NOTICE AND DESCRIPTION OF SHELLFISH AREA CONDEMNATION
NUMBER 041-212, LOWER EAST RIVER
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 041-212, Lower East River,” effective 15 October 2022, is cancelled effective 15 November 2025.
2. Shellfish Condemnation Area Number 041-212, shown as Section A through C, is hereby established effective 15 November 2025. 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 “Lower East River, Condemned Shellfish Area Number 041-212, 15 November 2025” which is part of this notice.
3. Conditionally Approved Shellfish Area (Seasonally Closed Status) Number 041-212, shown as Section M1, 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in force annually thereafter for the period beginning the first day of April through the last day of October until rescinded.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 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 “Lower East River, Condemned Shellfish Area Number 041-212, 15 November 2025” which is part of this notice.
4. 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 041-212
A. The condemned area shall include all of the unnamed tributary of the East River upstream of a line drawn between latitude/longitude map coordinate (37°24'24.8",-76°21'04.7") and map coordinate (37°24'22.2",-76°21'04.6").
B. The condemned area shall include that portion of Miles Creek upstream of a line drawn between latitude/longitude map coordinate (37°24'14.8",-76°21'13.3") and map coordinate (37°24'12.1",-76°21'16.4").
C. The condemned area shall include all of Mills Creek and its tributaries upstream of a line drawn between latitude/longitude map coordinate (37°24'02.2",-76°21'08.3") and map coordinate (37°24'01.7",-76°21'08.3").
M1. The conditionally approved area (seasonally closed) area shall include all of the unnamed tributary north of Whites Creek inland of a line drawn between latitude/longitude map coordinate (37°22'45.1",-76°20'47.9"), map coordinate (37°22'43.6",-76°20'44.1"), and map coordinate (37°22'41.3",-76°20'44.3").
