Code of Virginia
Chapter 5 - Oysters and Clams
§ 28.2-524. Taking oysters or clams in certain areas; limitations

The Commission, in order to protect and promote the oyster or clam fishery, may open and close the following areas, or any parts thereof, for the taking of oysters or clams or prescribe the manner, method, size, and season of oyster or clam catch:
1. That portion of Pocomoke Sound and Tangier Sound contained within the boundaries of a line commencing at buoy "A" on the Commonwealth of Virginia and State of Maryland line, thence 114° true 2.17 miles to Long Point, thence 137° true 3.40 miles to beacon number "2" off Ebb Point, thence 208° true 2.15 miles to beacon number "2" off Halfmoon Point, thence 216° true 1.78 miles to beacon number "11" off Deep Creek, thence 285° true 2.67 miles to beacon number "1" off Camp Island, thence 238° true 1.77 miles to beacon number "6" off Beach Island, thence 155° true 2.75 miles to beacon number "2" off Chesconessex Creek, thence 223° true 2.49 miles to beacon number "1" off Ware Point, thence 275° true 3.13 miles to bell buoy number R "2," thence 276° true 7.08 miles to can buoy number C "34," thence 049° true 3.09 miles to can buoy number C "1," thence 049° true 1.73 miles to Tangier Island Light House, thence 011° true 2.70 miles to beacon number "3" off Tangier Island, thence 319° true 0.62 miles to beacon number "1" off Tangier Island, thence 332° true 3.15 miles to mean low-water mark on North East point on Fishbone Island, thence 005° true 2.68 miles to mean low-water mark on south end of Horse Hammock, thence following mean low water northerly to the State of Maryland and the Commonwealth of Virginia line, thence, following the Maryland and Virginia state boundary line back to the point of beginning.
The Commission shall also have authority over the area as contained within the boundaries of a line commencing at buoy "A" on the Commonwealth of Virginia and State of Maryland line; thence, in a northeasterly direction approximately 1.74 miles along the said Virginia-Maryland line to a point which is approximately 260 feet northeast of buoy "C" on said line; thence, in a southwesterly and southern direction along the eastern boundary line of Public Ground No. 12 and Public Ground No. 13 approximately 1.73 miles to the northern line of the Fisheries Management Area running from buoy "A" to Long Point; thence, in a northwesterly direction approximately 1.07 miles to buoy "A" and point of beginning.
2. That portion of Chesapeake Bay between Smith Point and Windmill Point contained within the boundaries of a line commencing at Smith Point Lighthouse, thence southerly through a line of nun buoys numbered "C79," "C77," "C73," "C71," "C69," "C67," "C65," to a beacon designated BR "R," all as they are now positioned or as they may be subsequently repositioned by the United States Coast Guard, thence northwesterly to Windmill Point Lighthouse, thence continuing northwesterly along a sector line to the mean low-water line on Windmill Point, thence northerly along the mean low-water line around Fleets Island to a point which is south of a beacon numbered 5M, thence north to the beacon numbered 5M, thence northeasterly to a beacon numbered 6M"B," thence northerly to corner 4 of Public Ground No. 28, thence along the western and northern line of Public Ground No. 28 through corners 3, 2 and 1 to corner 8 thereof, thence northeasterly to corner 1 of Public Ground No. 29, thence along the western and northern line of Public Ground No. 29 through corner 4 thereof to an intersection point of Public Ground No. 29 and Public Ground No. 117, thence northerly to the mean low-water line on Bull Neck, thence northerly along the mean low-water line to Smith Point, thence southeasterly to Smith Point Lighthouse, the point of beginning.
3. That portion of Piankatank River contained within the boundaries of a line commencing at the southern-most point of Stove Point; thence, in a southeasterly direction to the extreme northwestern-most point of Gwynn Island known as Cherry Point; thence, in a southwesterly direction along the shoreline of Gwynn Island to the No. 3 light at the mouth of Narrows Point; thence, in a northwesterly direction to No. 10 light at Stove Point; thence, in a northeasterly direction to Stove Point and the point of beginning.
1978, c. 85, §§ 28.1-128.1, 28.1-128.3, 28.1-128.4; 1981, cc. 52, 63; 1982, c. 77; 1984, cc. 224, 242; 1992, c. 836.

Structure Code of Virginia

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

§ 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

§ 28.2-517. Marking ground

§ 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

§ 28.2-523. Penalty

§ 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

§ 28.2-539. Repealed

§ 28.2-541. Oyster resource user fees

§ 28.2-542. Oyster Replenishment Fund

§ 28.2-543. Repealed

§ 28.2-545. Reserved

§ 28.2-546. Permit to carry oysters out of state

§ 28.2-547. Authority to inspect oysters when loaded on conveyance

§ 28.2-548. Duty to inspect

§ 28.2-549. Violations; recovery of oyster resource user fees; penalties

§ 28.2-550. Authority of Commissioner to make certain contracts; funds received to be paid into Oyster Replenishment Fund

§ 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

§ 28.2-561. Removal of markers of planting grounds; penalty

§ 28.2-562. Maps to be filed; evidential value