4 Va. Admin. Code § 20-650-40 - 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.
Notes
Statutory Authority
§ 28.2-201 of the Code of Virginia.
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