                                 CODE OF VIRGINIA

CULLING OYSTERS; PENALTY (§ 28.2-511)

A. 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.

   2. 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.

   3. 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.

   4. 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.

B. 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.
			A violation of any provision of this section is a Class 3 misdemeanor.

HISTORY: Code 1950, § 28-141; 1960, c. 517; 1962, c. 406, § 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.