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.
Structure Code of Virginia
Title 28.2 - Fisheries and Habitat of the Tidal Waters
§ 28.2-500. Residency and certain oyster licenses
§ 28.2-501. Application for license to take or catch oysters or clams
§ 28.2-502. License fees for taking oysters or clams in tidal waters
§ 28.2-503. License for taking clams with tongs
§ 28.2-504. License fee graduated; penalty
§ 28.2-505. Sale of shells to Commission
§ 28.2-506. Season for taking oysters from public rocks; penalty
§ 28.2-507. Opening and closing public rocks
§ 28.2-508. Prohibited area for patent tongs; penalty
§ 28.2-509. Maximum weight for patent tongs; teeth length; penalty
§ 28.2-510. Buying, selling, or possessing unculled oysters; penalty
§ 28.2-511. Culling oysters; penalty
§ 28.2-512. Interfering with oyster inspections; penalty
§ 28.2-513. Prima facie evidence of culling violation; defense
§ 28.2-514. Possession of shucked oysters; penalty
§ 28.2-515. Dredging or scraping on private ground; permit required
§ 28.2-516. Oyster dredging or oyster dredging equipment on boat; penalty
§ 28.2-518. Dredging for oysters in James River; penalty
§ 28.2-519. Use of rakes or scrapes on ocean side of Eastern Shore; penalty
§ 28.2-520. Use of hydraulic dredges prohibited; exceptions; penalty
§ 28.2-521. Revocation of license or permit to dredge
§ 28.2-522. Prima facie evidence of violation
§ 28.2-524. Taking oysters or clams in certain areas; limitations
§ 28.2-525. Fishing in Chesapeake Bay immediately west of Tangier Island
§ 28.2-526. Oyster measures; standards; penalty
§ 28.2-527. Theft of oysters, clams, shells, etc.; penalty
§ 28.2-528. Revocation of licenses for theft of oysters
§ 28.2-529. Converting shells into lime; penalty
§ 28.2-530. Taking oysters or loading on vessel on Sunday or at night; penalty
§ 28.2-531. Taking clams on Sunday or at night; exception; penalty
§ 28.2-532. Protection of oysters and clams of Virginia; labeling; penalty
§ 28.2-533. Oysters on crab dredging boat; penalty
§ 28.2-534. Possession of oysters while taking clams; penalty
§ 28.2-535. Permit to buy or carry seed oysters from certain grounds; penalty
§ 28.2-536. Taking clams in certain areas; penalty
§ 28.2-537. Restriction on size of clams; penalty
§ 28.2-538. Record of oysters handled; penalty
§ 28.2-541. Oyster resource user fees
§ 28.2-542. Oyster Replenishment Fund
§ 28.2-546. Permit to carry oysters out of state
§ 28.2-547. Authority to inspect oysters when loaded on conveyance
§ 28.2-549. Violations; recovery of oyster resource user fees; penalties
§ 28.2-551. Surveys and reports as conclusive evidence
§ 28.2-551.1. Continuing or reestablishing historic Baylor Survey lines
§ 28.2-552. Resurvey on motion of Commission or on application of citizens
§ 28.2-553. Reestablishment of lines of Baylor survey; procedure; evidence of reestablished lines
§ 28.2-554. Sale of Baylor survey charts and plats
§ 28.2-555. Crossings of Baylor survey
§ 28.2-556. Erosion control devices within the Baylor survey
§ 28.2-557. Unlawful to threaten or hinder surveyor; rights of surveyor; penalty
§ 28.2-558. Placing permanent markers
§ 28.2-559. Removal of oysters planted by mistake
§ 28.2-560. Larceny of oysters and shells; penalty