NOTICE AND DESCRIPTION OF SHELLFISH AREA CONDEMNATION
NUMBER 039-026, HORN HARBOR
EFFECTIVE 15 MARCH 2026
Pursuant to Title 28.2, Chapter 8, §§ 28.2-803 through 28.2-808, § 32.1-20, and § 2.2-4002, B.16 of the Code of Virginia:
1. The “Notice and Description of Shellfish Area Condemnation Number 039-026, Horn Harbor,” effective 15 April 2025 is cancelled effective 15 March 2026.
2. Condemned Shellfish Area Number 039-026, shown as Sections A through C, is hereby established effective 15 March 2026. It shall be unlawful for any person, firm, or corporation to take shellfish from these areas for any purpose, except by permit granted by the Marine Resources Commission, as provided in § 28.2-810 of the Code of Virginia. The boundaries of these areas are shown on the map titled “Horn Harbor, Condemned Shellfish Area Number 039-026, 15 March 2026” which is part of this notice.
3. Conditionally Approved Shellfish Area (Seasonally Closed Status) Number 039-026, shown as Sections M1 and M2, is established effective 15 March 2026, and shall remain in force annually thereafter for the period beginning the first day of April through the last day of October until rescinded. It shall be unlawful for any person, firm or corporation to take shellfish from these areas during such period for any purpose, except by permit granted by the Marine Resources Commission, as provided in § 28.2-810 of the Code of Virginia. The boundaries of these areas are shown on the map titled “Horn Harbor, Condemned Shellfish Area Number 039-026, 15 March 2026” which is part of this notice.
4. Conditionally Approved Shellfish Area (Open Status) Number 039-026, shown as Section M3, is established effective 15 March 2026. It shall be unlawful for any person, firm or corporation to take shellfish from this area during such period for any purpose while in the closed status, except by permit granted by the Marine Resources Commission, as provided in § 28.2-810 of the Code of Virginia. The boundaries of this area are shown on the map titled “Horn Harbor, Condemned Shellfish Area Number 039-026, 15 March 2026” which is part of this notice.
5. The Department of Health will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision of this order.
BOUNDARIES OF CONDEMNED AREA NUMBER 039-026
A. The condemned area shall include that portion of the unnamed tributary of Horn Harbor upstream of a line drawn between latitude / longitude map coordinate (37°22'14.3",-76°18'16.2") and map coordinate (37°22'14.0",-76°18'12.7").
B. The condemned area shall include that portion of the unnamed tributary of Horn Harbor upstream of a line drawn between latitude / longitude map coordinate (37°21'49.5",-76°16'57.9") and map coordinate (37°21'49.4",-76°16'52.7").
C. The condemned area shall include that portion of Horn Harbor upstream of a line drawn between latitude / longitude map coordinate (37°22'09.8",-76°18'31.9") and map coordinate (37°22'06.4",-76°18'29.5").
M1. The conditionally approved area (seasonally closed status) shall include that portion of the unnamed tributary of Horn Harbor inland of a line drawn between latitude / longitude map coordinate (37°21'58.6",-76°17'22.9"), map coordinate (37°21'58.1",-76°17'18.4"), and map coordinate (37°21'52.3",-76°17'17.5").
M2. The conditionally approved area (seasonally closed status) shall include that portion of Horn Harbor and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°22'14.0",-76°18'12.7"), map coordinate (37°22'09.7",-76°18'16.7"), map coordinate (37°22'04.4",-76°18'04.5"), and map coordinate (37°22'08.3",-76°18'02.1").
M3. The conditionally approved area (open status) shall include that portion of the unnamed tributary of Horn Harbor and its tributaries inland of a line drawn between latitude / longitude map coordinate (37°22'02.6",-76°17'27.9"), map coordinate (37°22'02.0",-76°17'24.6"), and map coordinate (37°21'58.6",-76°17'22.9"); but is shown in the report only.
