                                 CODE OF VIRGINIA

MENHADEN FISHING PROHIBITED IN CERTAIN AREAS; EXCEPTION (§ 28.2-409)

A. Except as provided in subsection B of this section, it shall be unlawful to
take or catch menhaden with purse nets in the following waters:

   1. In the Piankatank River and its tributaries above and west of a line
   beginning at the northernmost, as measured from the low-water mark, edge of
   land known as Gwynn&#8217;s Island at or near the mouth of Kibble Pond, thence
   in a northerly direction in a straight line to the easternmost edge of high
   land on 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 extending
   northwardly from the western line of Goodwin Islands through the western line
   of 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 the jetty
   on the southern side of the channel to the westernmost tip of the jetty on the
   northern side of the channel; in Kings Creek and Cherrystone inlet eastward of
   a line from the western end of the jetty on the north side of Cape Charles
   harbor to the southern end of Wescoat Point; in Mattawoman and Hungars Creek
   eastward of a line from the northwesternmost tip of land in Old Town Neck to
   Great Neck Point; in Nassawadox Creek eastward of a line from Shooting Point
   to Nassawadox Point; in Occohannock Creek eastward of a line from Sparrow
   Point to the southernmost tip of Powells Bluff; in Nandua Creek eastward of a
   line from the northernmost point of Milbys Point to the southwesternmost point
   of land in Hacks Neck, said line having a true bearing of 027&#xB0;; in
   Pungoteague Creek eastward of a line from Bluff Point to the southeasternmost
   point of Finneys Island; in Onancock Creek eastward of a line from Thicket
   Point to Ware Point; in Chesconessex Creek eastward of a line from the
   northernmost point of Sound Beach to the northwesternmost point of Beach
   Island; in Deep Creek, Hunting Creek and Guilford Creek eastward of a line
   from the easternmost tip of Russel Island to Halfmoon Point to Peters Point 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 the
   Virginia portion of the Pocomoke River northeast of a line from Long Point to
   Virginia-Maryland spar buoy &#8220;A&#8221;; in the Great Wicomico River from
   the mouth of Whay&#8217;s Creek to Sandy Point; in Dividing Creek, Prentice
   Creek and Jarvis Creek westward of a line from Hughlett Point to Jarvis Point;
   in Indian Creek and Henrys Creek westward of a line from the southeasternmost
   point of land on the eastern side of the mouth of Henrys Creek to the
   easternmost point of Fleets Bay Neck; in Dymers Creek westward of a line from
   the southernmost point of Grog Island to the easternmost point of Poplar Neck;
   in Tabbs Creek westward of the line across the mouth of the creek at its
   narrowest point; in Horn Harbor and Dyer Creek westward of a line from the
   southernmost tip of Beach Point to the northernmost point on the south side of
   the mouth of Dyer Creek; in Back Creek, Clarkston Creek, Chisman Creek,
   Poquoson River, Bennett Creek, and adjacent waters westward of a line from the
   southeasternmost point of Goodwin Islands to the westernmost point of Cow
   Island; in Back River westward of a line from Plumtree Point to the
   westernmost point of Northend Point; in Little Creek southward of a line from
   the north point of the west jetty to the north point of the east jetty; in
   Lynnhaven Bay southward of the Lynnhaven Inlet Bridge on U. S. Route 60.

B. During the period from the first Monday in May through the third Friday in
November, vessels under seventy gross tons which are licensed in accordance with
subdivision 1 of &#xA7; 28.2-402 are authorized to take or catch menhaden in the
following waters: in the Rappahannock River eastward and southward from a line
extending from Towles Point to Burnham Wharf and from Orchard Point to Towles
Point; in Dividing Creek eastward from a line extending from Jarvis Point to
Ditchley Pump House; in Indian Creek eastward from a line directly across the
creek at Rappahannock Oyster Company; in Dymers Creek eastward from a line
directly across the creek at the eastern end of Standard Products dock.

HISTORY: 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.