Section 40. Culling tolerances or standards

A. In the clean cull areas, if more than a four-quart measure of any combined quantity of oysters less than three inches and shells of any size are found in any bushel or basket inspected by any police officer, it shall constitute a violation of this chapter, except as described in 4VAC20-260-30 E.

B. In the James River seed areas, if more than a six-quart measure of shells is found in any bushel or basket of seed oysters inspected by any police officer, it shall constitute a violation of this chapter.

C. In the James River seed areas, if more than a four-quart measure of any combined quantity of oysters less than three inches and shells of any size are found in any bushel or basket of clean cull oysters inspected by any police officer, it shall constitute a violation of this chapter.

D. From the seaside of the Eastern Shore, if more than a four-quart measure of any combined quantity of oysters less than three inches and shells of any size are found per bushel or basket of clean cull oysters inspected by any police officer, it shall constitute a violation of this chapter.

E. Any oysters less than the minimum cull size or any amount of shell that exceeds the culling standard shall be returned immediately to the natural beds, rocks, or shoals from where they were taken.

F. Oysters less than the minimum cull size that are adhering so closely to the shell of any marketable oyster as to render removal impossible without destroying the oysters less than the minimum cull size need not be removed, and those oysters shall be considered lawful and shall not be included in the culling tolerances or standards as described in subsections A through D of this section.

G. It shall be unlawful for any person to sell any oysters less than the minimum cull size as described in this section.

Historical Notes

Derived from VR450-01-0035 § 4, eff. October 1, 1985; amended, Volume 03, Issue 05, eff. October 29, 1986; Volume 03, Issue 13, eff. March 9, 1987; Volume 04, Issue 01, eff. September 1, 1987; Volume 10, Issue 04, eff. October 15, 1993; Volume 10, Issue 14, eff. February 23, 1994; Volume 11, Issue 17, eff. April 14, 1995; Volume 15, Issue 03, eff. October 1, 1998; Volume 24, Issue 04, eff. October 1, 2007; Volume 25, Issue 06, eff. November 1, 2008; Volume 27, Issue 03, eff. October 1, 2010; Volume 29, Issue 03, eff. October 1, 2012; Volume 30, Issue 03, eff. October 1, 2013; Volume 30, Issue 06, eff. November 1, 2013; Volume 30, Issue 13, eff. February 1, 2014; Volume 31, Issue 02, eff. October 1, 2014.

Statutory Authority

§ 28.2-201 of the Code of Virginia.