A. For the purpose of carrying out the provisions of this chapter, the State Health Commissioner and the Commissioner of Marine Resources or their designees may enter any establishment located in the Commonwealth, where crustacea or shellfish may be found, and if it appears that any provision of this chapter has been violated, may, with or without a warrant, arrest any person who is or has been, or is believed to be or have been, in charge of the crustacea or shellfish and may seize, in the name of the Commonwealth, and take possession of such crustacea or shellfish.
B. The State Health Commissioner and the Commissioner of Marine Resources, or their designees, may seize and take possession of any boat, vessel, barge, car, motor vehicle or other conveyance used in violation of any provision of this chapter. Such boat, vessel, barge, car, motor vehicle or other conveyance may be held only until the accused has been admitted to bail as provided by Chapter 9 (§ 19.2-119 et seq.) of Title 19.2 or has been served with and released on summons.
C. When any crustacea or shellfish of an accused are seized pursuant to the provisions of this section, they may be destroyed at the discretion of the State Health Commissioner, the Commissioner of Marine Resources or their designees. If the accused is acquitted of the charges, he shall be compensated for their value, based on the average selling price on the day of seizure.
Code 1950, § 28-166; 1962, c. 406, § 28.1-183; 1966, c. 684; 1989, c. 2; 1992, c. 836.
Structure Code of Virginia
Title 28.2 - Fisheries and Habitat of the Tidal Waters
Chapter 8 - Health and Sanitation Provisions
§ 28.2-801. Authority to promulgate regulations; enforcement
§ 28.2-803. Examination, analysis and inspection
§ 28.2-804. Polluted ground; crustacea, finfish or shellfish
§ 28.2-805. Notice to cease activity
§ 28.2-806. State Health Commissioner to establish standards
§ 28.2-807. Condemnation of polluted growing area; procedure
§ 28.2-808. Periods of condemnation
§ 28.2-809. Emergency closing of ground
§ 28.2-810. Removal, transportation, etc., from polluted ground; penalty
§ 28.2-811. Permits for transporting, relaying or depurating; revocation
§ 28.2-812. Sealing motor vehicles used in transporting
§ 28.2-813. Maintenance of records
§ 28.2-814. Submission of reports
§ 28.2-815. Application for special permit
§ 28.2-816. Supervision of removal, relaying or depuration; seasons established
§ 28.2-817. Displaying identification when transporting shellfish
§ 28.2-818. Identification of relay areas
§ 28.2-819. Movement and unloading of shellfish from condemned area
§ 28.2-820. Harvesting, transporting, handling or transplanting of seed-stock shellfish
§ 28.2-821. Violations; penalty
§ 28.2-822. Suspension or revocation of licenses
§ 28.2-823. Certification of shellfish from outside the Commonwealth