Virginia Code 28.2-808: Periods of condemnation
A crustacea, finfish or shellfish growing area and the crustacea, finfish or shellfish, located thereon may be condemned for the following periods:
Terms Used In Virginia Code 28.2-808
- Commissioner: means the Commissioner of Marine Resources. See Virginia Code 28.2-100
- Crustacea: means all edible species of crab, lobster and shrimp, whether raw or processed. See Virginia Code 28.2-800
- Finfish: means any cold-blooded, strictly aquatic, water-breathing craniate vertebrate with fins, including cyclostomes, elasmobranchs and higher-gilled aquatic vertebrates with cartilaginous or bony skeletons or any parts thereof. See Virginia Code 28.2-800
- Shellfish: means all species within the phylum Mollusca including but not limited to oysters, clams, mussels, scallops, conchs and whelks, whether raw or processed. See Virginia Code 28.2-800
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
1. For an indefinite period, based upon water quality and sources of pollution.
2. Seasonally, where recreation or certain other activities in or adjacent to the area may cause pollution of the growing area during certain seasons of the year.
3. Conditionally, for finite periods of time, based on predictable pollution events. Such conditionally condemned areas may be closed by the State Health Commissioner without advance notice or a prior hearing, provided that a hearing is held within thirty days after the area is condemned, unless it is reopened within this period.
Areas not condemned are in effect approved.
Code 1950, § 28-161; 1962, c. 406, § 28.1-177; 1979, c. 714; 1992, c. 836.