28.2-409 - Menhaden fishing prohibited in certain areas; exception.
§ 28.2-409. Menhaden fishing prohibited in certain areas; exception.
A. Except as provided in subsection B of this section, it shall be unlawfulto take or catch menhaden with purse nets in the following waters:
1. In the Piankatank River and its tributaries above and west of a linebeginning at the northernmost, as measured from the low-water mark, edge ofland known as Gwynn's Island at or near the mouth of Kibble Pond, thence in anortherly direction in a straight line to the easternmost edge of high landon Stingray Point;
2. In the Rappahannock River and its tributaries above and west of the R.O.Norris, Jr., Bridge;
3. In the York River and its tributaries above and west of a line extendingnorthwardly from the western line of Goodwin Islands through the western lineof Ellen Island to the northern bank of the York;
4. In the East, North, Ware and Severn Rivers and their tributaries; and
5. In Cape Charles harbor eastward of a line from the western tip of thejetty on the southern side of the channel to the westernmost tip of the jettyon the northern side of the channel; in Kings Creek and Cherrystone inleteastward of a line from the western end of the jetty on the north side ofCape Charles harbor to the southern end of Wescoat Point; in Mattawoman andHungars Creek eastward of a line from the northwesternmost tip of land in OldTown Neck to Great Neck Point; in Nassawadox Creek eastward of a line fromShooting Point to Nassawadox Point; in Occohannock Creek eastward of a linefrom Sparrow Point to the southernmost tip of Powells Bluff; in Nandua Creekeastward of a line from the northernmost point of Milbys Point to thesouthwesternmost point of land in Hacks Neck, said line having a true bearingof 027°; in Pungoteague Creek eastward of a line from Bluff Point to thesoutheasternmost point of Finneys Island; in Onancock Creek eastward of aline from Thicket Point to Ware Point; in Chesconessex Creek eastward of aline from the northernmost point of Sound Beach to the northwesternmost pointof Beach Island; in Deep Creek, Hunting Creek and Guilford Creek eastward ofa line from the easternmost tip of Russel Island to Halfmoon Point to PetersPoint to Simpson Point to Flood Point to Ebb Point to the mouth of Great Gut;in Messongo Creek eastward of a line from South Point to North Point in theVirginia portion of the Pocomoke River northeast of a line from Long Point toVirginia-Maryland spar buoy "A"; in the Great Wicomico River from the mouthof Whay's Creek to Sandy Point; in Dividing Creek, Prentice Creek and JarvisCreek westward of a line from Hughlett Point to Jarvis Point; in Indian Creekand Henrys Creek westward of a line from the southeasternmost point of landon the eastern side of the mouth of Henrys Creek to the easternmost point ofFleets Bay Neck; in Dymers Creek westward of a line from the southernmostpoint of Grog Island to the easternmost point of Poplar Neck; in Tabbs Creekwestward of the line across the mouth of the creek at its narrowest point; inHorn Harbor and Dyer Creek westward of a line from the southernmost tip ofBeach Point to the northernmost point on the south side of the mouth of DyerCreek; in Back Creek, Clarkston Creek, Chisman Creek, Poquoson River, BennettCreek, and adjacent waters westward of a line from the southeasternmost pointof Goodwin Islands to the westernmost point of Cow Island; in Back Riverwestward of a line from Plumtree Point to the westernmost point of NorthendPoint; in Little Creek southward of a line from the north point of the westjetty to the north point of the east jetty; in Lynnhaven Bay southward of theLynnhaven Inlet Bridge on U. S. Route 60.
B. During the period from the first Monday in May through the third Friday inNovember, vessels under seventy gross tons which are licensed in accordancewith subdivision 1 of § 28.2-402 are authorized to take or catch menhaden inthe following waters: in the Rappahannock River eastward and southward from aline extending from Towles Point to Burnham Wharf and from Orchard Point toTowles Point; in Dividing Creek eastward from a line extending from JarvisPoint to Ditchley Pump House; in Indian Creek eastward from a line directlyacross the creek at Rappahannock Oyster Company; in Dymers Creek eastwardfrom a line directly across the creek at the eastern end of Standard Productsdock.
(Code 1950, § 28-61; 1960, c. 517; 1962, c. 406, § 28.1-59; 1966, c. 695;1974, c. 313; 1978, cc. 347, 358; 1979, c. 274; 1980, c. 605; 1982, c. 461;1988, c. 710; 1992, c. 836.)