NOTICE AND DESCRIPTION OF SHELLFISH AREA CONDEMNATION
NUMBER 037-061, STUTTS CREEK AND VICINITY
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 of Establishment and Description of Shellfish Area Condemnation Number 037-061, Stutts Creek and Vicinity,” effective 15 April 2025, is cancelled effective 15 March 2026.
2. Condemned Shellfish Area Number 037-061, 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 “Stutts Creek and Vicinity, Condemned Shellfish Area Number 037-061, 15 March 2026” which is part of this notice.
3. Conditionally Approved Shellfish Area (Seasonally Closed Status) Number 037-061, shown as Sections M1 through M5, is hereby 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in force annually thereafter for the period beginning the first day of April through the last day of October until rescinded.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 “Stutts Creek and Vicinity, Condemned Shellfish Area Number 037-061, 15 March 2026” which is part of this notice.
4. Seasonally Condemned Shellfish Area Number 037-061, shown as Sections S128 through S131, is hereby 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in force annually thereafter for the period beginning the first day of April through the last day of October until rescinded.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 “Stutts Creek and Vicinity, Condemned Shellfish Area Number 037-061, 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 037-061
A. The condemned area shall include that portion of Stutts Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°27'48.3",-76°18'45.1") and map coordinate (37°27'44.0",-76°18'45.6").
B. The condemned area shall include all of the unnamed tributary of Stutts Creek upstream of a line drawn between latitude / longitude map coordinate (37°27'49.4",-76°18'18.7") and map coordinate (37°27'49.6",-76°18'15.9").
C. The condemned area shall include that portion of Morris Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°27'28.9",-76°18'22.9") and map coordinate (37°27'25.9",-76°18'17.6").
M1. The conditionally approved area (seasonally closed status) shall include that portion of Stoakes Creek inland of a line drawn between latitude / longitude map coordinate (37°27'03.2",-76°16'21.4") and map coordinate (37°26'58.2",-76°16'21.8").
M2. The conditionally approved area (seasonally closed status) shall include that portion of Billups Creek inland of a line drawn between latitude / longitude map coordinate (37°27'11.3",-76°16'41.0") and map coordinate (37°27'03.6",-76°16'41.9").
M3. The conditionally approved area (seasonally closed status) shall include that portion of Stutts Creek inland of a line drawn between latitude / longitude map coordinate (37°27'36.1",-76°18'09.5"), map coordinate (37°27'40.3",-76°18'04.1"), and map coordinate (37°27'37.9",-76°18'00.5").
M4. The conditionally approved area (seasonally closed status) shall include that portion of Stutts Creek inland of a line drawn between latitude / longitude map coordinate (37°27'48.6",-76°18'37.3"), map coordinate (37°27'46.8",-76°18'39.2"), map coordinate (37°27'43.3",-76°18'33.2"), and map coordinate (37°27'46.8",-76°18'21.7"); and is shown as part of Section S128.
M5. The conditionally approved area (seasonally closed status) shall include that portion of the unnamed tributary of Stutts Creek upstream of a line drawn between latitude / longitude map coordinate (37°28'29.7",-76°17'30.7") and map coordinate (37°28'32.7",-76°17'29.6"); and is shown as part of Section S130.
S128. The seasonally condemned area shall include that portion of Stutts and Morris Creeks upstream of a line drawn between latitude / longitude map coordinate (37°27'46.1",-76°18'09.7") and map coordinate (37°27'36.4",-76°18'11.6"); but excludes the areas defined as Sections A and C.
S129. The seasonally condemned area shall include that portion of Billups Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°26'58.4",-76°17'05.4") and map coordinate (37°26'54.9",-76°16'56.7").
S130. The seasonally condemned area shall include that portion of the unnamed tributary of Stutts Creek upstream of a line drawn between latitude / longitude map coordinate (37°28'22.8",-76°17'24.5") and map coordinate (37°28'23.1",-76°17'23.5").
S131. The seasonally condemned area shall include that portion of Hudgins Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°27'35.3",-76°17'46.8") and map coordinate (37°27'36.2",-76°17'43.2").