Section 60. Penalty

A. 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.

B. In addition to the penalties prescribed by law, any person violating 4VAC20-560-50 D shall immediately return all harvested shellfish to the Broodstock Management Area, shall cease harvesting on that day, shall be required to appear before the Marine Resources Commission pursuant to any violation, and all harvesting apparatus shall be subject to seizure.

C. The Marine Resources Commission may revoke the permit of any person convicted of a violation of this chapter.

D. All clams in any container or pile found in violation of 4VAC20-560-50 F shall be returned to the water by the clammer as directed by the marine police officer.

Historical Notes

Derived from VR450-01-0073 § 6, eff. September 9, 1991; amended, Volume 09, Issue 10, eff. January 1, 1993; Volume 10, Issue 09, eff. January 1, 1994; Volume 11, Issue 14, eff. March 9, 1995; Volume 13, Issue 18, eff. May 1, 1997; Volume 31, Issue 25, eff. August 1, 2015.

Statutory Authority

§ 28.2-201 of the Code of Virginia.