Commission Meeting, January 22, 2002

** CALL TO ORDER

** INVOCATION AND PLEDGE OF ALLEGIANCE

** APPROVAL OF AGENDA

1. MINUTES of previous meeting.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).

3. K & J MARINE, INC., #97-1431, requests after-the-fact authorization to modify a previously issued permit to retain three (3) sections of pier measuring 8' x 24', 7'x15' and 5'x33', and installation of 12 mooring piles, including the creation of an additional unauthorized wetslip situated along Lower Machodoc Creek in Westmoreland County.

4. THOMAS FITZGERALD, #01-0558, requests authorization to construct an approximately 1,224 square foot, open-sided, private, noncommercial boathouse over an existing private pier adjacent to his property situated along Cockrell Creek in Northumberland County.

5. MR. AND MRS. DAVID BAILEY, #01-1590, request authorization to dredge 581 cubic yards of State-owned submerged land with upland disposal to create a 245-foot long by 25-foot wide box cut channel with an average depth of minus four (-4) feet at mean low water adjacent to their property situated along a cove of Dividing Creek in Northumberland County. The project is protested by three adjacent property owners.

6. OAKHILL PROPERTIES, #01-1489, requests authorization to lay and anchor a 12-inch diameter plastic waterline across the original streambed of the North Fork of Goose Creek, within Sleeter Lake, in Loudoun County. The project is protested by an adjacent property owner.

7. PUBLIC COMMENTS

8. Public Hearing: 2002 blue crab harvest restrictions. Proposed amendments to Regulation 4 VAC 20-270-10 et seq., "Pertaining to Crabbing"; 4 VAC 20-700-10 et seq., "Pertaining to Crab Pots"; and 4 VAC 20-880-10 et seq., "Pertaining to Hard Crab and Peeler Pot License Sales".

9. Public Hearing: Proposed amendments to Regulation 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass" to reduce the high grading of striped bass in the commercial fishery.

10. Public Hearing: Proposed amendments to Regulation 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder", to modify the commercial possession limits for the offshore fishery during the first quarter, 2002.

11. Public Hearing: Proposed amendment to Regulation 4 VAC 20-940-10 et seq., "Pertaining to Black Sea Bass", to modify the commercial possession limit for the first quarter, 2002.

12. Review of VIMS Standing Policy for Non-Native Oyster Research in Virginia and an update on current research with Crassostrea ariakensis.

13. Recommendations of the Recreational Fishing Advisory Board and Commercial Fishing Advisory Board.

14. Discussion: Request for public hearing on proposed regulation amendments to increase the commercial minimum size limit for black sea bass and increase the size of sea bass pot escape panels.

15. Discussion: Review of results of two-week oyster season in the Rappahannock River.

** DATE OF NEXT COMMISSION MEETING: FEBRUARY 26, 2002

** ADJOURNMENT

PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval)

2A. MARINE DEVELOPMENT, LLC, #01-1848, requests authorization to dredge approximately 770 cubic yards of subaqueous material to create at 160-foot long by 45-foot wide basin with maximum depths of minus six (-6) feet below mean low water, to construct a 100-foot long by 120-foot wide floating pier with two (2) 8-feet long by 4-feet wide access gangways, and a 40-foot long by 10-foot wide open-pile tending pier adjacent to their property situated along Little Creek in the City of Norfolk. Recommend a royalty royality of $0.45 for the dredging of 770 cubic yards and $0.50 for 1,400 square feet of open-pile piers.

2B. EAST COAST TRANSPORT, INC., #01-1282, requests authorization to dredge a total of 2,000 cubic yards of State-owned submerged lands with upland disposal, to install a raw water intake structure extending 160 feet channelward of ordinary high water in the James River, and install, by directional bore method, a 24-inch diameter raw water transport pipe under the James River, Bear Garden Creek, the Middle Fork of Cunningham Creek, and the South Fork of Cunningham Creek in Buckingham and Fluvanna Counties, in association wit the development of an electrical generation facility. Staff recommends approval with standard instream construction conditions, as well as a time-of-year restriction prohibiting instream work on the intake structure from May 15 - July 31 to protect aquatic resources, as well as the assessment of a one-time dredging royalty in the amount of $900.00 and an annual encroachment royalty of $599.80.

2C. CHESAPEAKE BAY FOUNDATION, #01-1946, requests authorization to install two (2) offshore stone breakwaters totaling 226 linear feet, three (3) stone riprap revetments totaling 399 linear feet and one (1) 132-foot long stone groin adjacent to their property on the northwest side of Port Isobel Island along Tangier Sound in Accomack County.

2D. CITY OF ALEXANDRIA, #01-1901, requests authorization to install three (3) dolphins to aid navigation of vessels mooring at Chart House pier, to install a fender system to the existing pier and to remove a section of the existing pier and raise the pier approximately two (2) feet to the height of the remainder of the pier, adjacent to the Chart House Restaurant situated along the Potomac River in the City of Alexandria.

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE STEPHANIE MONTGOMERY (757-247-8088) NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

FISHERY AGENDA ITEMS WILL BE CONSIDERED BY THE COMMISSION AT APPROXIMATELY 12:00 NOON AND WILL BE FOLLOWED WITH THE REMAINDER OF THE HABITAT PERMIT CASES.

The Commission's actions in bold.

1. APPROVAL OF MINUTES December 18, 2001. The Commission approved the minutes as circulated, 7-0.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission approved the projects, 7-0.

3. K & J MARINE, INC., #97-1431, requests after-the-fact authorization to modify a previously issued permit to retain three (3) sections of pier measuring 8x24 , 7x15 and 5x33 , and installation of 12 mooring piles, including the creation of an additional unauthorized wetslip situated along Lower Machodoc Creek in Westmoreland County. The Commission approved, 7-0, the after-the-fact permit and in lieu of further legal action imposed a civil charge of $1,800.

4. THOMAS FITZGERALD, #01-0558, requests authorization to construct an approximately 1,224 square foot, open-sided, private, noncommercial boathouse over an existing private pier adjacent to his property situated along Cockrell Creek in Northumberland County. The Commission voted, 7-0, to approve the existing boathouse, but denied the extension.

5. MR. AND MRS. DAVID BAILEY, #01-1590, request authorization to dredge 581 cubic yards of State-owned submerged land with upland disposal to create a 245-foot long by 25-foot wide box cut channel with an average depth of minus four (-4) feet at mean low water adjacent to their property situated along a cove of Dividing Creek in Northumberland County. The project is protested by three adjacent property owners. The Commission voted, 7-0, to approve the project, but with a box-cut channel 25 feet wide with an average depth of minute three-and-a-half (3 1/2) feet.

6. OAKHILL PROPERTIES, #01-1489, requests authorization to lay and anchor a 12- inch diameter plastic waterline across the original streambed of the North Fork of Goose Creek, within Sleeter Lake, in Loudoun County. The project is protested by an adjacent property owner. The Commission voted, 7-0 to approve the project.

7. PUBLIC COMMENTS: C. J. Lindermann of Clark-Smith Associates, P.C., Norfolk asked the Commission to modify permit #01-1327 for Colonna Shipyards, Inc. Norfolk to allow the royalty for 16,000 cubic yards of dredging to be divided into three components. The royalty would be paid for each component of work, prior to the dredging of that component. The Commission voted, 6-0, with staff support, to approve the permit modification.

8. Public Hearing: Proposed amendments to Regulation 4 VAC 20-620-10 et seq., Pertaining to Summer Flounder , to modify the commercial possession limits for the offshore fishery during the first quarter, 2002. The Commission voted, 6-0, to approve the amendments which were enacted last month by emergency action.

9. Public Hearing: Proposed amendment to Regulation 4 VAC 20-940-10 et seq., Pertaining to Black Sea Bass , to modify the commercial possession limit for the first quarter, 2002. The Commission voted, 6-0, to approve the amendments which were enacted last month by emergency action.

10. Public Hearing: 2002 blue crab harvest restrictions. Proposed amendments to Regulation 4 VAC 20-270-10 et seq., Pertaining to Crabbing ; 4 VAC 20-700-10 et seq., Pertaining to Crab Pots ; and 4 VAC 20-880-10 et seq., Pertaining to Hard Crab and Peeler Pot License Sales . During the public hearing and following Commission exchange, there was discussion regarding bills currently being considered by the Virginia General Assembly. The Commission ultimately voted, 5-1, expressing its intent to replace the current Wednesday closure with an 8-hour per day rule and that at least 10 percent reductions would be in place for the 2002 season. A final form of the needed reductions, however, will be worked out at the Commission's February meeting. Then, discussions would be among the Commission members and there would not be a public hearing.

11. Public Hearing: Proposed amendments to Regulation 4 VAC 20-252-10 et seq., Pertaining to the Taking of Striped Bass to reduce the high grading of striped bass in the commercial fishery. The Commission voted, 5-0, to delay any action until at least February.

12. Review of VIMS Standing Policy for Non-Native Oyster Research in Virginia and an update on current research with Crassostrea ariakensis. The Commission voted, 4-0, to approve the protocols that VIMS is currently using in the study of non-native oyster species as agency policy in dealing with any future VIMS' studies.

13. Recommendations of the Recreational Fishing Advisory Board and Commercial Fishing Advisory Board. The Commission voted, 5-0, to approve the additional expenditure of about $43,000 to fund two on-going projects.

14. Discussion: Request for public hearing on proposed regulation amendments to increase the commercial minimum size limit for black sea bass and increase the size of sea bass pot escape panels. The Commission voted, 5-0, to take the proposal to a February public hearing.

15. Discussion: Review of results of two-week oyster season in the Rappahannock River. The Commission voted, 5-0, to keep open for the month of February the southern side of the river from Smoky Point to the Route 3 bridge.