Administrative Code

Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 20. Marine Resources Commission
3/29/2020

Chapter 590. Pertaining to the Taking of Hard Clams

4VAC20-590-10. Purpose.

The purpose of this chapter is to prohibit clammers who possess permits to harvest relay clams from working in clean waters, without first obtaining authorization from Marine Resources Commission law enforcement. The possibility of mixing relay clams with clean clams will therefore be eliminated. In addition, a maximum size limit is established for the conservation of brood stock.

Statutory Authority

§§ 28.2-201 and 28.2-810 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0077 § 1, eff. June 15, 1992; amended, Virginia Register Volume 10, Issue 9, eff January 1, 1994; Volume 11, Issue 17, eff. April 14, 1995.

4VAC20-590-20. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Chowder clam" means any hard clam that cannot pass through a 2-7/8 inch inside diameter culling ring.

"Operations Office" means Marine Resources Commission Law Enforcement Operations Office.

Statutory Authority

§§ 28.2-201 and 28.2-810 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0077 § 2, eff. June 15, 1992; amended, Virginia Register Volume 10, Issue 9, eff. January 1, 1994; Volume 11, Issue 17, eff. April 14, 1995.

4VAC20-590-30. Special permit restrictions.

A. During the relay season, it shall be unlawful for any person possessing a permit for relay clam harvest as required by § 28.2-810 of the Code of Virginia, to harvest clams from clean waters without first obtaining authorization from the Operations Office.

B. Any clammer who has been issued a permit for relay clams, shall notify the Operations Office before his boat leaves the dock, either by marine radio (channel 17) or by telephone (1-800-541-4646, (804) 247-2265 or (804) 247-2266), of his intent to patent tong clams in a nonrestricted area on that day. Each permitted clammer shall provide the Operations Office with his name, relay permit number, boat name, present location (for possible verification), departure time, destination and buyer to whom the clams will be sold.

C. Each permitted clammer shall also notify the Operations Office at the time his boat returns to the dock and furnish his catch count.

Statutory Authority

§§ 28.2-201 and 28.2-810 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0077 § 3, eff. June 15, 1992; amended, Virginia Register Volume 10, Issue 9, eff. January 1, 1994; Volume 11, Issue 17, eff. April 14, 1995.

4VAC20-590-40. Allowance for chowder clams; return of containers of clams in violation.

A. It shall be unlawful to possess any amount of hard clams taken from restricted areas which consists of more than 10% chowder clams by number. The 10% allowance shall be measured by the Marine Patrol Officer from each container or pile of clams.

B. All clams in any container or pile found in violation of this chapter shall be returned to the water by the clammer as directed by the Marine Patrol Officer.

Statutory Authority

§§ 28.2-201 and 28.2-810 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0077 § 4, eff. June 15, 1992; amended, Virginia Register Volume 10, Issue 9, eff. January 1, 1994; Volume 11, Issue 17, eff. April 14, 1995.

4VAC20-590-50. 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 and 28.2-810 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0077 § 5, eff. June 15, 1992; amended, Virginia Register Volume 10, Issue 9, eff. January 1, 1994; Volume 11, Issue 17, eff. April 14, 1995.



Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.