NOTICE AND DESCRIPTION OF SHELLFISH AREA CONDEMNATION
NUMBER 009-161, CUBITT AND HACK 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 009-161, Cubitt and Hack Creeks,” effective 27 April 2018, is cancelled effective 15 April 2025.
2. Condemned Shellfish Area Number 009-161, shown as Sections A through C, 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 “Cubitt and Hack Creeks, Condemned Shellfish Area Number 009-161, 15 April 2025” which is part of this notice.
3. Conditionally Approved Shellfish Area (closed status) Number 009-161, shown as Section M1, is hereby established effective 15 April 2025. It shall be unlawful for any person, firm or corporation to take shellfish from this area 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 this area are shown on the map titled “Cubitt and Hack Creeks, Condemned Shellfish Area Number 009-161, 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 009-161
A. The condemned area shall include all of Cubitt Creek and its tributaries lying upstream of a line drawn between latitude / longitude map coordinate (37°56'54.2",-76°20'56.7") and map coordinate (37°56'54.1",-76°20'56.4").
B. The condemned area shall include all of Hack Creek and its tributaries lying upstream of a line drawn between latitude / longitude map coordinate (37°56'01.5",-76°18'53.8") and map coordinate (37°56'01.4",-76°18'53.5").
C. The condemned area shall include all of Flag Pond and its tributaries lying upstream of a line drawn between latitude / longitude map coordinate (37°55'37.1",-76°18'01.5") and map coordinate (37°55'36.6",-76°18'00.9").
M1. The conditionally approved area (closed status) shall include that portion of Hack Creek lying upstream of a line drawn between latitude / longitude map coordinate (37°55'43.8",-76°18'49.3") and map coordinate (37°55'45.6",-76°18'47.3"); and is included in the area defined as Section B.
