CHAPTER 745

An Act to amend and reenact § 28.1-179, as amended, of the Code of
Virginia, relating to removal, etc., of shellfish from polluted ground,
to correct an error and make conforming changes. (H 624]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 28.1-179, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 28.1-179. Removal, transportation, etc., from polluted ground.—
(1) No person, firm or corporation shall take, catch, transport, sell, offer
for sale, remove, receive, keep or store shellfish from condemned areas, or
relay shellfish taken from such areas, until a special permit has been
obtained from the Commission, which must be carried in his possession
when engaged in such operation.

Before any person, firm or corporation shall take or remove shellfish
from private grounds in condemned areas he shall have written authority
in his possession from the owner or lessee in addition to obtaining the
permit as herein required.

No permit for transporting or relaying shall be issued to any person,
firm or corporation for the purpose of buying and selling shellfish from
condemned areas. Permits for transporting and relaying shall only be
issued to persons, firms or corporations who catch shellfish from con-
demned areas and who want to move such shellfish to an approved area;
and to those persons who buy shellfish from condemned areas from the
catcher and who transport or relay the shellfish to their or other approved
grounds.

No permits shall be issued to any motor vehicle transporting and/or
relaying shellfish from condemned areas unless such motor vehicle has an
enclosed body with doors which can be sealed by an inspector. An inspector
shall have the authority to refuse to issue such a permit if he determines
the motor vehicle cannot be properly sealed.

If shellfish from condemned areas is to be transported and/or relayed,
at any time, by a motor vehicle an inspector shall seal the body of the
motor vehicle before departure and the seal shall not be broken by anyone
except an inspector at the point of final destination where the cargo is to
be discharged for relaying and/or transplanting in an approved area.
After the seal is broken an inspector shall supervise the relaying of the
shelifish from the truck to the approved area.

Upon evidence of such permit holder offering for sale and not planting
such shellfish from condemned areas, the Commissioner shall promptly
revoke all permits held by such person, firm or corporation.

(2) Any person, firm or corporation holding a valid permit to remove,
transport and/or relay shellfish from condemned area shall keep accurate
records and submit monthly reports to the Commission, which shall desig-
nate the areas from which the shellfish were removed; the areas to which
the shellfish were relayed; the dates of the removal, and/or relaying: the
number of bushels of shellfish removed, and/or relayed; the name of the
permit holder; the name and address of each person employed and engaged
in the operation; the names or numbers of the boats; and the license
numbers of the trucks used in the operation. During any month, covered
by permit, in which no removal and/or relaying is in operation, a report
shall be submitted to the Commission, indicating that no shellfish were re-
moved and/or relayed. It shall be the responsibility of the permit holder
to keep accurate records and make reports of the removal, and/or relaying,
to the main office of the Commission on or before the tenth day of the
month following the month of operation. The permit shall set out the
expiration date thereof.

(8) Application for the special permit, provided for in subsection (1)
of this section, before the removal, transportation and/or relaying of shell-
fish from condemned areas, shall be made on forms provided by the Com-
mission. A fee of one dollar shall be paid to the Commission when such
application for permit is filed. This permit shall not be transferable.

The special permit, after being issued, may be revoked at any time
by the Commissioner, when, in his judgment, it will be to the best in-
terest of the industry that the same be revoked. Any person having said
permit revoked may demand a hearing before the Commission at the next
scheduled meeting of the Commission.

(4) Shellfish removal, and/or relaying, from condemned areas shall
be under the supervision of the Marine Resources Commission * and the
Department of Health.

(a) The season for the removal, and/or relaying, of shellfish from
private grounds shall be from April first to November first.

b) The season for the removal, and/or relaying of shellfish from
public grounds shall be from May first to August fifteenth.

(c) The above dates for the opening and closing of said seasons may
be changed by the Commission, and the Commission may refuse to grant
permits for removal of shellfish from any and all condemned areas of the
waters of the State.

(5) Any conveyance engaged in transporting shellfish, which have
been caught within condemned areas for the purpose of relaying, to an-
other area where they may be cleansed and made fit for market, shall
display a yellow flag of not less than thirty inches in length and eighteen
inches in width before any shellfish are placed thereon, and the flag shall
be displayed during the entire relaying operation.

(6) It shall be the duty of the inspector of the Marine Resources
Commission * , and employees of the Department of Health, to examine
the area to which shellfish from condemned areas are relayed and see
that adequate and proper corner stakes or buoys have been put in place
by the lessee before a permit shall be issued to transport to or plant the
area. Each corner stake or buoy shall be marked by a yellow flag or bunt-
ing of not less than fifteen inches by fifteen inches, and the marking shall
remain until a special permit to remove the shellfish for sale or shipment
has been obtained from the State Health Commissioner.

(7) No person, firm or corporation shall discharge, or cause to be
discharged, any part or all of the shellfish from any conveyance engaged
in transporting shellfish from condemned areas at any place other than
to approved areas for cleansing, and shall move directly to the approved
planting ground, or to conveyances holding a proper permit for relaying
to cleansing areas designated in the permit.

(8) The loading and unloading, ashore, of shellfish taken from con-
demned areas shall only be at points designated by the Commission.

(9) Should the occasion arise for any emergency unloading of any
conveyance engaged in transporting shellfish from a condemned area, the
Commission shall be notified immediately and disposition of said cargo
shall be made under the supervision of the said Commission.

(10) There shall be no transportation, relaying or any movement of
shellfish from condemned areas after sunset or before sunrise except by
motor vehicle properly sealed pursuant to subsection (1) hereof. Clean
shellfish and shellfish from condemned areas shall not be mixed in any
quantity in the same cargo.

(11) The Marine Resources Commission * , whenever they deem an
emergency exists, may make rules and regulations to protect the health of
the public, which relate to shellfish from condemned areas, without com-
plying with the requirements of §§ 28.1- * 24 and 28.1- * 25. Such rules
and regulations shall become effective upon the passage by the Commis-
sion. These rules and regulations shall be enforced by revoking any and
all permits which may have been issued.