28.2-524 - Taking oysters or clams in certain areas; limitations.
§ 28.2-524. Taking oysters or clams in certain areas; limitations.
The Commission, in order to protect and promote the oyster or clam fishery,may open and close the following areas, or any parts thereof, for the takingof oysters or clams or prescribe the manner, method, size, and season ofoyster or clam catch:
1. That portion of Pocomoke Sound and Tangier Sound contained within theboundaries of a line commencing at buoy "A" on the Commonwealth of Virginiaand State of Maryland line, thence 114° true 2.17 miles to Long Point,thence 137° true 3.40 miles to beacon number "2" off Ebb Point, thence208° true 2.15 miles to beacon number "2" off Halfmoon Point, thence216° true 1.78 miles to beacon number "11" off Deep Creek, thence285° true 2.67 miles to beacon number "1" off Camp Island, thence238° true 1.77 miles to beacon number "6" off Beach Island, thence155° true 2.75 miles to beacon number "2" off Chesconessex Creek,thence 223° true 2.49 miles to beacon number "1" off Ware Point, thence275° true 3.13 miles to bell buoy number R "2," thence 276° true7.08 miles to can buoy number C "34," thence 049° true 3.09 miles tocan buoy number C "1," thence 049° true 1.73 miles to Tangier IslandLight House, thence 011° true 2.70 miles to beacon number "3" offTangier Island, thence 319° true 0.62 miles to beacon number "1" offTangier Island, thence 332° true 3.15 miles to mean low-water mark onNorth East point on Fishbone Island, thence 005° true 2.68 miles to meanlow-water mark on south end of Horse Hammock, thence following mean low waternortherly to the State of Maryland and the Commonwealth of Virginia line,thence, following the Maryland and Virginia state boundary line back to thepoint of beginning.
The Commission shall also have authority over the area as contained withinthe boundaries of a line commencing at buoy "A" on the Commonwealth ofVirginia and State of Maryland line; thence, in a northeasterly directionapproximately 1.74 miles along the said Virginia-Maryland line to a pointwhich is approximately 260 feet northeast of buoy "C" on said line; thence,in a southwesterly and southern direction along the eastern boundary line ofPublic Ground No. 12 and Public Ground No. 13 approximately 1.73 miles to thenorthern line of the Fisheries Management Area running from buoy "A" toLong Point; thence, in a northwesterly direction approximately 1.07 miles tobuoy "A" and point of beginning.
2. That portion of Chesapeake Bay between Smith Point and Windmill Pointcontained within the boundaries of a line commencing at Smith PointLighthouse, thence southerly through a line of nun buoys numbered "C79,""C77," "C73," "C71," "C69," "C67," "C65," to a beacon designatedBR "R," all as they are now positioned or as they may be subsequentlyrepositioned by the United States Coast Guard, thence northwesterly toWindmill Point Lighthouse, thence continuing northwesterly along a sectorline to the mean low-water line on Windmill Point, thence northerly along themean low-water line around Fleets Island to a point which is south of abeacon numbered 5M, thence north to the beacon numbered 5M, thencenortheasterly to a beacon numbered 6M"B," thence northerly to corner 4 ofPublic Ground No. 28, thence along the western and northern line of PublicGround No. 28 through corners 3, 2 and 1 to corner 8 thereof, thencenortheasterly to corner 1 of Public Ground No. 29, thence along the westernand northern line of Public Ground No. 29 through corner 4 thereof to anintersection point of Public Ground No. 29 and Public Ground No. 117, thencenortherly to the mean low-water line on Bull Neck, thence northerly along themean low-water line to Smith Point, thence southeasterly to Smith PointLighthouse, the point of beginning.
3. That portion of Piankatank River contained within the boundaries of a linecommencing at the southern-most point of Stove Point; thence, in asoutheasterly direction to the extreme northwestern-most point of GwynnIsland known as Cherry Point; thence, in a southwesterly direction along theshoreline of Gwynn Island to the No. 3 light at the mouth of Narrows Point;thence, in a northwesterly direction to No. 10 light at Stove Point; thence,in a northeasterly direction to Stove Point and the point of beginning.
(1978, c. 85, §§ 28.1-128.1, 28.1-128.3, 28.1-128.4; 1981, cc. 52, 63; 1982,c. 77; 1984, cc. 224, 242; 1992, c. 836.)