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2001 SESSION
014020856Be it enacted by the General Assembly of Virginia:
1. That § 28.2-520 of the Code of Virginia is amended and reenacted as follows:
§ 28.2-520. Use of hydraulic escalator dredges prohibited; penalty.
A. It shall be unlawful for any person to take or catch hard-shell clams
through the use of have on board his boat a hydraulic escalator dredge for the
purpose of (i) harvesting shellfish on privately owned grounds, (ii) transiting state waters, or (iii)
conducting legitimate aquaculture research unless such person has obtained a
permit issued by the Commission. However, a person may have on board a
hydraulic escalator dredge solely for the purpose of traveling to docks for
maintenance or repair of the boat or equipment. The Commission and the
Virginia Institute of Marine Science may use hydraulic escalator dredges to
take and catch hard-shell clams shellfish on an experimental basis. However, a
permit to take and catch hard-shell clams through the use of hydraulic dredges shall not be issued to any
other person.
B. Any person who takes or catches hard-shell clams using a hydraulic dredge
violates this section is guilty of a Class 1 misdemeanor.