28.2-226 - Exemptions from licensing requirements. - Virginia Statutes

§ 28.2-226. Exemptions from licensing requirements.

A. The following activities are exempt from the licensing requirements ofthis subtitle:

1. Except as otherwise provided by regulation, taking by dip net, hand line,or two crab pots, as much as one bushel of hard crabs and two dozen peelercrabs in any one day for personal use only.

2. Taking a maximum of one bushel of oysters in any one day for personal use,when taken by hand or with ordinary tongs.

3. Taking a maximum of 250 clams in any one day for personal use, when takenby hand or with ordinary tongs.

4. Using one tank or float no greater than four feet in width and eight feetin length for shedding crabs for personal use.

B. No license shall be required of an oyster grounds leaseholder, or otherperson authorized or employed by a leaseholder, to harvest oysters or clamsfrom the leasehold. However, this exemption shall not apply to otherrequirements to obtain permits, including those permits for dredging orscraping on leaseholds provided in § 28.2-516, or for removal andtransportation of shellfish from condemned areas as required by §§ 28.2-810and 28.2-811.

(Code 1950, §§ 28-80, 28-137, 28-170, 28-177; 1954, c. 368; 1956, c. 293;1960, c. 517; 1962, c. 406, §§ 28.1-78, 28.1-120, 28.1-165, 28.1-174; 1964,c. 393; 1966, c. 684; 1968, c. 785; 1970, c. 726; 1979, c. 274; 1983, cc.307, 603; 1985, c. 180; 1988, c. 75; 1990, c. 154; 1991, c. 285; 1992, c.836; 1993, c. 11; 2001, c. 51.)