Code of Virginia
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.

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