Section 40. Minimum length

A. A minimum size limit for surf clams of 4¾ inches in length is imposed on all surf clams coming from the waters of the Commonwealth, and it shall be unlawful for any person to possess clams less than the minimum size provided, however, that:

1. Ten percent of all full cages in possession, to the nearest whole cage (or at least one cage), can be withheld by the operator from inspection by the authorized officer.

2. As many as 240 surf clams in any full cage inspected by the authorized officer may be less than 4¾ inches in length. If any inspected cage is found to be in violation, all cages in possession and not withheld subject to subdivision A 1 of this section will be deemed in violation of the size limit.

3. To maintain consistency of management measures between state and federal jurisdictions, and when it is deemed in the best interest of the surf clam industry to do so, the Marine Resources Commission may by notice suspend the provisions of this section. Such suspension shall be on an annual basis.

B. Length is measured along the longest dimension of the surf clam.

Historical Notes

Derived from VR450-01-0030 § 4, Volume 11, Issue 22, eff. July 1, 1995.

Statutory Authority

§ 28.2-201 of the Code of Virginia.