Commission Meeting, December 19, 2006

Date: Tuesday, December 19, 2006, 9:30 AM
Who is meeting: Virginia Marine Resources Commission (VMRC)

Agenda

TENTATIVE AGENDA

** APPROVAL OF AGENDA.

1. MINUTES of previous meeting.

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

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL.

4. BARBARA KERR, ET AL, #05-2542, requests authorization to retain a 20-foot by 24-foot open-sided boathouse near the channelward end of a 130-foot long private pier adjacent to their property along the Piankatank River in Mathews County. The project is protested by the owners of an adjoining parcel that, due to an error by the agent in the joint permit application, were not notified during the application review process.

5. ERNEST ADCOX, #06-1449, requests authorization to construct a 42-foot by 19-foot private, open-sided, non-commercial boathouse and associated finger piers at an existing pier adjacent to his property along the Poquoson River in York County. The project is protested by an adjacent property owner and a nearby resident.

8. PUBLIC COMMENTS

9. PUBLIC HEARING: Final consideration of emergency amendments to Regulation 4VAC20-490, Pertaining to Sharks, to establish a 4,000 pound trip limit for spiny dogfish.

10. PUBLIC HEARING: Consideration of proposed amendments to Regulations 4VAC20-1090, "Pertaining to Licensing Requirements and License Fees", Regulation 4VAC20-610,"Pertaining to Commercial Fishing and Mandatory Harvest Reporting", and Regulation 4VAC20-200, "Pertaining to the Requirements for Reporting Oyster Transactions and Payment of Taxes", affecting the methods for payment of oyster taxes, reporting of harvests from leased grounds, and establishment of oyster and clam aquaculture licenses.

11. REQUEST FOR PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-510, "Pertaining to Amberjack and Cobia", to provide for the lawful aquaculture of Cobia.

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

2A. VERIZON, #06-2560, requests authorization to relocate and install by directional bore and diver handheld jet pump method, 2,400 linear feet of fiber-optic cable up to four (4) feet below the substrate of the Nansemond River, immediately upstream of the Kings Highway Bridge in the City of Suffolk. Recommend imposition of a time-of-year restriction from March 1 through June 15 and a royalty of $7,200.00 for the encroachment in State-owned bottom at a rate of $3.00 per linear foot.

2B. FLUOR ENTERPRISES, INC., #06-2376, requests authorization for permanent impacts to 1,866 square feet of Accotink Creek consisting of placement of riprap, a retaining wall, and extension of an existing culvert and temporary impacts to 13,948 square feet of Accotink Creek consisting of construction access as a result of construction of four High Occupancy Toll lanes and related infrastructure along a stretch of the I-495 Beltway in Fairfax County. No royalty recommended as this is a VDOT public/private partnership project.

2C. H & H ENTERPRISES, INC., #06-1910, requests authorization to dredge 7,500 cubic yards of State-owned subaqueous bottom material from a 376-foot by 220-foot basin to achieve maximum depths of minus eight (-8) feet below mean low water, and to construct a 300-foot long by 20-foot wide industrial pier with an 8-foot by 20-foot L-head and two (2) 40-foot by 5-foot finger piers adjacent to their property situated along the Western Branch of the Elizabeth River in Portsmouth. All dredged materials will be transported to the Craney Island Dredged Material Management Area. Recommend the requirement for a pre-dredge conference, submission of a post-dredge survey, and a royalty in the amount of $15,600.00 for the encroachment of the pier over 7,800 square feet of State-owned subaqueous land at a rate of $2.00 per square foot. Recommend no dredging royalty since the former property owner, Virginia Boat and Yacht, obtained a permit to dredge this same area (#98-0776), paid the royalty, but never performed the dredging.

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE KATHY LEONARD (757-247-2200) NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

FISHERY MANAGEMENT ITEMS WILL IMMEDIATELY FOLLOW THE HABITAT MANAGEMENT PROJECTS ON THIS AGENDA.

Commission Actions

The following are the agenda items from the Commission's regular meeting held December 19, 2006 at Commission headquarters. The Commission's actions are in bold.

1. MINUTES of previous meeting. The Commission voted, 8-0, to approve the minutes.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 9-0, to approve the “Page Two” items as presented.

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. No meeting was necessary.

[ Audio Items 1-3 ]

5. ERNEST ADCOX, #06-1449, requests authorization to construct a 42-foot by 19-foot private, non-commercial, open-sided boathouse and associated finger piers at an existing pier adjacent to his property along the Poquoson River in York County. The project is protested by an adjacent property owner and a nearby resident. The Commission voted, 9-0, to approve the permit in accordance with staff recommendations.
[ Audio Item 5 ]

6. CHARLES N. COOPER, #05-0481, requests authorization to install four (4) private aids-to-navigation adjacent to his property situated along the Lafayette River in Norfolk. The project is protested by several residents in the vicinity. The Commission voted, 9-0, to deny the permit based upon the factors in §28.2-1205(A) of the Code of Virginia.
[ Audio Item 6 ]

7. ALBERT WILLIAMS, #05-0753. Consideration of Mr. Williams' failure to comply with the Commission's June 27, 2006, directive to remove four (4) unauthorized pilings placed within Willoughby Bay in the City of Norfolk. The Commission voted, 9-0, to refer the case to the Office of the Attorney General for enforcement action.
[ Audio Item 7 ]

[ Audio - Addon Agenda Item ]

[ Audio - Special Presentation ]

8. PUBLIC COMMENTS: Several watermen from the Eastern Shore appeared and asked the Commission to extend the oyster harvest season on the seaside for an extra month. The season was scheduled to end Dec. 31, 2006. The Commission voted, 7-0, to adopt an emergency regulation, effective Jan. 1, 2007 to extend the oyster season until Jan. 30, 2007. There was also a waterman’s request to extend the oyster harvest season in the Rappahannock River for two months until Feb. 28, 2007. The Commission decided to take no action on the request.

9. PUBLIC HEARING: Final consideration of emergency amendments to Regulation 4VAC20-490, pertaining to Sharks, to establish a 4,000 pound trip limit for spiny dogfish. The Commission voted, 7-0, to approve the amendments.

[ Audio Items 8 & 9 ]

11. REQUEST FOR PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-510, pertaining to Amberjack and Cobia and to provide for the lawful aquaculture of Cobia. The Commission voted, 8-0, to advertise the amendments for a public hearing at the Commission’s January 23rd meeting.

[ Audio Items 10 & 11 ]

12. FAILURE TO REPORT HARVEST, as required by Regulation 4 VAC 20-610-10, et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting." The Commission placed the following watermen on two years probation: Joseph L. Blanchard (6-2 vote); Shawn L. Boggess (5-3 vote); and Ty D. Farrington (6-2 vote).

[ Audio Item 12 ]