28.2-520 - Use of hydraulic dredges prohibited; exceptions; penalty.

§ 28.2-520. Use of hydraulic dredges prohibited; exceptions; penalty.

A. It shall be unlawful for any person, unless he has been issued a permit bythe Commission pursuant to subsection B, to (i) take or catch clams throughthe use of a hydraulic dredge or (ii) have on board his boat a hydraulicdredge designed for harvesting seafood.

B. The Commission may issue a permit authorizing the possession and use of ahydraulic dredge for the purpose of (a) transiting state waters or (b)conducting legitimate aquaculture research.

C. Notwithstanding the provisions of clause (ii) of subsection A, a personmay have on board his boat a hydraulic dredge designed for harvesting seafoodwhen traveling to or from docks for maintenance or repair of the boat orequipment, or when off-loading catches made in federal waters.

D. The Commission and the Virginia Institute of Marine Science may possessand use hydraulic dredges to take and catch shellfish on an experimentalbasis.

E. Any person who violates this section is guilty of a Class 1 misdemeanor.

(1981, c. 138, § 28.1-128.01; 1992, c. 836; 2001, c. 377.)