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1997 SESSION
965557132Be 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 dredges prohibited; penalty.
A. It shall be unlawful for any person to take or catch hard-shell clams through the use of a hydraulic dredge. The Commission and the Virginia Institute of Marine Science may use hydraulic dredges to take and catch hard-shell clams on an experimental basis. The Commission may issue permits to aquaculture operations for the use of hydraulic dredges to take and catch hard-shell clams. The Commission may also issue a permit to an owner in fee simple of submerged lands for the use of a hydraulic dredge on his land for reharvesting of hard-shell clams. 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 without the proper permit is guilty of a Class 1 misdemeanor.