NOTICE AND DESCRIPTION OF SHELLFISH AREA CONDEMNATION
NUMBER 032-104, STURGEON AND BROAD 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 032-104, Sturgeon and Broad Creeks,” effective 15 October 2025, is cancelled effective 15 August 2026.
2. Condemned Shellfish Area Number 032-104, shown as Sections A through C, is hereby established effective 15 August 2026. As to Sections A and B, 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 C, it shall be unlawful for any person, firm or corporation to take shellfish from this area, for any purpose. The boundaries of these sections are shown on the map titled “Sturgeon and Broad Creeks, Condemned Shellfish Area Number 032-104, 15 August 2026” which is part of this notice.
3. Conditionally Approved Shellfish Area (Closed Status) Number 032-104, shown as Sections M1 through M3, is hereby established, effective 15 August 2026. 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 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 “Sturgeon and Broad Creeks, Condemned Shellfish Area Number 032-104, 15 August 2026” which is part of this notice.
4. Seasonally Condemned Shellfish Area Number 032-104, shown as Sections S36 and S37, 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in force annually thereafter for the period beginning the first day of April through the last day of October until rescinded.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 these areas during such period for any purpose, 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 “Sturgeon and Broad Creeks, Condemned Shellfish Area Number 032-104, 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 032-104
A. The condemned area shall include that portion of Sturgeon Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°33'39.5",-76°20'30.7") and map coordinate (37°33'36.8",-76°20'28.2").
B. The condemned area shall include that portion of Hunting Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°34'08.4",-76°20'39.3") and map coordinate (37°34'07.9",-76°20'35.4").
C. The condemned area shall include that portion of Broad Creek and its tributaries lying upstream of a line drawn between latitude / longitude map coordinate (37°33'34.6",-76°18'50.3") and map coordinate (37°33'34.6",-76°18'50.3").
M1. The conditionally approved area (closed status) shall include that portion of Broad Creek and its tributaries lying upstream of a line drawn between latitude / longitude map coordinate (37°33'48.0",-76°19'09.6") and map coordinate (37°33'47.1",-76°18'37.7"), but excluding the area defined as Section C.
M2. The conditionally approved area (seasonally closed status) shall include that portion of Sturgeon Creek inland of a line drawn between latitude / longitude map coordinate (37°33'43.1",-76°20'31.7"), map coordinate (37°33'43.1",-76°20'28.5"), and map coordinate (37°33'46.7",-76°20'28.7"); and is shown as part of Section S37.
M3. The conditionally approved area (closed status) shall include that portion of Sturgeon Creek inland of a line drawn between latitude / longitude map coordinate (37°33'29.0",-76°20'47.6"), map coordinate (37°33'31.1",-76°20'49.4"), map coordinate (37°33'34.0",-76°20'44.9"), and map coordinate (37°33'31.8",-76°20'42.9"); and is shown as part of Section A.
S36. The seasonally condemned area shall include that portion of Hunting Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°34'19.1",-76°20'35.2") and map coordinate (37°34'19.0",-76°20'34.5"); but excludes the area defined as Section B.
S37. The seasonally condemned area shall include that portion of Sturgeon Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°33'54.3",-76°20'20.0") and map coordinate (37°33'44.1",-76°20'13.2"); but excludes the area defined as Section A.
