Shellfish Area Condemnation # 020-041

NOTICE AND DESCRIPTION OF SHELLFISH AREA CONDEMNATION
NUMBER 020-041, CARTER CREEK
EFFECTIVE 15 NOVEMBER 2025
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 020-041, Carter Creek,” effective 15 October 2024, is cancelled effective 15 November 2025.
2. Condemned Shellfish Area Number 020-041, shown as Sections A through E, is hereby established effective 15 November 2025.  As to Sections A through D; 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.  As to Section E, it shall be unlawful for any person, firm or corporation to take shellfish from this area, for any purpose.  The boundaries of these areas are shown on the map titled “Carter Creek, Condemned Shellfish Area Number 020-041, 15 November 2025” which is part of this notice.
3. Conditionally Approved Shellfish Area (Seasonally Closed Status) Shellfish Area Number 020-041, shown as Sections M1 through M3, is hereby established effective 15 November 2025, 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in force annually thereafter for the period beginning the first day of April through the last day of October until rescinded.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 while in the closed status, except by permit granted by 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 “Carter Creek, Condemned Shellfish Area Number 020-041, 15 November 2025” which is part of this notice.
4. Conditionally Approved Shellfish Area (Closed Status) Shellfish Area Number 020-041, shown as Sections M4 and M5, is hereby established effective 15 November 2025, and shall remain in force until rescinded.  It shall be unlawful for any person, firm or corporation to take shellfish from these areas during such period for any purpose while in the closed status, except by permit granted by 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 “Carter Creek, Condemned Shellfish Area Number 020-041, 15 November 2025” 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 020-041
A. The condemned area shall include that portion of the Eastern Branch of Carter Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°39'11.0",-76°24'57.7") and map coordinate (37°39'04.9",-76°25'02.
B. The condemned area shall include that portion of Carter Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°39'26.8",
-76°26'15.5"), map coordinate (37°39'26.4",-76°26'09.6"),  and map coordinate (37°39'25.9",-76°26'03.4"); but excluding the area defined as Section E.
C. The condemned area shall include that portion of the Eastern Branch of Carter Creek inland of a line drawn between latitude / longitude map coordinate (37°39'15.7",-76°25'24.2") and map coordinate (37°39'14.6",-76°25'09.7").
D. The condemned area shall include that portion of Bridge Cove upstream of a line drawn between latitude / longitude map coordinate (37°39'30.6",-76°25'42.2") and map coordinate (37°39'31.8",-76°25'38.9").
E. The condemned area shall include that portion of Carter Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°39'41.8",-76°26'08.0") and map coordinate (37°39'40.5",-76°25'57.6").
M1. The conditionally approved area (seasonally closed status) shall include that portion of Carter Cove inland of a line drawn between latitude / longitude map coordinate (37°39'37.9",-76°26'38.8"), map coordinate (37°39'36.5",-76°26'39.8"), map coordinate (37°39'31.6",-76°26'31.1"), and map coordinate (37°39'28.3",-76°26'19.9").
M2. The conditionally approved area (seasonally closed status) shall include that portion of Carter Cove inland of a line drawn between latitude / longitude map coordinate (37°39'34.4",-76°26'48.7"), map coordinate (37°39'35.3",-76°26'49.0"), map coordinate (37°39'36.3",-76°26'44.3"), and map coordinate (37°39'34.2",-76°26'42.6").
M3. The conditionally approved area (seasonally closed status) shall include that portion of Carter Creek inland of a line drawn between latitude / longitude map coordinate (37°39'20.4",-76°26'04.1"), map coordinate (37°39'19.7",-76°26'09.8"), map coordinate (37°39'26.4",-76°26'09.6"), and map coordinate (37°39'25.9",-76°26'03.4").
M4. The conditionally approved area (closed status) shall include that portion of the Eastern Branch of Carter Creek inland of a line drawn between latitude / longitude map coordinate (37°39'17.1",-76°25'23.4") and map coordinate (37°39'16.1",-76°25'10.8"); but is located entirely within Section C and referenced only in the report.
M5. The conditionally approved area (closed status) shall include that portion of Carter Creek inland of a line drawn between latitude / longitude map coordinate (37°39'32.4",-76°26'00.3"), map coordinate (37°39'34.2",-76°26'03.8"), map coordinate (37°39'36.9",-76°26'01.8"), and map coordinate (37°39'35.3",-76°25'58.1"); but is located entirely within Section B and referenced only in the report.
cond020-041map