Shellfish Area Condemnation # 042-131

NOTICE AND DESCRIPTION OF SHELLFISH AREA CONDEMNATION
NUMBER 042-131, BLACKWATER AND DAVIS CREEKS

EFFECTIVE 15 AUGUST 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 042-131, Blackwater and Davis Creeks,” effective 15 September 2025, is cancelled effective 15 August 2026.

2. Condemned Shellfish Area Number 042-131, shown as Sections A through J, is established effective 15 August 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 “Blackwater and Davis Creeks, Condemned Shellfish Area Number 042-131, 15 August 2026” which is part of this notice.

3. Conditionally Approved (Seasonally Closed Status) Shellfish Area Number 042-131, shown as Section M1, is hereby established effective 15 August 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in force annually thereafter for the period beginning the first day of April through the last day of October until rescinded.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 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 “Blackwater and Davis Creeks, Condemned Shellfish Area Number 042-131, 15 August 2026” which is part of this notice.

4. Conditionally Approved (Open Status) Shellfish Area Number 042-131, shown as Section M2, is hereby established effective 15 August 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in force annually thereafter for the period beginning the first day of April through the last day of October until rescinded.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 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 “Blackwater and Davis Creeks, Condemned Shellfish Area Number 042-131, 15 August 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 042-131

A. The condemned area shall include all of the unnamed tributary of the North River upstream of a line drawn between latitude / longitude map coordinate (37°24'34.5",-76°23'45.0") and map coordinate (37°24'31.2",-76°23'44.5").

B. The condemned area shall include all of Raymond Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°24'06.4",-76°23'47.6") and map coordinate (37°24'00.7",-76°23'42.8").

C. The condemned area shall include that portion of Davis Creek upstream of a line drawn between latitude / longitude map coordinate (37°23'53.3",-76°25'15.7") and map coordinate (37°23'52.9",-76°25'12.9").

D. The condemned area shall include that portion of Blackwater Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°26'05.7",-76°24'41.5") and map coordinate (37°26'02.5",-76°24'37.1").

E. The condemned area shall include that portion of Greenmansion Cove and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°25'42.1",-76°24'01.3") and map coordinate (37°25'39.1",-76°23'58.3").

F. The condemned area shall include all of the unnamed tributary of the North River upstream of a line drawn between latitude / longitude map coordinate (37°22'28.8",-76°21'46.0") and map coordinate (37°22'26.4",-76°21'41.9").

G. The condemned area shall include all of Godsey Creek upstream of a line drawn between latitude / longitude map coordinate (37°22'51.2",-76°22'20.6") and map coordinate (37°22'50.4",-76°22'13.4"), as well as a upstream of a second line drawn between map coordinate (37°22'44.7",-76°22'07.2") and map coordinate (37°22'42.7",-76°22'06.1").

H. The condemned area shall include all of the unnamed tributary of the North River upstream of a line drawn between latitude / longitude map coordinate (37°22'58.4",-76°22'46.2") and map coordinate (37°22'57.3",-76°22'42.4").

I. The condemned area shall include all of Cakes Creek upstream of a line drawn between latitude / longitude map coordinate (37°23'11.1",-76°23'13.4") and map coordinate (37°23'08.7",-76°23'08.3").

J. The condemned area shall include all of the southern prong of Davis Creek upstream of a line drawn between latitude / longitude map coordinate (37°23'46.9",-76°25'11.0") and map coordinate (37°23'47.0",-76°25'09.7").

K. The condemned area shall include that portion of Oakland Creek upstream of a line drawn between latitude / longitude map coordinate (37°25'29.0",-76°23'53.0") and map coordinate (37°25'25.9",-76°23'49.6").

M1. The conditionally approved (seasonally closed status) area shall include that portion of Greenmansion Cove and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°25'32.4",-76°24'11.2") and map coordinate (37°25'31.5",-76°24'08.3"); but excludes the area defined as Section E.

M2. The conditionally approved (open status) area shall include that portion of Blackwater Creek inland of a line drawn between latitude / longitude map coordinate (37°25'12.3",-76°24'17.7"), map coordinate (37°25'14.7",-76°24'15.0"), map coordinate (37°25'13.0",-76°24'12.6"), and map coordinate (37°25'10.8",-76°24'15.0"); but is shown only in the report and not the map.

cond042-131map