28.2-511 - Culling oysters; penalty. - Virginia Statutes

§ 28.2-511. Culling oysters; penalty.

A. In addition to any other penalty prescribed by law, any person chargedwith violating any regulation governing the culling of oysters shall berequired, by the officer making the charge, to scatter the entire cargo ofoysters on the public rocks under the supervision of the officer and at theexpense of the person charged with the violation. In lieu of throwing thecargo overboard, the person charged with the violation may post cash bondwith the officer in an amount approximately equal to the value of the entireload as determined by the officer. The refusal to either dump the oystersoverboard or post a cash bond is a distinct and separate offense from anyother violation. A person who has posted a cash bond and is acquitted shallbe refunded the cash bond. If the person is found guilty, the cash bondshall be forfeited and deposited to the credit of the Special OysterReplenishment Fund.

Any person charged with such a violation who posts cash bond shall properlycull the entire cargo of oysters immediately after the officer has found themto 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 rocksshall only apply to a cargo of oysters taken by any catcher from the publicoyster grounds and shall not apply to oysters which have been purchased byand are in the possession of a buyer.

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

(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.)