{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/28.2-506.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/28.2-506.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/28.2-506.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/28.2-506.html"}],"law_id":356654,"edition_id":2,"section_id":356654,"structure_id":51050,"section_number":"28.2-506","catch_line":"Season for taking oysters from public rocks; penalty","history":"Code 1950, \u00a7\u00a7 28-92, 28-137; 1960, c. 517; 1962, c. 406, \u00a7\u00a7 28.1-82, 28.1-120; 1964, c. 393; 1966, c. 684; 1970, c. 726; 1977, c. 387; 1978, c. 208; 1979, c. 274; 1980, c. 32; 1981, c. 72; 1991, c. 285; 1992, c. 836; 2022, c. 135.","full_text":"A\n\nThe season for taking oysters by shaft tongs or by hand from the public oyster beds, rocks, or shoals shall be as follows:\n\n1\n\nJames River seed area, from October 1 until July 1. The Commission may set an alternate date, no earlier than June 1, for the completion of this season in any year in which such an action can be expected to improve the quality of seed oysters.\n\n2\n\nAll other areas, from October 1 until June 1.\n\nB\n\nThe season for taking oysters by patent tongs from the public oyster beds, rocks, or shoals shall be from October 1 to March 31. The Commission may set an alternate opening date, no later than November 1, or close the season for any area in the Commonwealth where the use of patent tongs is permitted, when in its opinion the condition of the oysters warrants.\n\nC\n\nIt shall be unlawful for any person to take or catch oysters from the public rocks or shoals of this Commonwealth at any time other than that provided in subsections A and B of this section except as set forth in Chapter 8 of this subtitle and except as provided in § 28.2-507.\n\nD\n\nThe possession of patent tongs and oysters in a boat at any time other than the season for patent tongs as specified in subsections A and B of this section is prima facie evidence of a violation of this section.\n\nE\n\nTaking oysters or having patent tongs or any other device for taking or catching oysters on public rocks, beds, or shoals, except during the seasons specified in subsections A and B of this section, is prima facie evidence of a violation of this section.\n\nF\n\nThe possession of oysters while taking or catching clams during the prohibited season to take or catch oysters from the public rocks, beds, or shoals, is prima facie evidence of a violation of this section.\n\t\t\tA violation of this section is a Class 1 misdemeanor.\n\n","order_by":null,"text":{"0":{"id":1327756,"text":"The season for taking oysters by shaft tongs or by hand from the public oyster beds, rocks, or shoals shall be as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1327757,"text":"James River seed area, from October 1 until July 1. The Commission may set an alternate date, no earlier than June 1, for the completion of this season in any year in which such an action can be expected to improve the quality of seed oysters.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1327758,"text":"All other areas, from October 1 until June 1.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":1327759,"text":"The season for taking oysters by patent tongs from the public oyster beds, rocks, or shoals shall be from October 1 to March 31. The Commission may set an alternate opening date, no later than November 1, or close the season for any area in the Commonwealth where the use of patent tongs is permitted, when in its opinion the condition of the oysters warrants.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":1327760,"text":"It shall be unlawful for any person to take or catch oysters from the public rocks or shoals of this Commonwealth at any time other than that provided in subsections A and B of this section except as set forth in Chapter 8 of this subtitle and except as provided in § 28.2-507.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":1327761,"text":"The possession of patent tongs and oysters in a boat at any time other than the season for patent tongs as specified in subsections A and B of this section is prima facie evidence of a violation of this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":1327762,"text":"Taking oysters or having patent tongs or any other device for taking or catching oysters on public rocks, beds, or shoals, except during the seasons specified in subsections A and B of this section, is prima facie evidence of a violation of this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":1327763,"text":"The possession of oysters while taking or catching clams during the prohibited season to take or catch oysters from the public rocks, beds, or shoals, is prima facie evidence of a violation of this section.\n\t\t\tA violation of this section is a Class 1 misdemeanor.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":51050,"edition_id":2,"name":"Fishing for Oysters and Clams; Device Restrictions","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":51048,"metadata":{"child_laws":32,"child_structures":0},"date_created":"2026-08-02 02:36:28","date_modified":"2026-08-02 12:31:44","permalink":{"id":1418245,"object_type":"structure","relational_id":51050,"identifier":"2","token":"28.2\/II\/5\/2","url":"\/28.2\/II\/5\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51048,"edition_id":2,"name":"Oysters and Clams","identifier":"5","label":"chapter","depth":3,"order_by":4,"parent_id":50998,"metadata":{"child_laws":62,"child_structures":4},"date_created":"2026-08-02 02:36:27","date_modified":"2026-08-02 12:31:44","permalink":{"id":1418217,"object_type":"structure","relational_id":51048,"identifier":"5","token":"28.2\/II\/5","url":"\/28.2\/II\/5\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50998,"edition_id":2,"name":"Tidal Fisheries","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":50994,"metadata":{"child_laws":289,"child_structures":42},"date_created":"2026-08-02 02:36:05","date_modified":"2026-08-02 12:31:42","permalink":{"id":1417675,"object_type":"structure","relational_id":50998,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50994,"edition_id":2,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":70,"parent_id":null,"metadata":{"child_laws":386,"child_structures":71},"date_created":"2026-08-02 02:36:05","date_modified":"2026-08-02 12:31:41","permalink":{"id":1417591,"object_type":"structure","relational_id":50994,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":356654,"structure_id":51050,"section_number":"28.2-506","catch_line":"Season for taking oysters from public rocks; penalty","url":"\/28.2-506\/","token":"28.2\/II\/5\/2\/28.2-506","metadata":false},{"id":356655,"structure_id":51050,"section_number":"28.2-507","catch_line":"Opening and closing public rocks","url":"\/28.2-507\/","token":"28.2\/II\/5\/2\/28.2-507","metadata":false},{"id":356656,"structure_id":51050,"section_number":"28.2-508","catch_line":"Prohibited area for patent tongs; penalty","url":"\/28.2-508\/","token":"28.2\/II\/5\/2\/28.2-508","metadata":false},{"id":356657,"structure_id":51050,"section_number":"28.2-509","catch_line":"Maximum weight for patent tongs; teeth length; penalty","url":"\/28.2-509\/","token":"28.2\/II\/5\/2\/28.2-509","metadata":false},{"id":356658,"structure_id":51050,"section_number":"28.2-510","catch_line":"Buying, selling, or possessing unculled oysters; penalty","url":"\/28.2-510\/","token":"28.2\/II\/5\/2\/28.2-510","metadata":false},{"id":356659,"structure_id":51050,"section_number":"28.2-511","catch_line":"Culling oysters; penalty","url":"\/28.2-511\/","token":"28.2\/II\/5\/2\/28.2-511","metadata":false},{"id":356660,"structure_id":51050,"section_number":"28.2-512","catch_line":"Interfering with oyster inspections; penalty","url":"\/28.2-512\/","token":"28.2\/II\/5\/2\/28.2-512","metadata":false},{"id":356661,"structure_id":51050,"section_number":"28.2-513","catch_line":"Prima facie evidence of culling violation; defense","url":"\/28.2-513\/","token":"28.2\/II\/5\/2\/28.2-513","metadata":false},{"id":356662,"structure_id":51050,"section_number":"28.2-514","catch_line":"Possession of shucked oysters; penalty","url":"\/28.2-514\/","token":"28.2\/II\/5\/2\/28.2-514","metadata":false},{"id":356663,"structure_id":51050,"section_number":"28.2-515","catch_line":"Dredging or scraping on private ground; permit required","url":"\/28.2-515\/","token":"28.2\/II\/5\/2\/28.2-515","metadata":false},{"id":356664,"structure_id":51050,"section_number":"28.2-516","catch_line":"Oyster dredging or oyster dredging equipment on boat; penalty","url":"\/28.2-516\/","token":"28.2\/II\/5\/2\/28.2-516","metadata":false},{"id":356665,"structure_id":51050,"section_number":"28.2-517","catch_line":"Marking ground","url":"\/28.2-517\/","token":"28.2\/II\/5\/2\/28.2-517","metadata":false},{"id":356666,"structure_id":51050,"section_number":"28.2-518","catch_line":"Dredging for oysters in James River; penalty","url":"\/28.2-518\/","token":"28.2\/II\/5\/2\/28.2-518","metadata":false},{"id":356667,"structure_id":51050,"section_number":"28.2-519","catch_line":"Use of rakes or scrapes on ocean side of Eastern Shore; penalty","url":"\/28.2-519\/","token":"28.2\/II\/5\/2\/28.2-519","metadata":false},{"id":356668,"structure_id":51050,"section_number":"28.2-520","catch_line":"Use of hydraulic dredges prohibited; exceptions; penalty","url":"\/28.2-520\/","token":"28.2\/II\/5\/2\/28.2-520","metadata":false},{"id":356669,"structure_id":51050,"section_number":"28.2-521","catch_line":"Revocation of license or permit to dredge","url":"\/28.2-521\/","token":"28.2\/II\/5\/2\/28.2-521","metadata":false},{"id":356670,"structure_id":51050,"section_number":"28.2-522","catch_line":"Prima facie evidence of violation","url":"\/28.2-522\/","token":"28.2\/II\/5\/2\/28.2-522","metadata":false},{"id":356671,"structure_id":51050,"section_number":"28.2-523","catch_line":"Penalty","url":"\/28.2-523\/","token":"28.2\/II\/5\/2\/28.2-523","metadata":false},{"id":356672,"structure_id":51050,"section_number":"28.2-524","catch_line":"Taking oysters or clams in certain areas; limitations","url":"\/28.2-524\/","token":"28.2\/II\/5\/2\/28.2-524","metadata":false},{"id":356673,"structure_id":51050,"section_number":"28.2-525","catch_line":"Fishing in Chesapeake Bay immediately west of Tangier Island","url":"\/28.2-525\/","token":"28.2\/II\/5\/2\/28.2-525","metadata":false},{"id":356674,"structure_id":51050,"section_number":"28.2-526","catch_line":"Oyster measures; standards; penalty","url":"\/28.2-526\/","token":"28.2\/II\/5\/2\/28.2-526","metadata":false},{"id":356675,"structure_id":51050,"section_number":"28.2-527","catch_line":"Theft of oysters, clams, shells, etc.; penalty","url":"\/28.2-527\/","token":"28.2\/II\/5\/2\/28.2-527","metadata":false},{"id":356676,"structure_id":51050,"section_number":"28.2-528","catch_line":"Revocation of licenses for theft of oysters","url":"\/28.2-528\/","token":"28.2\/II\/5\/2\/28.2-528","metadata":false},{"id":356677,"structure_id":51050,"section_number":"28.2-529","catch_line":"Converting shells into lime; penalty","url":"\/28.2-529\/","token":"28.2\/II\/5\/2\/28.2-529","metadata":false},{"id":356678,"structure_id":51050,"section_number":"28.2-530","catch_line":"Taking oysters or loading on vessel on Sunday or at night; penalty","url":"\/28.2-530\/","token":"28.2\/II\/5\/2\/28.2-530","metadata":false},{"id":356679,"structure_id":51050,"section_number":"28.2-531","catch_line":"Taking clams on Sunday or at night; exception; penalty","url":"\/28.2-531\/","token":"28.2\/II\/5\/2\/28.2-531","metadata":false},{"id":356680,"structure_id":51050,"section_number":"28.2-532","catch_line":"Protection of oysters and clams of Virginia; labeling; penalty","url":"\/28.2-532\/","token":"28.2\/II\/5\/2\/28.2-532","metadata":false},{"id":356681,"structure_id":51050,"section_number":"28.2-533","catch_line":"Oysters on crab dredging boat; penalty","url":"\/28.2-533\/","token":"28.2\/II\/5\/2\/28.2-533","metadata":false},{"id":356682,"structure_id":51050,"section_number":"28.2-534","catch_line":"Possession of oysters while taking clams; penalty","url":"\/28.2-534\/","token":"28.2\/II\/5\/2\/28.2-534","metadata":false},{"id":356683,"structure_id":51050,"section_number":"28.2-535","catch_line":"Permit to buy or carry seed oysters from certain grounds; penalty","url":"\/28.2-535\/","token":"28.2\/II\/5\/2\/28.2-535","metadata":false},{"id":356684,"structure_id":51050,"section_number":"28.2-536","catch_line":"Taking clams in certain areas; penalty","url":"\/28.2-536\/","token":"28.2\/II\/5\/2\/28.2-536","metadata":false},{"id":356685,"structure_id":51050,"section_number":"28.2-537","catch_line":"Restriction on size of clams; penalty","url":"\/28.2-537\/","token":"28.2\/II\/5\/2\/28.2-537","metadata":false}],"next_section":{"id":356655,"structure_id":51050,"section_number":"28.2-507","catch_line":"Opening and closing public rocks","url":"\/28.2-507\/","token":"28.2\/II\/5\/2\/28.2-507","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-506\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 517; in 1962, chapter 406; in 1964, chapter 393; in 1966, chapter 684; in 1970, chapter 726; in 1977, chapter 387; in 1978, chapter 208; in 1979, chapter 274; in 1980, chapter 32; in 1981, chapter 72; in 1991, chapter 285; in 1992, chapter 836; in 2022, chapter 135<\/a>.<\/p>","references":false,"refers_to":[{"id":356655,"section_number":"28.2-507","catch_line":"Opening and closing public rocks","order_by":null,"url":"\/28.2-507\/"}],"permalink":{"id":1418247,"object_type":"law","relational_id":356654,"identifier":"28.2-506","token":"28.2\/II\/5\/2\/28.2-506","url":"\/28.2-506\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/28.2-506\/","token":"28.2\/II\/5\/2\/28.2-506","dublin_core":{"Title":"Season for taking oysters from public rocks; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-506","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The season for taking oysters by shaft tongs or by hand from the public oyster beds, rocks, or shoals<\/span> shall be as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> James River seed area<\/span>, from October 1 until July 1. The Commission<\/span> may set an alternate date, no earlier than June 1, for the completion of this season in any year in which such an action can be expected to improve the quality of seed oysters. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> All other areas, from October 1 until June 1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The season for taking oysters by patent tongs from the public oyster beds, rocks, or shoals<\/span> shall be from October 1 to March 31. The Commission<\/span> may set an alternate opening date, no later than November 1, or close the season for any area in the Commonwealth where the use of patent tongs is permitted, when in its opinion<\/span> the condition of the oysters warrants. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> It shall be unlawful for any person to take or catch oysters from the public rocks or shoals<\/span> of this Commonwealth at any time other than that provided in subsections A and B of this section except as set forth in Chapter 8 of this subtitle and except as provided in § 28.2-507<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The possession<\/span> of patent tongs and oysters in a boat at any time other than the season for patent tongs as specified in subsections A and B of this section is prima facie evidence<\/span> of a violation of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Taking oysters or having patent tongs or any other device for taking or catching oysters on public rocks, beds, or shoals<\/span>, except during the seasons specified in subsections A and B of this section, is prima facie evidence<\/span> of a violation of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The possession<\/span> of oysters while taking or catching clams during the prohibited season to take or catch oysters from the public rocks, beds, or shoals<\/span>, is prima facie evidence<\/span> of a violation of this section.\n\t\t\tA violation of this section is a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSEASON FOR TAKING OYSTERS FROM PUBLIC ROCKS; PENALTY (\u00a7 28.2-506)\n\nA. The season for taking oysters by shaft tongs or by hand from the public\noyster beds, rocks, or shoals shall be as follows:\n\n 1. James River seed area, from October 1 until July 1. The Commission may set\n an alternate date, no earlier than June 1, for the completion of this season\n in any year in which such an action can be expected to improve the quality of\n seed oysters.\n\n 2. All other areas, from October 1 until June 1.\n\nB. The season for taking oysters by patent tongs from the public oyster beds,\nrocks, or shoals shall be from October 1 to March 31. The Commission may set an\nalternate opening date, no later than November 1, or close the season for any\narea in the Commonwealth where the use of patent tongs is permitted, when in its\nopinion the condition of the oysters warrants.\n\nC. It shall be unlawful for any person to take or catch oysters from the public\nrocks or shoals of this Commonwealth at any time other than that provided in\nsubsections A and B of this section except as set forth in Chapter 8 of this\nsubtitle and except as provided in § 28.2-507.\n\nD. The possession of patent tongs and oysters in a boat at any time other than\nthe season for patent tongs as specified in subsections A and B of this section\nis prima facie evidence of a violation of this section.\n\nE. Taking oysters or having patent tongs or any other device for taking or\ncatching oysters on public rocks, beds, or shoals, except during the seasons\nspecified in subsections A and B of this section, is prima facie evidence of a\nviolation of this section.\n\nF. The possession of oysters while taking or catching clams during the\nprohibited season to take or catch oysters from the public rocks, beds, or\nshoals, is prima facie evidence of a violation of this section.\n\t\t\tA violation of this section is a Class 1 misdemeanor.\n\nHISTORY: Code 1950, \u00a7\u00a7 28-92, 28-137; 1960, c. 517; 1962, c. 406, \u00a7\u00a7\n28.1-82, 28.1-120; 1964, c. 393; 1966, c. 684; 1970, c. 726; 1977, c. 387; 1978,\nc. 208; 1979, c. 274; 1980, c. 32; 1981, c. 72; 1991, c. 285; 1992, c. 836;\n2022, c. 135.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}