reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-526. Oyster measures; standards; penalty

A. Except as provided in subsection B, C, or D, it is unlawful for any person to buy or sell oysters in the shell by any measure other than:
1. One-half bushel or one bushel metallic measures. Such containers shall be metallic circular tubs with straight sides and straight bottoms and may have holes for draining one inch in diameter. A half-bushel tub shall have the following dimensions, all measured from inside to inside: 15 inches across the top, 13 inches across the bottom, and 17 inches diagonally from the inside chine to the top; and a bushel tub shall measure 18 1/2 inches across the top, 17 inches across the bottom, and 21 1/2 inches diagonally from the inside chine to the top. Oysters harvested from the public rocks in the Potomac River or its tributaries may be bought or sold in one bushel metallic measures which shall measure 18 inches across the top, 16 1/2 inches across the bottom, and 21 inches diagonally from the inside chine to the top. Such containers shall be level full across the entire top of the container to be considered a full measure; or
2. A container of not less than 2,500 cubic inches and not more than 3,000 cubic inches, the make and model of which has been approved by the Commission.
Any seller of oysters or oyster shells who fails to furnish at the point of landing a full measure as defined in this section, or a buyer of any seed oysters or oyster shells who accepts less than a full measure as defined in this section, is guilty of a Class 1 misdemeanor.
B. Oysters may be sold in containers of a size greater than 18 1/2 inches across the top, 17 inches across the bottom, and 21 1/2 inches diagonally from the inside chine to the top if such container has been approved by the Commissioner and its use to measure oysters has been approved by both the buyer and seller.
C. On the eastern or ocean side of the Eastern Shore, oysters may be sold without being measured if both the buyer and the seller agree to the number of bushels of oysters in the transaction.
D. Cultured oysters in the shell may be sold in any measure or container agreeable to the buyer and seller.
Code 1950, § 28-188; 1960, c. 517; 1962, c. 406, § 28.1-136; 1970, c. 132; 1980, c. 33; 1992, cc. 239, 836; 1996, c. 434; 2007, c. 36; 2011, c. 627; 2014, c. 132.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-527. Theft of oysters, clams, shells, etc.; penalty

Any person who steals, or takes or carries away without permission of the owner, (i) bedded, naturally occurring, or planted oysters or clams, (ii) oysters deposited by any person making up a cargo for market, or (iii) shells or seed planted for formation of oyster or clam beds by the Commonwealth or any person, is guilty of larceny.
Code 1950, § 28-191; 1960, c. 517; 1962, c. 406, § 28.1-137; 1966, c. 684; 1968, c. 747; 1992, c. 836; 2004, c. 475.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-528. Revocation of licenses for theft of oysters

The Commission, without notice and hearing required by § 28.2-232, shall revoke all licenses and the fishing privileges within the Commonwealth's tidal waters to take or catch fish, shellfish, or marine organisms, issued to any person convicted of unlawfully taking oysters or other mollusca from the public grounds, any riparian oyster planting grounds assigned pursuant to Article 1 (§ 28.2-600 et seq.) of Chapter 6 of this title, or any general oyster planting ground leased pursuant to Article 2 (§ 28.2-603 et seq.) of Chapter 6 of this title. No new licenses shall be issued to such person for a minimum of six months or a maximum of five years after such conviction in the discretion of the Commission.
Code 1950, § 28-191; 1960, c. 517; 1962, c. 406, § 28.1-137; 1966, c. 684; 1968, c. 747; 1992, c. 836; 1993, c. 216; 2015, c. 468.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-529. Converting shells into lime; penalty

It shall be unlawful for any person to take or catch oysters or shells for conversion into lime, unless the person has obtained permission from the Commission.
A violation of this section is a Class 3 misdemeanor.
Code 1950, § 28-192; 1962, c. 406, § 28.1-138; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-530. Taking oysters or loading on vessel on Sunday or at night; penalty

A. It shall be unlawful for any person to take oysters, from either public or private grounds, on Sunday or between sunset and sunrise; nor shall any person load any vessel or boat for such purpose with any oysters from any of the waters of the Commonwealth on Sunday or between sunset and sunrise.
B. Shucking oysters taken from the public grounds other than from designated seed areas may be unloaded on shore at packinghouses or loaded on trucks or motor vehicles one-half hour after sunset and one-half hour before sunrise. Those oysters which have been inspected by an officer and purchased by the packer or planter, and the oysters owned by the packer or planter, may be unloaded at any time except Sunday within the discretion of the packer.
C. The provisions of subsection A shall not apply to (i) the taking or catching by hand during the prescribed hours of daylight on Sunday during the legally prescribed public oyster harvest season on public oyster grounds open for harvest or unleased bottom open for harvest, of not more than one bushel of oysters for personal use or (ii) the taking or catching of cultured oysters during the prescribed hours of daylight on Sunday. The presence on board a boat or other vehicle being used during any Sunday harvesting, except as part of an oyster aquaculture operation, of any gear normally associated with the harvesting of oysters other than by hand is prima facie evidence of a violation of the provisions of this section.
A violation of this section is a Class 3 misdemeanor.
Code 1950, § 28-195; 1958, c. 471; 1960, c. 517; 1962, c. 406, § 28.1-139; 1966, c. 684; 1975, c. 185; 1981, c. 119; 1992, c. 836; 1996, c. 434; 2016, c. 7.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-531. Taking clams on Sunday or at night; exception; penalty

It shall be unlawful for any person to take clams from either public or private grounds, on Sunday or between sunset and sunrise. This section shall not apply to (i) the taking of clams on Sunday by hand or hand rake between sunrise and sunset if the clams are for personal use only and not for planting or commercial use, or (ii) the taking of cultured hard-shell clams on Sunday.
A violation of this section is a Class 3 misdemeanor.
1975, c. 185, § 28.1-139.1; 1992, c. 836; 1994, c. 124.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-532. Protection of oysters and clams of Virginia; labeling; penalty

It shall be unlawful for any person to offer for sale, sell or distribute for direct consumption oysters or clams as Virginia oysters or clams unless such oysters and clams have been in the waters of the Commonwealth or the Potomac River for a period of at least six months.
Any oysters or clams imported into Virginia, either shucked or unshucked, when sold or distributed, shall not be designated or labeled in any manner indicating they came from Virginia waters or that they are Virginia oysters or clams.
The name, address and Department of Health certificate number on the package or container of the packer or distributor shall not be considered illegal designation or labeling.
A violation of this section is a Class 3 misdemeanor.
1962, c. 406, § 28.1-140; 1964, c. 393; 1992, c. 836; 1996, c. 434.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-533. Oysters on crab dredging boat; penalty

It shall be unlawful for any person licensed to catch crabs with a dredge to possess aboard a boat more than one bushel of oysters. Any person violating this section shall be guilty of a Class 1 misdemeanor.
Code 1950, § 28-196.2; 1952, c. 654; 1954, c. 446; 1962, c. 406, § 28.1-141; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-534. Possession of oysters while taking clams; penalty

The possession of oysters while taking or catching clams during the season in which it is unlawful to take or catch oysters from the public rocks, beds, or shoals, is prima facie evidence of a violation of the law against taking or catching oysters during the prohibited season. A violation of this section is a Class 1 misdemeanor.
Code 1950, § 28-178; 1954, c. 177; 1960, c. 517; 1962, c. 406, § 28.1-160; 1968, c. 747; 1970, c. 726; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-535. Permit to buy or carry seed oysters from certain grounds; penalty

A. It is unlawful for any person to buy or carry oysters from the eastern side of the Counties of Accomack and Northampton or from the James River seed area, whose shells measure less than three inches in length without first obtaining a permit. A permit shall be required for each boat, vessel, or motor vehicle used to carry such cargo. The applicant shall obtain the permit from the officer assigned to the district where the cargo is loaded. The permit shall state the name and tonnage of the boat, vessel, motor vehicle, or other conveyance; the name of the owner and captain; the destination of the oysters; and the identity of the permit applicant. The cargo may be loaded under the supervision of the officer, in the order of the presentation of the permit to the officer in the district in which the boat, vessel, motor vehicle, or other conveyance is to obtain its cargo.
B. Any such permittee who takes seed oysters to a place not specified in his permit and does not notify the Commissioner within twenty-four hours of the change in planting location is guilty of a Class 1 misdemeanor. The owner or captain of any boat, vessel, motor vehicle, or other conveyance found buying or carrying seed oysters from these public grounds without a permit is guilty of a Class 1 misdemeanor.
Code 1950, § 28-111; 1954, c. 447; 1962, c. 406, § 28.1-97; 1966, c. 642; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-536. Taking clams in certain areas; penalty

It is unlawful to take or catch clams in Pocomoke Sound above a line drawn from Drum Bay Point, in the County of Accomack, and running a north-northwest course to the line between the States of Maryland and Virginia, except upon such grounds in those waters as may be set aside by the Commission for public clamming.
Any person who violates this section is guilty of a Class 1 misdemeanor.
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, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-537. Restriction on size of clams; penalty

It is unlawful for any person to harvest or ship clams smaller in size than the legal size established by the Commission.
Any person who violates this section is guilty of a Class 1 misdemeanor.
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, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-538. Record of oysters handled; penalty

All licensed oyster harvesters, buyers, shucking houses, and aquaculture operations shall record all fisheries data and information required by the Commission as provided in § 28.2-204. Such records shall be open for inspection by the Commissioner and a copy available to him or any employee designated by him to inspect or receive the same. A failure to keep such a record is a Class 1 misdemeanor.
Code 1950, § 28-100; 1960, c. 517; 1962, c. 406, § 28.1-87; 1966, c. 684; 1975, c. 199; 1976, c. 255; 1988, c. 313; 1992, c. 836; 2013, c. 38.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-541. Oyster resource user fees

A. There are imposed upon all oysters taken from the public rocks, beds, or shoals the following oyster resource user fees, per year: (i) on any licensed commercial fisherman harvesting oysters by hand, a fee of $50; (ii) on the use of any type of gear to harvest oysters, a fee of $300; (iii) on any business shucking or packing (a) no more than 1,000 gallons of oysters, a fee of $500; (b) more than 1,000 but no more than 10,000 gallons of oysters, a fee of $1,000; (c) more than 10,000 but no more than 25,000 gallons of oysters, a fee of $2,000; and (d) more than 25,000 gallons of oysters, a fee of $4,000; and (iv) on any oyster buyer using (1) a single truck or location, a fee of $100 and (2) multiple trucks or locations, a fee of $300.
B. Any commercial aquaculture operation taking oysters pursuant to § 28.2-603 from a riparian assignment or general oyster planting ground shall pay an oyster resource user fee of $50.
C. Any harvester shall pay only one oyster resource user fee per year for oyster gear used under clause (ii) of subsection A.
D. The Commission may revoke the permit or license of any person who fails to comply with this section.
Code 1950, § 28-137.1; 1952, c. 650; 1954, c. 663; 1960, c. 517; 1962, c. 406, § 28.1-93; 1964, c. 393; 1966, c. 173; 1978, c. 583; 1983, c. 18; 1988, c. 313; 1992, c. 836; 2013, c. 38.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-542. Oyster Replenishment Fund

A. All oyster resource user fees collected by the Commission and any gifts, donations, grants, bequests, and other funds received in support of oyster recycling and replenishment and all funds appropriated for such purpose shall be deposited in the state treasury and credited to the Oyster Replenishment Fund, to be used only (i) for administration of the program; (ii) for oyster replenishment projects, including recycling, planting, and replanting the public oyster rocks, beds, and shoals of the Commonwealth with seed oysters, oyster shells, or other material that will catch, support, and grow oysters and oyster populations; and (iii) to encourage donations of oyster shells for such oyster replenishment projects. These funds shall be withdrawn and expended for such purposes on the order of the Commission. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrant of the Comptroller issued on vouchers signed by persons designated by the Commission.
B. The method of distribution of funds available for the encouragement of oyster shell donations shall be determined by the Commission. The Commission shall consider providing grants to any person who donates oyster shells to an organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code that is engaged in oyster replenishment projects. Such grants may be awarded in an amount equal to $4 per bushel of oyster shells, as described in § 28.2-526, donated during a calendar year but not to exceed an aggregate grant of $1,500 for all such donations made by such person during such year. The aggregate amount of funds available for such encouragement of oyster shell donations for each calendar year shall be determined by the Commission, but shall not exceed $250,000.
1962, cc. 406, 636, §§ 28.1-94, 28.1-94.1; 1992, c. 836; 2013, c. 38; 2023, cc. 747, 770.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-546. Permit to carry oysters out of state

A. It shall be unlawful for any person to carry, attempt to carry, or buy for the purpose of carrying out of the Commonwealth any seed oysters taken from the public rocks, beds, or shoals until he has first obtained for each cargo a permit to do so from the Commission.
B. The permit shall state the name of the boat or license number of the motor vehicle and the name and address of the owner or captain of the boat or owner or operator of the motor vehicle. The permit shall state the name and address of the person to whom the cargo of oysters is to be delivered. The permit shall specify the number of bushels to be carried out of the Commonwealth.
Code 1950, § 28-110; 1960, c. 517; 1962, c. 406, §§ 28.1-89, 28.1-96; 1964, c. 393; 1966, cc. 252, 684; 1968, c. 747; 1976, c. 255; 1981, c. 52; 1992, c. 836; 2006, c. 33; 2013, c. 38.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-547. Authority to inspect oysters when loaded on conveyance

Any officer is authorized to inspect as to the quality, size and measure of any of the oysters taken or purchased, loaded on any boat, vessel, motor vehicle, or other conveyance, or sold to any person.
Code 1950, § 28-101; 1962, c. 406, § 28.1-88; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-548. Duty to inspect

It shall be the duty of the officer in whose district a cargo of oysters is to be loaded to inspect the oysters as they are loaded and to ensure that all measurements are a full measure of oysters as defined in § 28.2-526 and that the oysters are properly culled.
Code 1950, §§ 28-103, 28-105; 1954, c. 367; 1960, c. 517; 1962, c. 406, § 28.1-90; 1992, c. 836; 2006, c. 33; 2013, c. 38.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-549. Violations; recovery of oyster resource user fees; penalties

Any person who violates any provision of this article is guilty of a Class 1 misdemeanor. Any person willfully failing to pay oyster resource user fees to the Commission in the manner required by this article is guilty of a Class 1 misdemeanor. The Commission may maintain an action at law against any person required to pay oyster resource user fees to the Commission for the amount of oyster resource user fees due, plus interest, and a penalty to be added to the oyster resource user fees in the amount of six percent if the failure is for not more than one month, with an additional six percent for each additional month, or fraction thereof, during which the failure continues, not to exceed 30 percent in the aggregate.
Code 1950, § 28-109; 1962, c. 406, § 28.1-95; 1988, c. 313; 1992, c. 836; 2013, c. 38.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-550. Authority of Commissioner to make certain contracts; funds received to be paid into Oyster Replenishment Fund

A. The Commissioner, with the approval of the Commission, may contract with any person to take or dredge submerged oyster shells or any other subaqueous materials from the tidal waters of the Commonwealth, and shall have the authority to plant, use, or sell such shells or other materials in whatever manner the Commission deems to be in the best interest of the Commonwealth.
B. The Commissioner, with the approval of the Commission, may contract with any commercial fisherman to engage in replenishment, research, and stock assessment activities in the Commonwealth. The Commission may promulgate regulations establishing criteria for awarding such contracts, including a preference for commercial fishermen actively engaged in the taking or catching of fish or shellfish who have suffered an adverse economic impact resulting from the implementation of regulations of the Commission regulating the seafood and marine resources of the Commonwealth. In determining whether a person is a commercial fisherman actively engaged in the taking or catching of fish or shellfish, the Commission shall consider, among other relevant evidence, (i) his possession of a license issued pursuant to Article 1 (§ 28.2-500 et seq.) or (ii) his voluntary reporting of shellfish catches to the Commission.
C. The Commission, when it makes a determination in writing that competitive bidding or competitive negotiation is not feasible or fiscally advantageous to the Commonwealth, may authorize other methods of purchasing and contracting for seed oysters, house shells, reef shells, shell bed turning, or other goods and services for oyster ground replenishment, including contracts with commercial fishermen for replenishment, research, and stock assessment activities as provided in subsection B, which are in the best interest of the Commonwealth and which are fair and impartial to suppliers. It may establish pricing for its awards and purchases; use selection methods by lot; and open, close, and revise its purchases according to changing conditions of the natural resources, markets, and sources of supply.
1962, c. 636, § 28.1-94.1; 1989, c. 428; 1992, c. 836; 1994, c. 541; 2013, c. 38.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-551. Surveys and reports as conclusive evidence

The surveys of the natural oyster beds, rocks, and shoals of the Commonwealth, made pursuant to Chapter 511 of the 1892 Acts of Assembly, shall continue to be the surveys defining and determining the natural oyster beds, rocks, and shoals of the Commonwealth. The surveys and reports filed in accordance with this Act of Assembly are conclusive evidence of the boundaries and limits of all the natural oyster beds, rocks, and shoals and that there are no other public oyster beds, rocks, or shoals. The surveys of the public oyster beds, rocks, or shoals of the Commonwealth referred to in this section shall not extend inshore of the mean low-water mark of such body of water, notwithstanding any surveys, plats, markers, or lines to the contrary.
Code 1950, § 28-117; 1962, c. 406, § 28.1-100; 1964, c. 624; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-551.1. Continuing or reestablishing historic Baylor Survey lines

When private leaseholds granted by the Commission or its predecessors appear within the Baylor Survey continuing pursuant to § 28.2-551 or as reestablished pursuant to § 28.2-553, if it shall be established to the satisfaction of the Commission, by petition duly filed prior to January 1, 2015, that the present or former leaseholders or their predecessors in title were granted the leaseholds within the area shown on "Atlantic Coast Chart No. 25" of the "Public Oyster Grounds, State of Virginia, 1895" in good faith more than five years previously and have made substantial improvements in such leasehold bottoms since that time, the Commission shall reestablish the lines of the Baylor Survey along the survey lines between the private leaseholds previously approved. Any notice to vacate such leaseholds shall be of no effect.
In reestablishing Baylor Survey lines pursuant to this section, the Commission may adjust the boundaries to facilitate ease of protection for the public grounds, provided that such adjustment shall neither reduce nor enlarge the area of public grounds, nor materially reduce or increase the value of the private grounds whose boundaries are being adjusted.
2014, c. 138.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-552. Resurvey on motion of Commission or on application of citizens

The Commission may select and appoint any surveyor to survey or resurvey any oyster-planting grounds either in his own or any other county, and to reestablish and permanently mark any line or lines of the Baylor survey of natural oyster rocks which the Commission finds necessary to define.
Code 1950, § 28-117; 1962, c. 406, § 28.1-100; 1964, c. 624; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-553. Reestablishment of lines of Baylor survey; procedure; evidence of reestablished lines

The Commission may reestablish, relocate, and remark all lines of the Baylor survey which cannot be otherwise relocated because of the loss or destruction of previous marks. In reestablishing any such lines, the line surveyed by Fred E. Ruediger shall be followed wherever such line exists or was surveyed. Where no former line can be reestablished the Commission may establish a new line.
When such grounds or lines have been reestablished and relocated, the reestablishment and relocation shall be conclusive evidence in all courts of the Commonwealth that such grounds are public oyster rocks, beds, or shoals and that all grounds lying outside of such boundaries are rental grounds. Plats shall be made under the direction of the Commission showing the reestablishment of such lines, and shall be recorded in the appropriate clerk's office.
Code 1950, § 28-118; 1962, c. 406, § 28.1-101; 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 › § 28.2-554. Sale of Baylor survey charts and plats

The Commissioner shall have available to sell at five dollars per copy to the public copies of the Baylor survey charts and plats, in such manner as the Commissioner may determine.
Code 1950, § 28-118; 1962, c. 406, § 28.1-101; 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 › § 28.2-555. Crossings of Baylor survey

The Department of Transportation may maintain, repair, reconstruct, or replace any existing crossings of the Baylor survey. Such authorization is granted for any Baylor survey crossing determined by the Commonwealth Transportation Board to be necessary across the Hampton Roads from Newport News to Portsmouth, across the Elizabeth River at Norfolk, and construction parallel to an existing crossing of the James River from Newport News to Isle of Wight County.
1974, c. 93, § 28.1-101.2; 1992, c. 836; 2013, cc. 585, 646.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-556. Erosion control devices within the Baylor survey

The public oyster beds, rocks, and shoals shall not include any area needed for an erosion control structure if the Commission, after considering the comments of the Virginia Institute of Marine Science and the Department of Conservation and Recreation, and any other relevant evidence, finds that: (i) shoreline erosion has occurred at the site and is expected to continue; (ii) such erosion is increasing the sediment load to public waters, causing degradation of water quality; (iii) the proposed project is a technically and environmentally acceptable way to control erosion at the site unless such Baylor ground is productive under § 28.2-630 of the Code of Virginia in which case the environmentally preferable erosion control shall be utilized; and (iv) the Commonwealth's interest in protecting water quality by controlling erosion at the site outweighs the value of the portion of the natural oyster beds, rocks, and shoals affected by the erosion control structure. Whenever the area of the natural oyster beds, rocks, and shoals is so changed, the Commission shall make the changes on its Baylor survey charts.
1988, c. 308, § 28.1-101.4; 1989, c. 656; 1992, c. 836; 2001, c. 46.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-557. Unlawful to threaten or hinder surveyor; rights of surveyor; penalty

It is unlawful for any person to threaten, resist, or in any manner interfere with a surveyor in the performance of duties relating to oyster grounds. The surveyor shall have the right to enter upon any person's lands in the performance of his duties.
A violation of this section is a Class 3 misdemeanor.
Code 1950, § 28-119; 1962, c. 406, § 28.1-102; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-558. Placing permanent markers

Whenever the Commission makes or directs any surveys of Virginia's public oyster rocks, prominent and permanent concrete markers shall be placed on the shores fixing the survey stations; and, whenever possible, prominent and permanent range markers shall be placed on the shores or lands. The Commission shall pay the cost of such markers.
Code 1950, § 28-120; 1962, c. 406, § 28.1-103; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-559. Removal of oysters planted by mistake

When, by any resurvey of oyster-planting ground or survey reestablishing the lines of the Baylor survey made under the direction of the Commission, it appears that any holder, by mistake of any employee of the Commission, has had assigned to him and included in the plat of his assignment any portion of the public oyster beds, rocks, or shoals, the holder shall file a petition with the Commission for permission to remove such oysters or shells from such ground. The Commission may allow the holder a reasonable time, not exceeding three years, within which to remove such oysters, their progeny and their shells.
Code 1950, § 28-113; 1962, c. 406, § 28.1-104; 1987, c. 43; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-560. Larceny of oysters and shells; penalty

Any person other than the holder of an oyster-planting ground or his agents or employees who goes upon such ground and takes oysters and shells is guilty of larceny.
Code 1950, § 28-114; 1962, c. 406, § 28.1-105; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-561. Removal of markers of planting grounds; penalty

It is unlawful for any person to intentionally or knowingly injure, remove, or displace any boundary oyster stake, range monument, signal beacon, post or buoy, or any part thereof, erected to designate, locate, survey, or map any shellfish grounds.
A violation of this section is a Class 3 misdemeanor.
Code 1950, § 28-121; 1962, c. 406, § 28.1-106; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 5 - Oysters and Clams › § 28.2-562. Maps to be filed; evidential value

All maps of the bays, rivers, and creeks of this Commonwealth made by the Commission showing the location of oyster-planting grounds shall be filed in the office of the Commission.
Any such map and the areas of the individual assignments of platted oyster-planting grounds shall be evidence in all the courts of this Commonwealth of all the oyster-planting grounds leased by the Commonwealth to private individuals at the time the survey and map were made.
Code 1950, § 28-122; 1962, c. 406, § 28.1-107; 1984, c. 4; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 6 - Planting Grounds › § 28.2-600. Riparian planting ground assignments; eligibility; fee

A. Any owner of land bordering on a body of water in the oyster-growing area of the Commonwealth whose shore front measures at least 205 feet at the low-water mark, who has not had as much as one-half acre of ground already assigned him on the front, or whose lease has terminated and is not to be renewed, may apply for planting grounds to the Commissioner.
The Commissioner shall assign to him only a riparian planting ground that the Commissioner, in his discretion, deems appropriate to encompass as much as one-half acre of ground, subject to the Commissioner's discretion with respect to the precise location, and provided that the ground does not encroach into an existing oyster-planting ground lease assigned under Article 2 (§ 28.2-603 et seq.). The Commissioner may consider assigning an area that the owner designates within his riparian waters. Such ground shall not exceed one-half acre, and shall not be less than 105 feet wide along the shore, beginning at low-water mark, extending out not more than 210 feet, or to the nearest edge of the channel or the middle of the body of water, whichever is the shorter distance.
B. Upon the transfer of a lease, a ground shall be assigned only within an area deemed appropriate by the Commissioner to encompass as much as one-half acre of ground within the landowner's riparian waters.
C. The grounds shall be surveyed, plotted, marked, assigned, and recorded as provided for assignments to persons in Article 2 (§ 28.2-603 et seq.).
D. Any riparian assignment that was duly recorded in the clerk's office of the county or city where the grounds are located, or at the Commission office prior to July 1, 1986, shall continue in effect.
Code 1950, §§ 28-39, 28-123; 1950, p. 987; 1952, c. 649; 1956, c. 586; 1958, c. 184; 1960, c. 517; 1962, c. 406, §§ 28.1-44, 28.1-108; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1976, c. 256; 1978, c. 548; 1984, cc. 100, 244, 259; 1986, cc. 168, 184; 1992, c. 836; 2019, cc. 152, 164.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 6 - Planting Grounds › § 28.2-601. Riparian assignments; entitlements; obligations

The riparian leaseholder shall have the exclusive right to the use of such ground for planting or gathering oysters and clams.
The assignment made pursuant to § 28.2-600 shall pass with the transfer of the adjacent highland to the subsequent owner of highland and cannot be held separated from the highland. A transfer of highland ownership shall require a transfer of the riparian assignment within 18 months after the transfer of the highland ownership under the following conditions:
1. The application for transfer shall be in the form prescribed by the Commission and shall be filed with the Commissioner.
2. The Commissioner shall require a new survey if there is not a survey of the exact parcel or parcels of grounds to be transferred.
3. The cost of any new surveys required under this section shall be borne by the person making the transfer, and the cost and fees shall be the same as for surveys of general oyster-planting ground.
4. The application shall be accompanied by a transfer fee of $5.
5. The Commissioner shall return the approved application for transfer and plat with any correction to the applicant. A copy of the transfer and plat shall be recorded at the Commissioner's office.
6. If no application for transfer is received by the Commissioner within 18 months after the transfer of the highland ownership, the riparian assignment shall become vacant and open to assignment.
Code 1950, § 28-123; 1950, p. 987; 1956, c. 586; 1958, c. 184; 1960, c. 517; 1962, c. 406, § 28.1-108; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1976, c. 256; 1978, c. 548; 1984, cc. 100, 244, 259; 1986, c. 168; 1992, c. 836; 2023, cc. 743, 786.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 6 - Planting Grounds › § 28.2-602. Riparian assignments; special terms and conditions

The provisions of this article apply to all Virginia counties and cities bordering on bodies of water in oyster-growing areas, except they shall not apply to riparian lands located above the James River bridge in the James River or its tributaries. In any Virginia county or city where more than one-half acre of ground per waterfront tract has been assigned to a riparian owner, the ground in excess of one-half acre shall be ground held under a regular lease and assignment, and not a riparian assignment.
For Northampton County, however, § 6 of Chapter 254 of the 1883-1884 Acts of Assembly, not this article, shall govern the quantity of land to be assigned to and held by riparian owners. Nothing in this article authorizes a rental of a lesser amount per acre than that provided by law for riparian owners in Northampton County of the land assigned them as such riparian owners. Nothing in the section which restores to riparian owners in Northampton County one-fourth of their waterfronts suitable for planting oysters, permits the owners of waterfronts to compel occupants of the fronts to remove their oysters from any fourth of the shores, if the residue of the shore is already in the landowner's possession or is unoccupied.
Riparian landowners may erect wharves, landings, or other structures as otherwise permitted by law.
Code 1950, § 28-123; 1950, p. 987; 1956, c. 586; 1958, c. 184; 1960, c. 517; 1962, c. 406, § 28.1-108; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1976, c. 256; 1978, c. 548; 1984, cc. 100, 244, 259; 1986, c. 168; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 6 - Planting Grounds › § 28.2-603. General oyster planting grounds

Waterfront that is not already assigned or reserved for the riparian owners, and the beds of the bays, rivers, and creeks and shores of the sea lying outside the limits of navigation projects adopted and authorized by the Congress and not required for the disposal of materials dredged incident to the maintenance of such projects, and grounds other than public oyster beds, rocks, or shoals, as defined by law and included in the Baylor survey, may be occupied for the purpose of planting or propagating oysters, including the use of temporary protective enclosures in compliance with this chapter and Commission regulations, and may be leased by the Commissioner upon the receipt of a proper application.
Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, § 28.1-109(1); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1986, c. 171; 1992, c. 836; 2007, cc. 28, 170; 2010, c. 27; 2011, c. 314.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 6 - Planting Grounds › § 28.2-603.1. Temporary enclosures on leased ground

The Commission shall, pursuant to its authority to regulate marine fisheries and commercial fishing, establish a general permit regulation authorizing the use of temporary protective enclosures to grow shellfish on grounds leased pursuant to § 28.2-603. In developing the general permit, the Commission shall consider those factors set forth in subsection A of § 28.2-1205. In addition to such other requirements as the Commission may prescribe for the protection of public safety, navigation, natural resources, and the environment, the general permit shall include the following provisions:
1. Leaseholders shall comply with any Commission requirements pertaining to aquaculture licensing;
2. Enclosures shall be constructed of nontoxic materials;
3. Leaseholders shall not place enclosures (i) in or upon submerged aquatic vegetation, (ii) in any marked navigation channel or in any other area that would create a hazard, or (iii) in any area that would impede customary access to navigable waters from any riparian property, public or commercial landing, or marina facility;
4. The location of enclosures shall be clearly marked to alert boaters and to allow the leaseholder or other authorized persons to retrieve the enclosures if necessary. The general permit regulation shall specify acceptable means and devices for complying with this requirement;
5. Leaseholders shall maintain a list identifying those leases on which enclosures are placed during the term of the lease and provide, upon request, a current copy of the list to authorized representatives of the Commission. Leaseholders shall also submit such list to be filed with any application for lease renewal made pursuant to § 28.2-613;
6. Leaseholders shall promptly remove any enclosure that is not actively in use for the planting and propagating of shellfish, and, upon expiration or termination of a lease or of the leaseholder's aquaculture license, the leaseholder shall promptly remove all enclosures placed on the leasehold; and
7. At his discretion, the Commissioner may order the removal or relocation of any enclosure that interferes with navigation, creates a hazard, or otherwise fails to comply with the conditions of the general permit.
2007, cc. 28, 170.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 6 - Planting Grounds › § 28.2-603.2. Commissioner to provide notice

A. At least 30 days before placing temporary protective enclosures on a leasehold pursuant to § 28.2-603.1, the leaseholder shall provide written notification to the Commissioner that identifies the leasehold, the approximate maximum number of enclosures to be placed on the leasehold at any given time, and the estimated date such placement will begin. No later than 30 days after receiving such notification, the Commissioner may publish notice of the proposed placement in a newspaper of general circulation serving the area in which the leasehold is located. In determining whether to publish such notice, the Commissioner shall consider the potential effect on existing uses of waters proximate to the leasehold and the potential for conflict between the proposed placement and such uses. The public notice shall invite written comment on the proposed placement and include information concerning the submission of written comments. The Commission may receive written comments for no more than 30 days following publication of notice.
B. If, on the basis of written comments, the Commissioner finds significant and substantive opposition from persons residing on or using the waters proximate to the leasehold, the Commissioner shall convene a public meeting on the proposal no more than 30 days after the close of the comment period. No later than 15 days after the public meeting, the Commissioner shall (i) approve the proposal, (ii) approve the proposal with conditions, or (iii) deny the proposal. If the Commissioner denies the proposal, the leaseholder may request approval of the proposal before a hearing of the Commission.
C. If the Commissioner determines not to publish public notice, the Commissioner shall, no later than 30 days after receiving written notification of the proposal, advise the leaseholder to proceed in accordance with the requirements of the general permit. If the Commissioner publishes public notice but does not find significant and substantive opposition by persons residing on or using the waters to the leasehold, the Commissioner shall, no later than 15 days after the close of the comment period, advise the leaseholder to proceed in accordance with the requirements of the general permit.
2007, cc. 28, 170.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 6 - Planting Grounds › § 28.2-604. Eligible applicants

Application for assignment of general oyster-planting ground may be made by (i) any resident of the Commonwealth, (ii) any county, municipality, or political subdivision of the Commonwealth, or (iii) any firm, or corporation chartered under the laws of this Commonwealth for the purpose of oyster culture and the oyster business provided that at least sixty percent of the stock of any such corporation is wholly owned by residents of the Commonwealth.
Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, § 28.1-109(2); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1986, c. 171; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 6 - Planting Grounds › § 28.2-605. Application for assignment

All applications for assignment of general oyster-planting grounds shall be made in writing, in duplicate, to the Commission. Applications shall be considered in the same order in which they are received, except that no application for any ground then under lease shall be valid for that portion under lease. The application shall state, as nearly as possible, the number of acres applied for and definite location, with the name of one or more prominent points or objects adjacent to such ground. It shall be the duty of any resident, firm, or corporation desiring to obtain a location for planting or propagating oysters to apply to have the location determined, designated, surveyed, and assigned.
Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, § 28.1-109(3); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1986, c. 171; 1992, c. 836.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 6 - Planting Grounds › § 28.2-606. Notice of application

A. Notice of the application shall be posted by the Commission for not less than 30 days on its website and the Virginia Regulatory Town Hall website. The Commission shall provide by registered or certified mail written notice of its receipt of the application to (i) the mailing address of the holder of a current lease for any oyster planting ground that is contiguous to the ground applied for and (ii) the last known address, as shown on the current real estate tax assessment book or records, of the owner of any riparian property located within 200 feet of the ground applied for. The provision of notice to the governing board of an association for a common interest community as defined in § 54.1-2345 shall be deemed adequate to notify all associated unit owners or lot owners.
B. The Commission shall publish notice of the application at least once in a newspaper of general circulation in the area in which the ground applied for lies. In the event that the Commission submits a correct and timely notice for publication and the newspaper fails to publish the notice or publishes the notice incorrectly, the Commission shall be deemed to have met the notice requirements of this section so long as the notice is published in the next available edition of such newspaper.
C. Notice provided pursuant to this section shall invite and provide information about the submission of written comments on the application. The cost of the notice required by this section shall be borne by the applicant.
Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, § 28.1-109(4); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1992, c. 836; 2017, cc. 250, 798; 2023, c. 195.
2023 Code of Virginia › Title 28.2 - Fisheries and Habitat of the Tidal Waters › Chapter 6 - Planting Grounds › § 28.2-607. Survey and marking of ground

If a protest is not filed in the Commission office within 60 days after posting of the notice of application, the Commissioner shall select a surveyor to survey the grounds and make a plat in duplicate. The surveyor shall forward the plat of survey to the Commissioner. If no protest to the application or surveying of ground is made within 30 days after the plat of survey is recorded in the Commissioner's office, the ground applied for shall be assigned provided that:
1. The application and assignment complies with all applicable provisions of law and, in the judgment of the Commissioner, the assignment is in the public interest. In making that determination, the Commissioner shall consider (i) the factors set out in subsection A of § 28.2-1205 and (ii) the public benefits and impacts of shellfish aquaculture.
2. All fees and costs and the annual rent have been paid for the lease of the ground. The ground shall be marked at the expense of the applicant.
The grounds shall be marked in accordance with Commission regulations for marking oyster grounds.
Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, § 28.1-109(6); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1992, c. 836; 2019, c. 164.