CODE OF VIRGINIA

NONRESIDENTS; TAKING, PLANTING OYSTERS PROHIBITED; PENALTY (§ 28.2-634)

If any person other than a resident, as defined in § 28.2-200, takes or catches
oysters or clams in any of the waters of this Commonwealth, or in any of the
waters under the Commonwealth’s jurisdiction, for market or profit, he is
guilty of a Class 1 misdemeanor.  If any person other than a resident, as
defined in § 28.2-200, or a corporation authorized to occupy and hold
oyster-planting grounds, rents any oyster-planting grounds or plants oysters or
clams in any of the waters of the Commonwealth, or waters under the
Commonwealth’s jurisdiction, he is guilty of a Class 1 misdemeanor, and
such rental, lease or assignment is void. The burden of proof of residency under
this section is the defendant’s.  This section shall not apply to any
oyster-planting ground against which foreclosure proceedings have been
instituted or title to which is acquired because of the lessee’s death. 
Any property interest so acquired shall not extend longer than twelve months
from the time the title vests.

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