NOTICE AND DESCRIPTION OF SHELLFISH AREA CONDEMNATION
NUMBER 009-141, COD AND PRESLEY CREEKS
EFFECTIVE 15 APRIL 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 009-141, Cod and Presley Creeks,” effective 15 March 2024, is cancelled effective 15 April 2025.
2. Condemned Shellfish Area Number 009-141, shown as Sections A through D, is hereby established effective 15 April 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 “Cod and Presley Creeks, Condemned Shellfish Area Number 009-141, 15 April 2025” which is part of this notice.
3. Conditionally Approved Shellfish Area (open status) Number 009-141, shown as Sections M1 and M2, is hereby established effective 15 April 2025. It shall be unlawful for any person, firm or corporation to take shellfish from these areas during such period 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 “Cod and Presley Creeks, Condemned Shellfish Area Number 009-141, 15 April 2025” which is a 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 009-141
A. The condemned area shall include that portion of Cod Creek and its tributaries upstream of a line drawn from latitude / longitude map coordinate (37°58'28.8",-76°26'35.0") to map coordinate (37°58'25.8",-76°26'29.4").
B. The condemned area shall include that portion of the eastern branch of Cod Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°58'23.3",-76°26'08.2") and map coordinate (37°58'22.1",-76°25'59.9").
C. The condemned area shall include all of Presley Creek and its tributaries upstream of a line drawn between latitude / longitude map coordinate (37°58'03.4",-76°25'02.8") and map coordinate (37°58'02.6",-76°25'01.8").
D. The condemned area shall include all of the unnamed tidal pond located north of Cod Creek upstream of a line drawn between latitude / longitude map coordinate (37°58'57.1",-76°26'25.5") and map coordinate (37°58'56.6",-76°26'25.1").
M1. The conditionally approved area (open status) shall include that portion of Cod Creek lying inland of a line drawn between latitude / longitude map coordinate (37°58'46.3",-76°26'29.6") and map coordinate (37°58'41.9",-76°26'30.8") and is part of the approved waters that are unshaded: but is shown in the report only.
M2. The conditionally approved area (open status) shall include that portion of Cod Creek lying inland of a line drawn between latitude / longitude map coordinate (37°58'43.4",-76°25'54.1") and map coordinate (37°58'35.5",-76°25'55.6") and is part of the approved waters that are unshaded; but is shown in the report only.
