First the law. . .
§ 28.2-226. Exemptions from licensing requirements.
A. The following activities are exempt from the licensing requirements of this subtitle:
1. Except as otherwise provided by regulation, taking by dip net, hand line, or two crab pots, as much as one bushel of hard crabs and two dozen peeler crabs in any one day for personal use only.
2. Taking a maximum of one bushel of oysters in any one day for personal use, when taken by hand or with ordinary tongs.
3. Taking a maximum of 250 clams in any one day for personal use, when taken by hand or with ordinary tongs.
4. Using one tank or float no greater than four feet in width and eight feet in length for shedding crabs for personal use.
B. No license shall be required of an oyster grounds leaseholder, or other person authorized or employed by a leaseholder, to harvest oysters or clams from the leasehold. However, this exemption shall not apply to other requirements to obtain permits, including those permits for dredging or scraping on leaseholds provided in § 28.2-516, or for removal and transportation of shellfish from condemned areas as required by §§ 28.2-810 and 28.2-811.
Next is the the tricky parts.
Are the beds public or private? If public (for oysters) are they open during that time of year?
In either case are the condemned?
Here is the link for the condemned waters: http://www.vdh.virginia.gov/EnvironmentalHealth/Shellfish/closureSurvey/index.htm
Somewhere there is an interactive map showing public beds.
Here it is:http://22.214.171.124/gems2/
I don't make any claims to accuracy and you might want to touch bases with VMRC for a specific area. Also I can't say how well it works.