NOTICE AND DESCRIPTION OF SHELLFISH AREA CONDEMNATION
NUMBER 013-089, UPPER GREAT WICOMICO RIVER
EFFECTIVE 15 MAY 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 013-089, Upper Great Wicomico River,” effective 15 June 2025, is cancelled effective 15 May 2026.
2. Condemned Shellfish Area Number 013-089, shown as Sections A through F, is hereby established effective 15 May 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 Great Wicomico River, Condemned Shellfish Number 013-089, 15 May 2026” which is part of this notice.
3. Conditionally Approved Shellfish Area (Seasonally Closed Status) Number 013-089, shown as Sections M1 and M2, is hereby established effective 15 May 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in force annually thereafter for the period beginning the first day of April through the last day of October until rescinded.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 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 “Upper Great Wicomico River, Condemned Shellfish Number 013-089, 15 May 2026” which is part of this notice.
4. Conditionally Approved Shellfish Area (Closed Status) Number 013-089, shown as Sections M3, M4 and M5, is hereby established effective 15 May 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 “Upper Great Wicomico River, Condemned Shellfish Number 013-089, 15 May 2026” which is part of this notice.
5. Seasonally Condemned Shellfish Number 013-089, shown as Sections S178, S179 and S180, is hereby established effective 15 May 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 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 “Upper Great Wicomico River, Condemned Shellfish Number 013-089, 15 May 2026” which is part of this notice.
6. 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 013-089
A. The condemned area shall include that portion of the Great Wicomico River and its tributaries upstream of a line drawn between latitude/longitude map coordinate (37°52'14.6",-76°24'17.9") and map coordinate (37°52'02.9",-76°24'31.9").
B. The condemned area shall include that portion of Betts Mill Creek and its tributaries upstream of a line drawn between latitude/longitude map coordinate (37°51'54.1",-76°21'58.6") and map coordinate (37°51'53.6",-76°21'52.9").
C. The condemned area shall include that portion of Coles Creek and its tributaries upstream of a line drawn between latitude/longitude map coordinate (37°51'20.0",-76°21'28.0") and map coordinate (37°51'17.9",-76°21'29.4").
D. The condemned area shall include all of Blackwells Creek and its tributaries upstream of a line drawn between latitude/longitude map coordinate (37°52'10.2",-76°23'24.1") and map coordinate (37°52'08.3",-76°23'18.7").
E. The condemned area shall include that portion of Tipers Creek and its tributaries upstream of a line drawn between latitude/longitude map coordinate (37°50'16.3",-76°21'52.4") and map coordinate (37°50'17.3",-76°21'47.5").
F. The condemned area shall include that portion of Balls Creek and its tributaries upstream of a line drawn between latitude/longitude map coordinate (37°50'48.1",-76°22'55.8") and map coordinate (37°50'41.2",-76°22'55.7").
M1. The conditionally approved area (seasonally closed status) shall include that portion of the Great Wicomico River inland of a line drawn between latitude/longitude map coordinate (37°51'10.2",-76°21'46.1"), map coordinate (37°51'09.3",-76°21'43.6"), map coordinate (37°51'05.3",-76°21'46.6"), and map coordinate (37°51'06.9",-76°21'51.1").
M2. The conditionally approved area (seasonally closed status) shall include that portion of the Great Wicomico River inland of a line drawn between latitude/longitude map coordinate (37°50'56.7",-76°22'04.7"), map coordinate (37°50'54.3",-76°22'06.7"), map coordinate (37°50'52.0",-76°22'01.5"), and map coordinate (37°50'54.8",-76°22'00.1").
M3. The conditionally approved area (closed status) shall include that portion of Coles Creek inland of a line drawn between latitude/longitude map coordinate (37°51'25.4",-76°21'28.8"), map coordinate (37°51'21.1",-76°21'25.6"), and map coordinate (37°51'20.2",-76°21'27.1"); and is shown as part of Section C.
M4. The conditionally approved area (closed status) shall include that portion of Blackwells Creek inland of a line drawn between latitude/longitude map coordinate (37°52'27.6",-76°23'21.2"), map coordinate (37°52'25.9",-76°23'20.1"), and map coordinate (37°52'22.5",-76°23'19.7"); and is shown as part of Section D.
M5. The conditionally approved area (closed status) shall include that portion of the Great Wicomico River inland of a line drawn between latitude/longitude map coordinate (37°52'14.7",-76°25'39.3"), map coordinate (37°52'16.3",-76°25'38.2"), map coordinate (37°52'14.2",-76°25'31.6"), and map coordinate (37°52'12.4",-76°25'32.3"); and is shown as part of Section A.
S178. The seasonally condemned area shall include that portion of Tipers Creek and its tributaries upstream of a line drawn between latitude/longitude map coordinate (37°50'35.1",-76°21'29.6") and map coordinate (37°50'34.0",-76°21'27.0"); but excludes the area defined as Section E.
S179. The seasonally condemned area shall include that portion of Balls Creek and its tributaries upstream of a line drawn between latitude/longitude map coordinate (37°50'53.5",-76°22'28.8") and map coordinate (37°50'52.3",-76°22'22.8"); but excludes the area defined as Section F.
S180. The seasonally condemned area shall include that portion of Betts Mill Creek and its tributaries upstream of a line drawn between latitude/longitude map coordinate (37°51'43.5", -76°22'06.0") and map coordinate (37°51'44.8",-76°22'04.9"); but excludes the area defined as Section B.
