Section 150. Penalty

Part V. Penalty and Sanctions

A. Except as provided in subsections B and C of this section, as set forth below 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. As set forth in § 28.2-520 of the Code of Virginia, and reiterated in 4VAC20-70-110, any person using a hydraulic dredge to take hard shell clams from any tidal waters of the Commonwealth shall be guilty of a Class 1 misdemeanor.

C. As set forth in § 28.2-531 of the Code of Virginia, and reiterated in part in 4VAC20-70-50 A, 4VAC20-70-90, and 4VAC20-70-120 C, any person taking clams from public, unassigned, or leased ground during the hours from sunset to sunrise or on Sunday, and not otherwise excepted by § 28.2-531 of the Code of Virginia, shall be guilty of a Class 3 misdemeanor; provided, however, that any person violating the additional provisions of (i) no use of a hydraulic dredge on Saturday for the catching of soft shell clams from public or unassigned ground imposed by 4VAC20-70-90 and (ii) no use of a conventional dredge between the hours of one hour before sunset and one hour after sunrise for the catching of hard shell clams from unassigned grounds imposed by 4VAC20-70-120 shall be subject to the penalty set forth in § 28.2-903 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0010 § 5.1, Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 14, Issue 08, eff. January 1, 1998.

Statutory Authority

§ 28.2-201 of the Code of Virginia.