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Administrative Code

Virginia Administrative Code
11/21/2024

Chapter 1020. Pertaining to Bay Scallops

4VAC20-1020-10. Purpose.

The purpose of this chapter is to conserve and protect beds of bay scallops in Virginia waters until such time this resource can support a sustainable fishery.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 15, Issue 12, eff. February 2, 1999.

4VAC20-1020-20. Definitions.

The following term when used in this regulation shall have the following meaning unless the context clearly indicates otherwise:

"Bay scallop" means any scallop of the species Argopecten irradians.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 15, Issue 12, eff. February 2, 1999.

4VAC20-1020-30. Moratorium.

A. It shall be unlawful for any person to take, harvest, possess or attempt to take or harvest any bay scallop from Virginia waters, except as described in subsection B of this section.

B. It shall be lawful to take or possess hatchery raised bay scallops from any aquaculture facility.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 15, Issue 12, eff. February 2, 1999.

4VAC20-1020-40. 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 Virginia Register Volume 15, Issue 12, eff. February 2, 1999.

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