Section 40. 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 penalty prescribed by law, any person violating any provision of this chapter shall destroy, in the presence of a marine police officer, all shellfish in his possession, or, at the direction of the marine police officer, shall place the shellfish overboard on the nearest oyster sanctuary or closed shellfish area, and shall cease harvesting on that day. All harvesting apparatus may be subject to seizure, and, pursuant to § 28.2-232 of the Code of Virginia, all licenses and permits may be subject to revocation following a hearing before the Virginia Marine Resources Commission.

Historical Notes

Derived from VR450-01-0085 § 4, eff. March 1, 1993; amended, Volume 11, Issue 17, eff. April 14, 1995; Volume 20, Issue 06, eff. November 1, 2003; Volume 24, Issue 04, eff. October 1, 2007; Volume 27, Issue 03, eff. October 1, 2010.

Statutory Authority

§ 28.2-201 of the Code of Virginia.