at a later time may be closed by the Commission or Commissioner at any time without notice.
Code 1950, § 28-98.1; 1956, c. 313; 1962, c. 406, § 28.1-85; 1981, c. 52; 1992, c. 836; 1996, c. 842; 2011, c. 221.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-509. Maximum weight for patent tongs; teeth length; penalty

It is unlawful for any person to use patent tongs exceeding 100 pounds in gross weight, including any attachments other than rope, for the taking or catching of oysters. The teeth of the patent tongs shall not exceed four inches in length. The possession of patent tongs exceeding this weight or teeth length while oysters are in the boat shall constitute prima facie evidence of a violation of this section.
A violation of this section is a Class 3 misdemeanor.
1962, c. 406, § 28.1-84; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-510. Buying, selling, or possessing unculled oysters; penalty

It is unlawful for any person to buy, sell, or possess oysters under the prescribed size and over the shell allowance taken from the public rocks, beds, and shoals. If upon trial for this offense the accused person asserts the claim or defense that the unculled oysters were taken from private planting grounds, the burden of proving such a defense or fact shall be upon the accused.
A violation of any provision of this section is a Class 3 misdemeanor.
Code 1950, §§ 28-142, 28-146; 1960, c. 517; 1962, c. 406, §§ 28.1-125, 28.1-127; 1985, c. 125; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-511. Culling oysters; penalty

A. 1. In addition to any other penalty prescribed by law, any person charged with violating any regulation governing the culling of oysters shall be required, by the officer making the charge, to scatter the entire cargo of oysters on the public rocks under the supervision of the officer and at the expense of the person charged with the violation. No portion of the cargo of oysters shall be scattered anywhere other than on the public rocks.
2. In lieu of throwing the cargo overboard, the person charged with the violation may post a bond by credit card, check, or cash with the officer in an amount approximately equal to the value of the entire load as determined by the officer. If the person charged posts a bond by credit card, the Commission may collect such actual credit card service charges as apply.
3. The refusal to either dump the oysters overboard or post a bond is a distinct and separate offense from any other violation. A person who has posted a bond and is acquitted shall be refunded the bond. If the person is found guilty, the bond shall be forfeited and deposited to the credit of the Oyster Replenishment Fund.
4. Any person charged with a violation of a regulation who posts bond shall properly cull the entire cargo of oysters immediately after the officer has found the oysters to be in violation of such regulation and before they can be sold, planted, or disposed of by him or by any other person.
B. The requirement to scatter the entire cargo of oysters on the public rocks shall only apply to a cargo of oysters taken by any catcher from the public oyster grounds and shall not apply to oysters which have been purchased by and are in the possession of a buyer.
A violation of any provision of this section is a Class 3 misdemeanor.
Code 1950, § 28-141; 1960, c. 517; 1962, c. 406, § 28.1-124; 1964, c. 393; 1966, c. 684; 1968, c. 747; 1979, c. 606; 1981, c. 52; 1985, c. 125; 1992, c. 836; 2013, c. 38; 2017, c. 340.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-512. Interfering with oyster inspections; penalty

It is unlawful for any person possessing unshucked oysters to (i) resist or interfere with an officer while he examines oysters suspected of being unculled or (ii) refuse to admit an officer to a boat or oyster house for the purpose of such inspection.
A violation of this section is a Class 1 misdemeanor.
Code 1950, § 28-146; 1962, c. 406, § 28.1-127; 1985, c. 125; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-513. Prima facie evidence of culling violation; defense

It is unlawful for a person to have any oysters or shells on the culling board, deck, washboard, or other receptacle above the hold of the boat or in the deckhouse of the boat when the boat is not at anchor, is off the public rocks, or is approaching a buy boat or a landing. The attempt of any person to escape, to throw oysters or shells into the water other than in the ordinary process of culling, or to place oysters or shells on the culling board or deck from the hold, upon the approach of the officer, shall be prima facie evidence of the violation of the Commission's culling regulations.
Code 1950, § 28-146; 1962, c. 406, § 28.1-127; 1985, c. 125; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-514. Possession of shucked oysters; penalty

It is unlawful for any person to possess more than one-half gallon of shucked oysters on board a boat harvesting on the public rocks.
A violation of this section is a Class 3 misdemeanor.
Code 1950, § 28-141; 1960, c. 517; 1962, c. 406, § 28.1-124; 1964, c. 393; 1966, c. 684; 1968, c. 747; 1979, c. 606; 1981, c. 52; 1985, c. 125; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-515. Dredging or scraping on private ground; permit required

Any resident of the Commonwealth holding under legal assignment an oyster-planting ground of at least three acres in one tract or adjoining tracts and having paid the rent may dredge or scrape his tracts at any time from sunrise until sunset, except on Sunday if the resident has obtained from the Commission a permit for each boat so used. The permit shall show the name of the lessee and the name or number of the boat, date of issue, and date of expiration. The expiration date shall not be more than 12 months from the date of issue and may be renewed for like periods. A special exemption may be granted on such a permit to allow dredging or scraping one hour prior to sunrise from June 15 to September 1, provided that the resident notify the Commission at least 24 hours prior to such activity. The Commission may, after a hearing, refuse to grant or renew a permit to dredge or scrape any oyster-planting ground unless it is proved that the holder has planted seed oysters or shells and is using the planting ground for the cultivation of oysters. The Commission may refuse to grant the permit if it appears at the hearing that the holder of the ground is a habitual violator of the seafood laws. An applicant for the permit shall have the right of appeal from any decision of the Commission refusing to grant the permit as provided in Article 3 (§ 28.2-216 et seq.) of Chapter 2 of this subtitle.
Code 1950, § 28-158; 1950, p. 988; 1952, c. 643; 1954, c. 43; 1958, c. 477; 1962, c. 406, § 28.1-134; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1979, c. 274; 1986, cc. 171, 184; 1992, c. 836; 2003, c. 778.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-516. Oyster dredging or oyster dredging equipment on boat; penalty

It is unlawful for any person to have on board a boat, a dredge or equipment normally used for dredging oysters, unless he has a license or permit to dredge. The license or permit shall be available for inspection on board the boat.
It is unlawful to carry or transport an oyster dredge or oyster dredging equipment on board a licensee's, permittee's, or his employee's boat, except when the boat is traveling to or from (i) the ground on which dredging is permitted or licensed to take place or (ii) docks for maintenance and repair of the boat or equipment.
Any person who violates this section is guilty of a Class 6 felony.
Code 1950, § 28-158; 1950, p. 988; 1952, c. 643; 1954, c. 43; 1958, c. 477; 1962, c. 406, § 28.1-134; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1979, c. 274; 1986, cc. 171, 184; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-517. Marking ground

A person shall not dredge or scrape his oyster-planting ground unless he has first properly designated and marked the oyster-planting ground as prescribed by the Commission in accordance with § 28.2-607. The initials of the lessee shall be displayed on all lease corners in black letters on a white background not less than five inches in length. If it appears to the inspector that such ground is not properly marked, he may immediately suspend the dredging permit until the ground is properly marked.
Such initials shall also be placed upon each side of the prow of any boat or craft used or employed in dredging or scraping the planting ground.
Code 1950, § 28-158; 1950, p. 988; 1952, c. 643; 1954, c. 43; 1958, c. 477; 1962, c. 406, § 28.1-134; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1979, c. 274; 1986, cc. 171, 184; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-518. Dredging for oysters in James River; penalty

It shall be unlawful for any person to dredge for oysters in the James River during the open season for taking oysters from the public rocks and shoals. However, the Commission may grant a permit to applicants to dredge in specified areas.
A violation of this section is a Class 6 felony.
Code 1950, § 28.1-201.2; 1952, c. 181; 1962, c. 406, § 28.1-146; 1964, c. 393; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-519. Use of rakes or scrapes on ocean side of Eastern Shore; penalty

It shall be unlawful for any person to use dredges, scrapes, rakes other than hand rakes, or other like devices to take or catch crabs, clams, or shells from the public rocks, beds, or shoals on the ocean side of the Counties of Accomack and Northampton.
A violation of this section is a Class 3 misdemeanor.
Code 1950, § 28-198; 1962, c. 406, § 28.1-143; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-520. Use of hydraulic dredges prohibited; exceptions; penalty

A. It shall be unlawful for any person, unless he has been issued a permit by the Commission pursuant to subsection B, to (i) take or catch clams through the use of a hydraulic dredge or (ii) have on board his boat a hydraulic dredge designed for harvesting seafood.
B. The Commission may issue a permit authorizing the possession and use of a (i) hydraulic dredge for the purpose of (a) transiting state waters or (b) conducting legitimate aquaculture research and (ii) handheld hydraulically operated device for harvesting cultured clams from leased grounds.
C. Notwithstanding the provisions of clause (ii) of subsection A, a person may have on board his boat a hydraulic dredge designed for harvesting seafood when traveling to or from docks for maintenance or repair of the boat or equipment, or when off-loading catches made in federal waters.
D. The Commission and the Virginia Institute of Marine Science may possess and use hydraulic dredges to take and catch shellfish on an experimental basis.
E. Any person who violates this section is guilty of a Class 1 misdemeanor.
1981, c. 138, § 28.1-128.01; 1992, c. 836; 2001, c. 377; 2015, c. 675.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-521. Revocation of license or permit to dredge

The Commission, on testimony of an officer at a hearing that he has personally observed a person having dredging cable or dredging equipment overboard or in any way engaged in dredging in any area other than where a person holds a lawful permit or license to dredge, may revoke all permits and licenses held by the person to dredge on public or private grounds and may refuse to issue any licenses or permits for such purposes for a period of one year. Before the Commission holds a hearing pursuant to this section, it shall provide at least five days' written notice to the permittee or licensee. Notice shall be served either by a Commission officer or by certified mail addressed to the permit or license holder at the address given on the permit or license. Any subsequent, identical notice that is sent by the Commission may be sent by regular mail.
Code 1950, § 28-153; 1962, c. 406, § 28.1-135; 1992, c. 836; 2011, c. 566.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-522. Prima facie evidence of violation

In any prosecution for the violation of any sections of this article against the captain or crew of a vessel or any person on board, proof that the vessel was equipped with a crank, dredge, or scrape shall be prima facie evidence of the violation of such section.
Code 1950, § 28-155; 1962, c. 406, § 28.1-131; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-523. Penalty

Any person who takes or catches oysters with a dredge, scrape, or instrument other than ordinary or patent oyster tongs or by hand, in any of the waters of the Commonwealth except as provided by law, or regulations of the Commission, is guilty of a Class 6 felony.
Code 1950, §§ 28-154, 28-156; 1962, c. 406, § 28.1-132; 1968, c. 747; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-525. Fishing in Chesapeake Bay immediately west of Tangier Island

The Commission, in order to protect and promote the fishery in that area of the Chesapeake Bay described herein, may open and close such area or any part thereof, or prescribe the manner, method, size and season of catch. Such area is contained within the boundaries of a point beginning at the southeastern point of Tangier Island, thence, in a southeastern direction to Tangier Sound Light; thence, in a southwestern direction to can buoy C "1"; thence continuing in a southwestern direction to nun buoy N C "34"; thence, in a northwestern direction to nun buoy N "2"; thence, continuing the same direction to the 36-foot deep contour; thence, along the 36-foot deep contour to the Virginia-Maryland Boundary Line; thence, in a northeastern direction to Smith Island, Hog Neck; thence, in a southeastern direction along the western side of Smith Island, Cheesman Island, Shank Island, Goose Island and Tangier Island to the point of beginning.
1982, c. 121, § 28.1-128.2; 1992, c. 836.