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REGULATION: PROHIBITION ON THE TAKING OF HARD CLAMS BY HYDRAULIC METHOD

VIRGINIA MARINE RESOURCES COMMISSION
"PERTAINING TO THE TAKING OF CLAMS ON SEASIDE OF EASTERN SHORE"
REGULATION 4 VAC 20-100-10 ET SEQ.


PREAMBLE

This regulation establishes a prohibition on the taking of hard clams by hydraulic method, including the action of a propeller, on the seaside of Accomack and Northampton Counties.

This regulation is promulgated pursuant to the authority contained in 28.2-201 of the Code of Virginia. This regulation amends and re-adopts previous Regulation 450-01-0013, which was adopted June 27, 1972 and was effective June 27, 1972. The effective date of this regulation is August 1, 1995.

4 VAC 20-100-10. Purpose.

The purpose of this chapter is to promote the welfare of the seafood industry by conserving the hard clam resource and the habitat necessary for continued health and productivity of the hard clam and other marine resources.

4 VAC 20-100-20. Hydraulic method prohibited.

It shall be unlawful for any person to dig, take, catch or harvest hard clams from the subaqueous soil owned by the Commonwealth of Virginia on the seaside of Accomack and Northampton Counties by hydraulic methods, or by the operation of a motor boat in such a manner that the hard clams are dug, or washed, from the bottom by the action of the propeller of such motor boat; but this chapter shall not apply to privately-owned oyster leases.

4 VAC 20-100-30. Penalty.

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.

 

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