NOTICE AND DESCRIPTION OF SHELLFISH AREA CONDEMNATION
NUMBER 047-003, TIMBERNECK CREEK
EFFECTIVE 15 SEPTEMBER 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 047-003, Timberneck Creek,” effective 15 August 2024, is cancelled effective 15 September 2025.
2. Condemned Shellfish Area Number 047-003, shown as Section A, is hereby established effective 15 September 2025. It shall be unlawful for any person, firm, or corporation to take shellfish from this area 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 this area are shown on the map titled “Timberneck Creek, Condemned Shellfish Area Number 047-003, 15 September 2025” which is part of this notice.
3. Conditionally Approved Shellfish Area (seasonally closed status) Number 047-003, shown as Sections M1 and M2, is hereby established effective 15 September 2025. 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 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 “Timberneck Creek, Condemned Shellfish Area Number 047-003, 15 September 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 047-003
A. The condemned area shall include that portion of Timberneck Creek and its tributaries upstream of a line from latitude / longitude map coordinate (37°17'30.2",-76°32'24.5") to map coordinate (37°17'16.4",-76°32'09.2").
M1. The conditionally approved area (closed status) shall include that portion of Timberneck Creek inland of a line drawn between latitude / longitude map coordinate (37°17'52.7",-76°32'01.0"), map coordinate (37°17'49.6",-76°31'59.1"), and map coordinate (37°17'44.4",-76°32'04.9"); but is shown in the report only.
M2. The conditionally approved area (closed status) shall include all of the inlet at VIMS upstream of a line from latitude / longitude map coordinate (37°14'45.3",-76°30'19.6") to map coordinate (37°14'45.9",-76°30'18.1").
