NOTICE AND DESCRIPTION OF SHELLFISH AREA CONDEMNATION
NUMBER 089-011, CAPE CHARLES AND VICINITY
EFFECTIVE 2 DECEMBER 2005
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 089-011, Cape Charles and Vicinity," effective 19 December 2001, is cancelled effective 2 December 2005.
2. Condemned Shellfish Area Number 089-011, shown as Sections A and B, is established, effective 2 December 2005. As to Section A, 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. As to Section B, it shall be unlawful for any person, firm or corporation to take shellfish from this area for any purpose. The boundaries of these areas are shown on the map titled "Cape Charles and Vicinity, Condemned Shellfish Area Number 089-011, 2 December 2005" which is part of this notice.
3. 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 089-011
A. The condemned area shall include all of Cape Charles Harbor and that portion of the Chesapeake Bay enclosed by a line drawn from latitude / longitude map coordinate (37°16'23.0",-76°01'18.8"), to map coordinate (37°16'23.8",-76°01'34.7"), to map coordinate (37°15'25.9",-76°02'07.1"), to map coordinate (37°15'28.2",-76°01'29.7"); but excluding the area defined as Section B.
B. The condemned area shall include all of that portion of Cape Charles Harbor lying upstream of a line drawn from latitude / longitude map coordinate (37°15'58.4",-76°01'21.5") to map coordinate (37°15'49.0",-76°01'21.2").
