Section 30. License required for use of a hydraulic dredge on leased ground

Part II. Pertaining to the Taking or Catching of Soft Shell Clams from Leased Grounds

A. It shall be unlawful to take or catch soft shell clams from any leased grounds in any of the tidal waters of the Commonwealth by the use of a hydraulic dredge without first obtaining (i) a soft shell clam dredge license for each boat used for such a purpose and (ii) a permit for each boat and operator thereof.

B. Any lessee desiring to take or catch soft shell clams from leased ground by the use of a hydraulic dredge shall apply to the officer in charge of the district, in writing, specifying the location and identity of the specific lease or leases where he desires to dredge and request the privilege to dredge the specific lease or leases.

C. Each application will be reviewed by the commission. The commission may conduct a public hearing on such application if, in its discretion, it is deemed necessary. If the commission deems it wise to permit dredging of soft shell clams within the area of such a lease, the commission engineers shall first approve the existing boundaries, survey and plat of each lease. Any surveying or marking of the lease which may be necessary shall be at the expense of the lessee, unless such survey shows that the leased ground was properly marked.

Historical Notes

Derived from VR450-01-0010 § 2.1, Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 22, Issue 04, eff. December 1, 2005; Volume 31, Issue 23, eff. July 1, 2015.

Statutory Authority

§ 28.2-201 of the Code of Virginia.