Part V. Penalty and Sanctions
4VAC20-70-150. Penalty.
A. Except as provided in subsections B and C of this section, as set forth below 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.
B. As set forth in § 28.2-520 of the Code of Virginia, and reiterated in 4VAC20-70-110, any person using a hydraulic dredge to take hard shell clams from any tidal waters of the Commonwealth shall be guilty of a Class 1 misdemeanor.
C. As set forth in § 28.2-531 of the Code of Virginia, and reiterated in part in 4VAC20-70-50 A, 4VAC20-70-90, and 4VAC20-70-120 C, any person taking clams from public, unassigned, or leased ground during the hours from sunset to sunrise or on Sunday, and not otherwise excepted by § 28.2-531 of the Code of Virginia, shall be guilty of a Class 3 misdemeanor; provided, however, that any person violating the additional provisions of (i) no use of a hydraulic dredge on Saturday for the catching of soft shell clams from public or unassigned ground imposed by 4VAC20-70-90 and (ii) no use of a conventional dredge between the hours of one hour before sunset and one hour after sunrise for the catching of hard shell clams from unassigned grounds imposed by 4VAC20-70-120 shall be subject to the penalty set forth in § 28.2-903 of the Code of Virginia.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0010 § 5.1, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 14, Issue 8, eff. January 1, 1998.
4VAC20-70-160. Suspension and revocation of license.
If any person is found operating a dredge in violation of any of the provisions of this chapter, including operating outside of an approved lease or operating outside of an approved marked area, any officer may immediately suspend the permit, and the boat operator shall surrender the permit to the officer upon request. Any such suspension shall continue in full force and effect until reviewed by the commission in accordance with § 28.2-521 of the Code of Virginia. Such review shall be held not later than 40 days after such suspension. After such review, the commission shall determine whether or not to revoke the permit as provided by § 28.2-521 of the Code of Virginia or reinstate the permit.
Statutory Authority
§ 28.2-201 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0010 § 5.2, Virginia Register Volume 11, Issue 19, eff. May 2, 1995.