Section 30. 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 provisions of this chapter shall return all oysters in his possession to the water and shall cease harvesting on that day. All harvesting apparatus shall be subject to seizure, and pursuant to § 28.2-232 of the Code of Virginia, anyone found in violation of this chapter shall be subject to the immediate forfeiture of all oyster licenses and permits until that person appears before the Marine Resources Commission.

C. In addition to the penalty prescribed by § 28.2-802 of the Code of Virginia, any person violating any provisions of this chapter shall destroy all oysters harvested by that person in violation of this chapter in the presence of a marine police officer and shall be subject to the immediate forfeiture of all oyster licenses and permits until appearing before the Marine Resources Commission.

Historical Notes

Derived from Volume 25, Issue 16, eff. April 1, 2009.

Statutory Authority

§ 28.2-201 of the Code of Virginia.