4 Va. Admin. Code § 20-1250-40 - Penalty
A. 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.
B.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.
Notes
Statutory Authority: §§ 28.2-201 and 28.2-801 of the Code of Virginia.
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