NOTICE AND DESCRIPTION OF SHELLFISH AREA CONDEMNATION
NUMBER 053-222, BENNETT CREEK
EFFECTIVE 15 APRIL 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 053-222, Bennett Creek,” effective 15 June 2024, is cancelled effective 15 April 2026.
2. Condemned Shellfish Area Number 053-222, shown as Sections A through E, is hereby established effective 15 April 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 “Bennett Creek, Condemned Shellfish Area Number 053-222, 15 April 2026” which is part of this notice.
3. Conditionally Approved Shellfish Area (Closed Status) Number 053-222, shown as Sections M1 through M3, is hereby established effective 15 April 2026. 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 “Bennett Creek, Condemned Shellfish Area Number 053-222, 15 April 2026” 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 053-222
A. The condemned area shall include that portion of Roberts Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°09'24.3",-76°23'40.7") and map coordinate (37°09'21.2",-76°23'36.8").
B. The condemned area shall include that portion of Lyons Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°09'02.6",-76°22'52.6") and map coordinate (37°08'59.7",-76°22'46.6").
C. The condemned area shall include that portion of White House Cove and its tributaries upstream of a line drawn between latitude/longitude map coordinate (37°08'45.0",-76°22'29.1") and map coordinate (37°08'43.5",-76°22'25.1").
D. The condemned area shall include that portion of Floyds Bay and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°08'26.7",-76°22'12.2") and map coordinate (37°08'23.5",-76°22'11.4").
E. The condemned area shall include that portion of Bennett Creek and its tributaries upstream of a line drawn between latitude/longitude map coordinate (37°08'15.4",-76°21'50.1") and map coordinate (37°08'13.9",-76°21'46.1").
M1. The conditionally approved area (closed status) shall include that portion of White House Cove and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°08'45.0",-76°22'29.1") and map coordinate (37°08'43.5",-76°22'25.1"); but is shown in the report only,
M2. The conditionally approved area (closed status) shall include that portion of White House Cove and its tributaries downstream of a line drawn between latitude / longitude map coordinate (37°08'29.9",-76°22'48.5") and map coordinate (37°08'26.9",-76°22'47.7"); and upstream of a second line drawn between map coordinate (37°08'36.9",-76°22'35.0") and map coordinate (37°08'37.7",-76°22'30.0"); but is shown in the report only.
M3. The conditionally approved area (closed status) shall include that portion of White House Cove and its tributaries inland of a line drawn between latitude / longitude map coordinate (37°08'26.3",-76°22'56.4"), map coordinate (37°08'28.2",-76°22'51.9"), map coordinate (37°08'25.0",-76°22'49.4"),and map coordinate (37°08'23.6",-76°22'52.6"); but is shown in the report only.
