28.2-508 - Prohibited area for patent tongs; penalty.
§ 28.2-508. Prohibited area for patent tongs; penalty.
It is unlawful for any person to use or employ patent tongs to take or catchoysters from the public rocks, beds, or shoals in the following areas:
1. In the Piankatank River and its tributaries above a line beginning at theextreme westernmost point on a wooden jetty (point "A") on the southproperty line of lot 9-A owned by E. B. Bottom and lot 8-A of Gwynn's IslandEstate subdivision, Mathews County (Deed Book 55; page No. 279), said pointlocated north 57° 07', west 176.00 feet from the east side of said lot8-A and 9-A. Said point is located on the extreme northwest section ofGwynn's Island known as Cherry Point, Mathews County; thence 71° 00' westapproximately 10,140 feet, to a survey point known as the Stove R, located onthe extreme south end of Stove Point, Middlesex County; thence north 38°00' east approximately 14,960 feet to point "X," or the east gable ofhotel, located on the extreme easternmost point of Stingray Point, MiddlesexCounty. This area is to include all of Piankatank River and its tributariesfrom Cherry Point of Gwynn's Island to Stove Point in Middlesex County, andall of the area of Jackson Creek and its tributaries from Stove Point toStingray Point;
2. In the Rappahannock River and its tributaries, above a line drawn from thesouthernmost point of Belle Island, which line begins at latitude 37° 46'37" north, longitude 76° 35' 40" west; thence south 27° 47' 25.82"west 14,292.65 feet to the easternmost point of Punchbowl Point, which islocated at latitude 37° 44' 32" and longitude 76° 37' 03" west;
3. Beginning on the south shore of the James River at Pig Point, located atthe east mouth of Nansemond River opposite the westernmost tank of two tankson Pig Point; thence in a northerly direction to a light at the extreme northend of abandoned Pig Point pier; thence in a northerly direction to a fishtrap buoy designated as N "H11" located on the northeast side of the FishTrap Reservation; thence in a northwest direction along the northeastboundary of the Fish Trap Reservation along a line of buoys designated as C"1" and C "H15"; buoy C "H15" being located on the east side of an areaset aside in subdivision 5 of this section prohibiting the use of patenttongs in James River; thence following in a southwest direction along thearea described in subdivision 5 of this section to Cooper's Creek, located onthe south side of James River in Isle of Wight County. In addition to thisdescribed area, the use of patent tongs shall be prohibited in Batten Bay andits tributaries, Chuckatuck Creek and its tributaries, and Nansemond Riverand its tributaries;
4. In the Mobjack Bay and its tributaries above a line beginning at BushPoint on the south side of the mouth of the Severn River, Gloucester County;thence in a northeasterly direction across the mouth of the Severn River toSeven Cedar Point; thence in a southeasterly direction to buoy S "1";thence in an east southeasterly direction to a point of land on the northwestside of the mouth of Pepper Creek in Mathews County;
5. In the James River and its tributaries above a line drawn from Cooper'sCreek in Isle of Wight County on the south side of James River to a line in anortheasterly direction across James River to the Newport News municipalwater tank located on Warwick Boulevard between 59th Street and 60th Streetin the City of Newport News;
6. In the Corrotoman River above a line beginning at point on CorrotomanPoint, which line begins at latitude 37° 39' 56" north, longitude76° 28' 21" west; thence north 70° 02' 46.79"; thence west 4,338.37feet to a point on Millenbeck Point which is located at latitude 37° 40'10" north and longitude 76° 29' 12" west. This line, as described, isto include all of the Corrotoman River and its tributaries from CorrotomanPoint to Millenbeck Point.
A violation of this section is a Class 1 misdemeanor.
(Code 1950, §§ 28-93, 28-93.1, 28-93.2; 1954, c. 38; 1958, cc. 182, 476;1960, c. 517; 1962, c. 406, § 28.1-83; 1968, c. 747; 1978, c. 208; 1980, c.325; 1981, c. 52; 1986, c. 254; 1992, c. 836.)