Part III. Pertaining to the Taking or Catching of Soft Shell Clams from Public or Unassigned Grounds
4VAC20-70-60. Dredge prohibited.
It shall be unlawful for any person to take or catch soft shell clams from any unassigned ground in the tidal waters of the Commonwealth by the use of a dredge.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0010 § 3.1, Virginia Register Volume 11, Issue 19, eff. May 2, 1995.
4VAC20-70-70. License required for use of a hydraulic dredge on public ground.
A. It shall be unlawful for any person, other than an employee of the commission or the Virginia Institute of Marine Science while conducting tests or experiments, to take or catch soft shell clams from any public grounds in the tidal waters of the Commonwealth by the use of a dredge without first obtaining (i) a soft shell clam dredge license for each boat used for such purpose and (ii) a permit for each boat and operator thereof.
B. Any person desiring to take or catch soft shell clams from the public grounds by the use of a hydraulic dredge shall apply to the officer in charge of the district, in writing, describing the area and requesting the privilege to dredge the specific area.
C. Each application shall be reviewed by the commission. The commission shall conduct a public hearing to determine the suitability of the area for the production of oysters, and shall make such further investigations and studies as in its discretion it deems necessary. If the commission deems it wise to permit dredging of soft shell clams in such an area, the area must be surveyed and marked by the commission before a license and permit is issued.
D. If the application is approved by the commission, no person shall have the exclusive use of the area for taking or catching soft shell clams by hydraulic dredge. The area shall be open to the general public for such a purpose provided each person obtains the necessary license and permit and complies with all other provisions of this chapter.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0010 § 3.2, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 22, Issue 4, eff. December 1, 2005; Volume 31, Issue 23, eff. July 1, 2015.
4VAC20-70-80. Additional permit required for use of a hydraulic dredge on public ground.
A. After the license is issued by the officer in charge of the district, and before the licensee may begin to operate the hydraulic dredge, the licensee shall obtain from the officer in charge of the district a separate and individual permit which combines the identification of the approved area, boat and the operator thereof. An additional permit shall be obtained from the officer in charge of the district each time there is any change in operations which does not comply with the provisions in the original permit.
B. The license and permit shall at all times be on board the boat available for inspection by any officer.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0010 § 3.3, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 31, Issue 23, eff. July 1, 2015.
4VAC20-70-90. Operation of a hydraulic dredge on public ground.
It shall be unlawful to operate a hydraulic dredge in the nighttime between the hours of sunset and sunrise, or on Saturday or Sunday, for the catching of soft shell clams from public ground.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0010 § 3.4, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 31, Issue 23, eff. July 1, 2015.