NOTICE AND DESCRIPTION OF SHELLFISH AREA CONDEMNATION
NUMBER 001-088, ROSIER CREEK
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 001-088, Rosier Creek,” effective 15 July 2025, is cancelled effective 15 May 2026.
2. Condemned Shellfish Area Number 001-088, shown as Sections A and B, 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 “Rosier Creek, Condemned Shellfish Area Number 001-088, 15 May 2026” which is part of this notice.
3. Conditionally Approved Shellfish Area (Seasonally Closed status) Number 001-088, shown as Section M1, 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in force annually thereafter for the period beginning the first day of April through the last day of October until rescinded.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 this area 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 this area are shown on the map titled “Rosier Creek, Condemned Shellfish Area Number 001-088, 15 May 2026” which is part of this notice.
4. Conditionally Approved Shellfish Area (Closed status) Number 001-088, shown as Section M2, is hereby established effective 15 May 2026. It shall be unlawful for any person, firm or corporation to take shellfish from this area 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 this area are shown on the map titled “Rosier Creek, Condemned Shellfish Area Number 001-088, 15 May 2026” which is part of this notice.
5. 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 001-088
A. The condemned area shall include that portion of Rosier Creek and its tributaries upstream of a line drawn between latitude/longitude map coordinate (38°16'31.4",-77°00'34.3") and map coordinate (38°16'25.7",-77°00'19.7").
B. The condemned area shall include all of Golden Creek and its tributaries upstream of a line drawn between latitude/longitude map coordinate (38°16'28.2",-76°59'59.6") and map coordinate (38°16'23.8",-76°59'47.5").
M1. The conditionally approved area (seasonally closed status) shall include that portion of Rosier Creek inland of a line drawn between latitude / longitude map coordinate (38°16'44.8",-77°00'26.4"), map coordinate (38°16'42.6",-77°00'25.5"), map coordinate (38°16'42.8",-77°00'20.2"), and map coordinate (38°16'45.2",-77°00'19.8").
M2. The conditionally approved area (closed status) shall include that portion of Rosier Creek inland of a line drawn between latitude / longitude map coordinate (38°16'10.4",-77°00'27.3"), map coordinate (38°16'11.0",-77°00'28.6"), and map coordinate (38°16'15.5",-77°00'26.2"); and is shown as part of Section A.
