                                 CODE OF VIRGINIA

SEASON FOR TAKING OYSTERS FROM PUBLIC ROCKS; PENALTY (§ 28.2-506)

A. The season for taking oysters by shaft tongs or by hand from the public
oyster beds, rocks, or shoals shall be as follows:

   1. James River seed area, from October 1 until July 1. The Commission may set
   an alternate date, no earlier than June 1, for the completion of this season
   in any year in which such an action can be expected to improve the quality of
   seed oysters.

   2. All other areas, from October 1 until June 1.

B. The season for taking oysters by patent tongs from the public oyster beds,
rocks, or shoals shall be from October 1 to March 31. The Commission may set an
alternate opening date, no later than November 1, or close the season for any
area in the Commonwealth where the use of patent tongs is permitted, when in its
opinion the condition of the oysters warrants.

C. It shall be unlawful for any person to take or catch oysters from the public
rocks or shoals of this Commonwealth at any time other than that provided in
subsections A and B of this section except as set forth in Chapter 8 of this
subtitle and except as provided in &#xA7; 28.2-507.

D. The possession of patent tongs and oysters in a boat at any time other than
the season for patent tongs as specified in subsections A and B of this section
is prima facie evidence of a violation of this section.

E. Taking oysters or having patent tongs or any other device for taking or
catching oysters on public rocks, beds, or shoals, except during the seasons
specified in subsections A and B of this section, is prima facie evidence of a
violation of this section.

F. The possession of oysters while taking or catching clams during the
prohibited season to take or catch oysters from the public rocks, beds, or
shoals, is prima facie evidence of a violation of this section.
			A violation of this section is a Class 1 misdemeanor.

HISTORY: Code 1950, §§ 28-92, 28-137; 1960, c. 517; 1962, c. 406, §§
28.1-82, 28.1-120; 1964, c. 393; 1966, c. 684; 1970, c. 726; 1977, c. 387; 1978,
c. 208; 1979, c. 274; 1980, c. 32; 1981, c. 72; 1991, c. 285; 1992, c. 836;
2022, c. 135.