Administrative Code

Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 20. Marine Resources Commission
4/4/2020

Chapter 100. Pertaining to the Taking of Clams on Seaside of Eastern Shore

4VAC20-100-10. Purpose.

The purpose of this chapter is to promote the welfare of the seafood industry by conserving the hard clam resource and the habitat necessary for continued health and productivity of the hard clam and other marine resources.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0013 § 1, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.

4VAC20-100-20. Hydraulic method prohibited.

It shall be unlawful for any person to dig, take, catch or harvest hard clams from the subaqueous soil owned by the Commonwealth of Virginia on the seaside of Accomack and Northampton Counties by hydraulic methods, or by the operation of a motor boat in such a manner that the hard clams are dug, or washed, from the bottom by the action of the propeller of such motor boat; but this chapter shall not apply to privately-owned oyster leases.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0013 § 2, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.

4VAC20-100-30. Penalty.

As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violation is a Class 1 misdemeanor.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0013 § 3, Virginia Register Volume 11, Issue 25, eff. August 3, 1995.



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