Section 60. Penalty

A. As set forth in §§ 28.2-510 and 28.2-511 of the Code of Virginia, any person, firm, or corporation violating any provision of this chapter except 4VAC20-260-50 D shall be guilty of a Class 3 misdemeanor.

B. As set forth in § 28.2-526 of the Code of Virginia, any person violating any provision of 4VAC20-260-50 D of the chapter shall be guilty of a Class 1 misdemeanor.

C. In addition to the penalty prescribed by law, any person violating any provision of this chapter shall place the entire load of shellfish overboard on the nearest oyster sanctuary or closed shellfish area, at the direction of the police officer, and shall cease harvesting on that day. In cases where shellfish associated with a violation, by any person, cannot be returned overboard, that person shall destroy, in the presence of a police officer, all shellfish in his possession. 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 Marine Resources Commission.

Historical Notes

Derived from VR450-01-0035 § 6, 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 24, Issue 04, eff. October 1, 2007; Volume 27, Issue 03, eff. October 1, 2010; Volume 29, Issue 03, eff. October 1, 2012; Volume 30, Issue 03, eff. October 1, 2013.

Statutory Authority

§ 28.2-201 of the Code of Virginia.