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2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 28.2-515 of the Code of Virginia is amended and reenacted as follows:
§ 28.2-515. Dredging or scraping on private ground; permit required.
Any resident of the Commonwealth holding under legal assignment an
oyster-planting ground of at least three acres in one tract or adjoining tracts
and having paid the rent may dredge or scrape his tracts at any time from
sunrise until sunset, except on Sunday or at night if the resident has obtained
from the Commission a permit for each boat so used. The permit shall show the name of the
lessee and the name or number of the boat, date of issue, and date of expiration. The expiration
date shall not be more than twelve 12 months from the date of issue and may be
renewed for like periods. A special exemption may be granted on such a permit
to allow dredging or scraping one hour prior to sunrise from June 15 to
September 1, provided that the resident notify the Commission at least 24 hours prior to such
activity. The Commission may, after a hearing, refuse to grant or renew a
permit to dredge or scrape any oyster-planting ground unless it is proved that the
holder has planted seed oysters or shells and is using the planting ground for
the cultivation of oysters. The Commission may refuse to grant the permit if
it appears at the hearing that the holder of the ground is a habitual violator
of the seafood laws. An applicant for the permit shall have the right of appeal
from any decision of the Commission refusing to grant the permit as provided in
Article 3 (§ 28.2-216 et seq.) of Chapter 2 of this subtitle.