{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-511.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-511.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-511.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-511.html"}],"law_id":62678,"edition_id":1,"section_id":62678,"structure_id":14226,"section_number":"28.2-511","catch_line":"Culling oysters; penalty","history":"Code 1950, \u00a7 28-141; 1960, c. 517; 1962, c. 406, \u00a7 28.1-124; 1964, c. 393; 1966, c. 684; 1968, c. 747; 1979, c. 606; 1981, c. 52; 1985, c. 125; 1992, c. 836; 2013, c. 38; 2017, c. 340.","full_text":"A\n\n1. In addition to any other penalty prescribed by law, any person charged with violating any regulation governing the culling of oysters shall be required, by the officer making the charge, to scatter the entire cargo of oysters on the public rocks under the supervision of the officer and at the expense of the person charged with the violation. No portion of the cargo of oysters shall be scattered anywhere other than on the public rocks.2\n\nIn lieu of throwing the cargo overboard, the person charged with the violation may post a bond by credit card, check, or cash with the officer in an amount approximately equal to the value of the entire load as determined by the officer. If the person charged posts a bond by credit card, the Commission may collect such actual credit card service charges as apply.3\n\nThe refusal to either dump the oysters overboard or post a bond is a distinct and separate offense from any other violation. A person who has posted a bond and is acquitted shall be refunded the bond. If the person is found guilty, the bond shall be forfeited and deposited to the credit of the Oyster Replenishment Fund.4\n\nAny person charged with a violation of a regulation who posts bond shall properly cull the entire cargo of oysters immediately after the officer has found the oysters to be in violation of such regulation and before they can be sold, planted, or disposed of by him or by any other person.B\n\nThe requirement to scatter the entire cargo of oysters on the public rocks shall only apply to a cargo of oysters taken by any catcher from the public oyster grounds and shall not apply to oysters which have been purchased by and are in the possession of a buyer.\n\t\t\tA violation of any provision of this section is a Class 3 misdemeanor.","order_by":null,"text":{"0":{"id":228533,"text":"1. In addition to any other penalty prescribed by law, any person charged with violating any regulation governing the culling of oysters shall be required, by the officer making the charge, to scatter the entire cargo of oysters on the public rocks under the supervision of the officer and at the expense of the person charged with the violation. No portion of the cargo of oysters shall be scattered anywhere other than on the public rocks.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":228534,"text":"In lieu of throwing the cargo overboard, the person charged with the violation may post a bond by credit card, check, or cash with the officer in an amount approximately equal to the value of the entire load as determined by the officer. If the person charged posts a bond by credit card, the Commission may collect such actual credit card service charges as apply.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"A3"},"2":{"id":228535,"text":"The refusal to either dump the oysters overboard or post a bond is a distinct and separate offense from any other violation. A person who has posted a bond and is acquitted shall be refunded the bond. If the person is found guilty, the bond shall be forfeited and deposited to the credit of the Oyster Replenishment Fund.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"3":{"id":228536,"text":"Any person charged with a violation of a regulation who posts bond shall properly cull the entire cargo of oysters immediately after the officer has found the oysters to be in violation of such regulation and before they can be sold, planted, or disposed of by him or by any other person.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"4":{"id":228537,"text":"The requirement to scatter the entire cargo of oysters on the public rocks shall only apply to a cargo of oysters taken by any catcher from the public oyster grounds and shall not apply to oysters which have been purchased by and are in the possession of a buyer.\n\t\t\tA violation of any provision of this section is a Class 3 misdemeanor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4"}},"ancestry":[{"id":14226,"edition_id":1,"name":"Fishing for Oysters and Clams; Device Restrictions","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13617,"metadata":{},"date_created":"2026-06-26 03:47:22","date_modified":"2026-06-26 03:47:22","permalink":{"id":191243,"object_type":"structure","relational_id":14226,"identifier":"2","token":"28.2\/II\/5\/2","url":"\/28.2\/II\/5\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13617,"edition_id":1,"name":"Oysters and Clams","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:45:23","date_modified":"2026-06-26 03:45:23","permalink":{"id":191215,"object_type":"structure","relational_id":13617,"identifier":"5","token":"28.2\/II\/5","url":"\/28.2\/II\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12814,"edition_id":1,"name":"Tidal Fisheries","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190673,"object_type":"structure","relational_id":12814,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67009,"structure_id":14226,"section_number":"28.2-506","catch_line":"Season for taking oysters from public rocks; penalty","url":"\/28.2-506\/","token":"28.2\/II\/5\/2\/28.2-506","metadata":false},{"id":72136,"structure_id":14226,"section_number":"28.2-507","catch_line":"Opening and closing public rocks","url":"\/28.2-507\/","token":"28.2\/II\/5\/2\/28.2-507","metadata":false},{"id":68281,"structure_id":14226,"section_number":"28.2-508","catch_line":"Prohibited area for patent tongs; penalty","url":"\/28.2-508\/","token":"28.2\/II\/5\/2\/28.2-508","metadata":false},{"id":55452,"structure_id":14226,"section_number":"28.2-509","catch_line":"Maximum weight for patent tongs; teeth length; penalty","url":"\/28.2-509\/","token":"28.2\/II\/5\/2\/28.2-509","metadata":false},{"id":60946,"structure_id":14226,"section_number":"28.2-510","catch_line":"Buying, selling, or possessing unculled oysters; penalty","url":"\/28.2-510\/","token":"28.2\/II\/5\/2\/28.2-510","metadata":false},{"id":62678,"structure_id":14226,"section_number":"28.2-511","catch_line":"Culling oysters; penalty","url":"\/28.2-511\/","token":"28.2\/II\/5\/2\/28.2-511","metadata":false},{"id":67098,"structure_id":14226,"section_number":"28.2-512","catch_line":"Interfering with oyster inspections; penalty","url":"\/28.2-512\/","token":"28.2\/II\/5\/2\/28.2-512","metadata":false},{"id":60532,"structure_id":14226,"section_number":"28.2-513","catch_line":"Prima facie evidence of culling violation; defense","url":"\/28.2-513\/","token":"28.2\/II\/5\/2\/28.2-513","metadata":false},{"id":60784,"structure_id":14226,"section_number":"28.2-514","catch_line":"Possession of shucked oysters; penalty","url":"\/28.2-514\/","token":"28.2\/II\/5\/2\/28.2-514","metadata":false},{"id":76785,"structure_id":14226,"section_number":"28.2-515","catch_line":"Dredging or scraping on private ground; permit required","url":"\/28.2-515\/","token":"28.2\/II\/5\/2\/28.2-515","metadata":false},{"id":67985,"structure_id":14226,"section_number":"28.2-516","catch_line":"Oyster dredging or oyster dredging equipment on boat; penalty","url":"\/28.2-516\/","token":"28.2\/II\/5\/2\/28.2-516","metadata":false},{"id":86432,"structure_id":14226,"section_number":"28.2-517","catch_line":"Marking ground","url":"\/28.2-517\/","token":"28.2\/II\/5\/2\/28.2-517","metadata":false},{"id":80934,"structure_id":14226,"section_number":"28.2-518","catch_line":"Dredging for oysters in James River; penalty","url":"\/28.2-518\/","token":"28.2\/II\/5\/2\/28.2-518","metadata":false},{"id":56482,"structure_id":14226,"section_number":"28.2-519","catch_line":"Use of rakes or scrapes on ocean side of Eastern Shore; penalty","url":"\/28.2-519\/","token":"28.2\/II\/5\/2\/28.2-519","metadata":false},{"id":67017,"structure_id":14226,"section_number":"28.2-520","catch_line":"Use of hydraulic dredges prohibited; exceptions; penalty","url":"\/28.2-520\/","token":"28.2\/II\/5\/2\/28.2-520","metadata":false},{"id":74200,"structure_id":14226,"section_number":"28.2-521","catch_line":"Revocation of license or permit to dredge","url":"\/28.2-521\/","token":"28.2\/II\/5\/2\/28.2-521","metadata":false},{"id":75187,"structure_id":14226,"section_number":"28.2-522","catch_line":"Prima facie evidence of violation","url":"\/28.2-522\/","token":"28.2\/II\/5\/2\/28.2-522","metadata":false},{"id":79197,"structure_id":14226,"section_number":"28.2-523","catch_line":"Penalty","url":"\/28.2-523\/","token":"28.2\/II\/5\/2\/28.2-523","metadata":false},{"id":87498,"structure_id":14226,"section_number":"28.2-524","catch_line":"Taking oysters or clams in certain areas; limitations","url":"\/28.2-524\/","token":"28.2\/II\/5\/2\/28.2-524","metadata":false},{"id":82214,"structure_id":14226,"section_number":"28.2-525","catch_line":"Fishing in Chesapeake Bay immediately west of Tangier Island","url":"\/28.2-525\/","token":"28.2\/II\/5\/2\/28.2-525","metadata":false},{"id":62768,"structure_id":14226,"section_number":"28.2-526","catch_line":"Oyster measures; standards; penalty","url":"\/28.2-526\/","token":"28.2\/II\/5\/2\/28.2-526","metadata":false},{"id":59754,"structure_id":14226,"section_number":"28.2-527","catch_line":"Theft of oysters, clams, shells, etc.; penalty","url":"\/28.2-527\/","token":"28.2\/II\/5\/2\/28.2-527","metadata":false},{"id":82800,"structure_id":14226,"section_number":"28.2-528","catch_line":"Revocation of licenses for theft of oysters","url":"\/28.2-528\/","token":"28.2\/II\/5\/2\/28.2-528","metadata":false},{"id":55444,"structure_id":14226,"section_number":"28.2-529","catch_line":"Converting shells into lime; penalty","url":"\/28.2-529\/","token":"28.2\/II\/5\/2\/28.2-529","metadata":false},{"id":68980,"structure_id":14226,"section_number":"28.2-530","catch_line":"Taking oysters or loading on vessel on Sunday or at night; penalty","url":"\/28.2-530\/","token":"28.2\/II\/5\/2\/28.2-530","metadata":false},{"id":81458,"structure_id":14226,"section_number":"28.2-531","catch_line":"Taking clams on Sunday or at night; exception; penalty","url":"\/28.2-531\/","token":"28.2\/II\/5\/2\/28.2-531","metadata":false},{"id":75680,"structure_id":14226,"section_number":"28.2-532","catch_line":"Protection of oysters and clams of Virginia; labeling; penalty","url":"\/28.2-532\/","token":"28.2\/II\/5\/2\/28.2-532","metadata":false},{"id":55963,"structure_id":14226,"section_number":"28.2-533","catch_line":"Oysters on crab dredging boat; penalty","url":"\/28.2-533\/","token":"28.2\/II\/5\/2\/28.2-533","metadata":false},{"id":83637,"structure_id":14226,"section_number":"28.2-534","catch_line":"Possession of oysters while taking clams; penalty","url":"\/28.2-534\/","token":"28.2\/II\/5\/2\/28.2-534","metadata":false},{"id":67485,"structure_id":14226,"section_number":"28.2-535","catch_line":"Permit to buy or carry seed oysters from certain grounds; penalty","url":"\/28.2-535\/","token":"28.2\/II\/5\/2\/28.2-535","metadata":false},{"id":71370,"structure_id":14226,"section_number":"28.2-536","catch_line":"Taking clams in certain areas; penalty","url":"\/28.2-536\/","token":"28.2\/II\/5\/2\/28.2-536","metadata":false},{"id":61624,"structure_id":14226,"section_number":"28.2-537","catch_line":"Restriction on size of clams; penalty","url":"\/28.2-537\/","token":"28.2\/II\/5\/2\/28.2-537","metadata":false}],"previous_section":{"id":60946,"structure_id":14226,"section_number":"28.2-510","catch_line":"Buying, selling, or possessing unculled oysters; penalty","url":"\/28.2-510\/","token":"28.2\/II\/5\/2\/28.2-510","metadata":false},"next_section":{"id":67098,"structure_id":14226,"section_number":"28.2-512","catch_line":"Interfering with oyster inspections; penalty","url":"\/28.2-512\/","token":"28.2\/II\/5\/2\/28.2-512","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-511\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 517; in 1962, chapter 406; in 1964, chapter 393; in 1966, chapter 684; in 1968, chapter 747; in 1979, chapter 606; in 1981, chapter 52; in 1985, chapter 125; in 1992, chapter 836; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0038\">38<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0340\">340<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":191265,"object_type":"law","relational_id":62678,"identifier":"28.2-511","token":"28.2\/II\/5\/2\/28.2-511","url":"\/28.2-511\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-511\/","token":"28.2\/II\/5\/2\/28.2-511","dublin_core":{"Title":"Culling oysters; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-511","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> 1. In addition to any other <span class=\"dictionary\">penalty<\/span> prescribed by <span class=\"dictionary\">law<\/span>, any person charged with violating any regulation governing the culling of oysters shall be required, by the <span class=\"dictionary\">officer<\/span> making the charge, to scatter the entire cargo of oysters on the public rocks under the supervision of the <span class=\"dictionary\">officer<\/span> and at the expense of the person charged with the violation. No portion of the cargo of oysters shall be scattered anywhere other than on the public rocks. <a id=\"paragraph-228533\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-511\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> In lieu of throwing the cargo overboard, the person charged with the violation may post a <span class=\"dictionary\">bond<\/span> by credit card, check, or cash with the <span class=\"dictionary\">officer<\/span> in an amount approximately equal to the value of the entire load as determined by the <span class=\"dictionary\">officer<\/span>. If the person charged posts a <span class=\"dictionary\">bond<\/span> by credit card, the <span class=\"dictionary\">Commission<\/span> may collect such actual credit card service charges as apply. <a id=\"paragraph-228534\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-511\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The refusal to either dump the oysters overboard or post a <span class=\"dictionary\">bond<\/span> is a distinct and separate <span class=\"dictionary\">offense<\/span> from any other violation. A person who has posted a <span class=\"dictionary\">bond<\/span> and is acquitted shall be refunded the <span class=\"dictionary\">bond<\/span>. If the person is found guilty, the <span class=\"dictionary\">bond<\/span> shall be forfeited and deposited to the credit of the Oyster Replenishment Fund. <a id=\"paragraph-228535\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-511\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Any person charged with a violation of a regulation who posts <span class=\"dictionary\">bond<\/span> shall properly cull the entire cargo of oysters immediately after the <span class=\"dictionary\">officer<\/span> has found the oysters to be in violation of such regulation and before they can be sold, planted, or disposed of by him or by any other person. <a id=\"paragraph-228536\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-511\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The requirement to scatter the entire cargo of oysters on the public rocks shall only apply to a cargo of oysters taken by any catcher from the public oyster grounds and shall not apply to oysters which have been purchased by and are in the <span class=\"dictionary\">possession<\/span> of a buyer.\n\t\t\tA violation of any provision of this section is a Class 3 <span class=\"dictionary\">misdemeanor<\/span>. <a id=\"paragraph-228537\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-511\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCULLING OYSTERS; PENALTY (\u00a7 28.2-511)\n\nA. 1. In addition to any other penalty prescribed by law, any person charged\nwith violating any regulation governing the culling of oysters shall be\nrequired, by the officer making the charge, to scatter the entire cargo of\noysters on the public rocks under the supervision of the officer and at the\nexpense of the person charged with the violation. No portion of the cargo of\noysters shall be scattered anywhere other than on the public rocks.\n\n   2. In lieu of throwing the cargo overboard, the person charged with the\n   violation may post a bond by credit card, check, or cash with the officer in\n   an amount approximately equal to the value of the entire load as determined by\n   the officer. If the person charged posts a bond by credit card, the Commission\n   may collect such actual credit card service charges as apply.\n\n   3. The refusal to either dump the oysters overboard or post a bond is a\n   distinct and separate offense from any other violation. A person who has\n   posted a bond and is acquitted shall be refunded the bond. If the person is\n   found guilty, the bond shall be forfeited and deposited to the credit of the\n   Oyster Replenishment Fund.\n\n   4. Any person charged with a violation of a regulation who posts bond shall\n   properly cull the entire cargo of oysters immediately after the officer has\n   found the oysters to be in violation of such regulation and before they can be\n   sold, planted, or disposed of by him or by any other person.\n\nB. The requirement to scatter the entire cargo of oysters on the public rocks\nshall only apply to a cargo of oysters taken by any catcher from the public\noyster grounds and shall not apply to oysters which have been purchased by and\nare in the possession of a buyer.\n\t\t\tA violation of any provision of this section is a Class 3 misdemeanor.\n\nHISTORY: Code 1950, \u00a7 28-141; 1960, c. 517; 1962, c. 406, \u00a7 28.1-124; 1964, c.\n393; 1966, c. 684; 1968, c. 747; 1979, c. 606; 1981, c. 52; 1985, c. 125; 1992,\nc. 836; 2013, c. 38; 2017, c. 340.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}