28.2-634 - Nonresidents; taking, planting oysters prohibited; penalty. - Virginia Statutes

§ 28.2-634. Nonresidents; taking, planting oysters prohibited; penalty.

If any person other than a resident, as defined in § 28.2-200, takes orcatches oysters or clams in any of the waters of this Commonwealth, or in anyof the waters under the Commonwealth's jurisdiction, for market or profit, heis guilty of a Class 1 misdemeanor. If any person other than a resident, asdefined in § 28.2-200, or a corporation authorized to occupy and holdoyster-planting grounds, rents any oyster-planting grounds or plants oystersor clams in any of the waters of the Commonwealth, or waters under theCommonwealth's jurisdiction, he is guilty of a Class 1 misdemeanor, and suchrental, lease or assignment is void. The burden of proof of residency underthis section is the defendant's. This section shall not apply to anyoyster-planting ground against which foreclosure proceedings have beeninstituted or title to which is acquired because of the lessee's death. Anyproperty interest so acquired shall not extend longer than twelve months fromthe time the title vests.

(Code 1950, § 28-139; 1962, c. 406, § 28.1-122; 1992, c. 836.)