Section 110. Penalty

A. As set forth 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. In addition to the penalty prescribed by law, any person violating any provision of this chapter shall destroy, in the presence of a marine police officer, all shellfish in his possession, or, at the direction of the marine police officer, shall place the shellfish overboard on the nearest oyster sanctuary or closed shellfish area, and shall cease harvesting on that day. 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 Virginia Marine Resources Commission.

Historical Notes

Derived from VR450-01-0095 § 11, eff. October 1, 1993; amended, Volume 10, Issue 14, eff. February 23, 1994; Volume 11, Issue 03, eff. October 5, 1994; Volume 11, Issue 07, eff. December 1, 1994; Volume 11, Issue 16, eff. April 4, 1995; Volume 12, Issue 03, eff. October 1, 1995; Volume 23, Issue 21, eff. May 23, 2007; Volume 24, Issue 04, eff. October 1, 2007; Errata, 24:12 VA.R. 1701 February 18, 2008; amended, Virginia Register Volume 26, Issue 19, eff. May 1, 2010; Volume 27, Issue 03, eff. October 1, 2010.

Statutory Authority

§ 28.2-201 of the Code of Virginia.