28.2-506 - Season for taking oysters from public rocks; penalty.
§ 28.2-506. Season for taking oysters from public rocks; penalty.
A. The season for taking oysters by shaft tongs or by hand from the publicoyster beds, rocks, or shoals shall be as follows:
1. James River seed area, from October 1 until July 1. The Commission may setan alternate date, no earlier than June 1, for the completion of this seasonin any year in which such an action can be expected to improve the quality ofseed oysters.
2. All other areas, from October 1 until June 1.
B. The season for taking oysters by patent tongs from the public oyster beds,rocks, or shoals shall be from October 1 to March 1. The Commission may setan alternate opening date, no later than November 1, for any area in theCommonwealth where the use of patent tongs is permitted, when in its opinionthe condition of the oysters warrants.
C. It shall be unlawful for any person to take or catch oysters from thepublic rocks or shoals of this Commonwealth at any time other than thatprovided in subsections A and B of this section except as set forth inChapter 8 of this subtitle and except as provided in § 28.2-507.
D. The possession of patent tongs and oysters in a boat at any time otherthan the season for patent tongs as specified in subsections A and B of thissection is prima facie evidence of a violation of this section.
E. Taking oysters or having patent tongs or any other device for taking orcatching oysters on public rocks, beds, or shoals, except during the seasonsspecified in subsections A and B of this section, is prima facie evidence ofa violation of this section.
F. The possession of oysters while taking or catching clams during theprohibited season to take or catch oysters from the public rocks, beds, orshoals, is prima facie evidence of a violation of this section.
A violation of this section is a Class 1 misdemeanor.
(Code 1950, §§ 28-92, 28-137; 1960, c. 517; 1962, c. 406, §§ 28.1-82,28.1-120; 1964, c. 393; 1966, c. 684; 1970, c. 726; 1977, c. 387; 1978, c.208; 1979, c. 274; 1980, c. 32; 1981, c. 72; 1991, c. 285; 1992, c. 836.)