                                 CODE OF VIRGINIA

NONRESIDENTS; TAKING, PLANTING OYSTERS PROHIBITED; PENALTY (§ 28.2-634)

If any person other than a resident, as defined in § 28.2-200, takes or catches
oysters or clams in any of the waters of this Commonwealth, or in any of the
waters under the Commonwealth&#8217;s jurisdiction, for market or profit, he is
guilty of a Class 1 misdemeanor. If any person other than a resident, as defined
in § 28.2-200, or a corporation authorized to occupy and hold oyster-planting
grounds, rents any oyster-planting grounds or plants oysters or clams in any of
the waters of the Commonwealth, or waters under the Commonwealth&#8217;s
jurisdiction, he is guilty of a Class 1 misdemeanor, and such rental, lease or
assignment is void. The burden of proof of residency under this section is the
defendant&#8217;s. This section shall not apply to any oyster-planting ground
against which foreclosure proceedings have been instituted or title to which is
acquired because of the lessee&#8217;s death. Any property interest so acquired
shall not extend longer than twelve months from the time the title vests.

HISTORY: Code 1950, § 28-139; 1962, c. 406, § 28.1-122; 1992, c. 836.