A. It shall be unlawful for any person to import any fish, shellfish or crustacea into the Commonwealth with the intent of placing such fish, shellfish or crustacea into the waters of the Commonwealth unless one of the following conditions exists:
1. The fish, shellfish or crustacea are coming from within the continental United States from a state or waters which are on the Marine Resources Commission's list of approved states and waters, and are species which are on the Marine Resources Commission's list of approved species; or
2. The person has notified the Commissioner of Marine Resources of such intent and has received written permission from the Commissioner of Marine Resources.
The list of approved states and waters shall be published by the Commissioner of Marine Resources, and a state or water shall be placed on or removed from such list only with the concurrence of the Director of the Virginia Institute of Marine Science. The Commissioner of Marine Resources, with the concurrence of the Director of the Virginia Institute of Marine Science, is authorized to change the list when he determines that it is necessary for the protection of the waters of the Commonwealth.
The list of approved species shall be published by the Commissioner of Marine Resources, and a species shall be placed on or removed from such list only with the concurrence of the Director of the Virginia Institute of Marine Science. The Commissioner of Marine Resources, with the concurrence of the Director of the Virginia Institute of Marine Science, is authorized to change the list when he determines that it is necessary for the protection of the waters of the Commonwealth.
B. The notification of intent to import shall be in writing and submitted to the Commissioner of Marine Resources at least thirty days prior to the date of importation. The notice shall state: (i) the specific fish, shellfish or crustacea to be imported, (ii) from what waters the fish, shellfish or crustacea are being taken, (iii) the period of time over which importation is to be accomplished, (iv) the quantities involved, and (v) into what waters the fish, shellfish or crustacea are to be placed.
A violation of this section is a Class 1 misdemeanor.
1974, c. 327, § 28.1-183.2; 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