Section 20. Harvesting restrictions

As required under § 28.2-810 of the Code of Virginia, the Commissioner of Marine Resources shall issue special permits to applicants to take and catch shellfish from condemned areas. It shall be unlawful for harvesting to occur, except under the following conditions:

1. Each boat used for harvesting condemned shellfish shall not leave the dock with the gear used for harvesting on board until one hour before sunrise and shall return to the dock before sunset. When said boat is used for other purposes between the hours of sunset and one hour before sunrise only patent tongs may remain on the boat, provided the hoist line shall be disconnected and the bolt removed, separating and disassembling the patent tong gear during said period of time.

2. Shellfish shall be taken and caught from condemned areas only during the lawful season, Monday through Friday, and only between the hours of sunrise and 5 p.m.

3. The culling board of each boat used for harvesting of condemned shellfish shall be clean before sunrise and by 5 p.m. The presence of shellfish on the culling board before sunrise and after 5 p.m. shall be prima facie evidence of a violation of this chapter.

Historical Notes

Derived from VR450-01-0044 § 2, Volume 11, Issue 22, eff. July 1, 1995.

Statutory Authority

§ 28.2-801 of the Code of Virginia.