NOTICE AND DESCRIPTION OF SHELLFISH AREA CONDEMNATION
NUMBER 035-076, UPPER PIANKATANK RIVER
EFFECTIVE 15 FEBRUARY 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 035-076, Upper Piankatank River,” effective 15 January 2025, is cancelled effective 15 February 2026.
2. Condemned Shellfish Area Number 035-076, shown as Sections A through D, is established effective 15 February 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 “Upper Piankatank River, Condemned Shellfish Area Number 035-076, 15 February 2026” which is part of this notice.
3. Conditionally Approved Shellfish Area (seasonally closed status) Number 035-076, shown as Section M1, is hereby established, effective 15 February 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in force annually thereafter for the period beginning the first day of April through the last day of October until rescinded.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 this area 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 “Upper Piankatank River, Condemned Shellfish Number 035-076, 15 February 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 035-076
A. The condemned area shall include that portion of the Piankatank River and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°32'20.1",
- 76°29'41.6") and map coordinate (37°32'10.2",-76°29'43.5").
B. The condemned area shall include that portion of Ferry Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°31'08.1",-76°27'39.5") and map coordinate (37°31'00.4",-76°27'35.3").
C. The condemned area shall include all of Dancing Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°30'56.8",-76°27'06.3") and map coordinate (37°30'52.2",-76°27'03.6").
D. The condemned area shall include all of Frenchs Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°31'45.6",-76°28'51.8") and map coordinate (37°31'45.2",-76°28'52.2").
M1. The conditionally approved (seasonally closed status) area shall include that portion of the Piankatank River and its tributaries inland of a line drawn between latitude / longitude map coordinate (37°31'35.0",-76°28'08.2"), map coordinate (37°31'39.0",-76°28'10.0"), map coordinate (37°31'39.7",-76°28'07.1"), and map coordinate (37°31'35.8", -76°28'05.5").
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