** APPROVAL OF AGENDA. THE COMMISSION VOTED 8 TO 0 TO 1 TO APPROVE THE AGENDA WITH THE REMOVAL OF ITEMS 7 AND 8. ASSOCIATE COMMISSIONER FRANCE ABSTAINED.
1. MINUTES of previous meeting. THE COMMISSION VOTED 6 TO 0 TO 3 TO APPROVE THE MINUTES AS WRITTEN. ASSOCIATE COMMISSIONERS FRANCE, BALLARD AND LUSK ABSTAINED.
2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). NONE
3. CONSENT AGENDA ITEMS. NONE
4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. NONE
5.CARL F. WESTPHAL and MARY SWIFT, #21-1396 Commission review on appeal by the applicants of the Hampton Wetlands Board's August 24, 2021, decision to deny an after-the-fact request to retain a riprap revetment and gravel kayak launch along 112 linear feet of shoreline at 12 Curle Road along a cove of the Hampton River. THE COMMISSION VOTED UNANIMOUSLY TO UPHOLD THE AUGUST 24, 2021 DECISION OF THE CITY OF HAMPTON WETLANDS BOARD TO DENY AN AFTER-THE-FACT REQUEST TO RETAIN 112 LINEAR FEET OF RIPRAP REVETMENT AND A GRAVEL KAYAK LAUNCH LOCATED AT 12 CURLE ROAD SITUATED ALONG A COVE OF THE HAMPTON RIVER.
6.NANSEMOND INDIAN TRIBAL ASSOCIATION, #21-0947 Requests authorization to install an 8-foot by 20-foot floating dock with an access ramp at Mattanock Town (1001 Pembroke Lane), situated along Cedar Creek in the City of Suffolk. The proposal is protested by an adjoining property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.
7.ANDREW MYLES COCKRELL and ANDREW DANDRIDGE COCKRELL, Oyster Planting Ground Application #2014-282 Request authorization to lease approximately two (2) acres within the Little Wicomico River in Northumberland County. The request is protested a number of local residents and nearby property owners. AT THE APPLICANT'S REQUEST, THIS ITEM WAS REMOVED FROM THE AGENDA.
8.ANDREW MYLES COCKRELL and ANDREW DANDRIDGE COCKRELL, Oyster Planting Ground Application #2014-287 Request authorization to lease approximately 0.50 acre within the Little Wicomico River in Northumberland County. The request is protested an adjacent leaseholder. AT THE APPLICANT'S REQUEST, THIS ITEM WAS REMOVED FROM THE AGENDA.
9.ANDREW MYLES COCKRELL and ANDREW DANDRIDGE COCKRELL, Oyster Planting Ground Application #2016-044 Requests authorization to lease approximately one (1) acre within the Little Wicomico River in Northumberland County. The request is protested a local resident, a former adjacent leaseholder, and two adjacent leaseholders. THE COMMISSION VOTED UNANIMOUSLY TO ACCEPT THE COMPROMISE REACHED BETWEEN THE APPLICANT AND THE ADJACENT LEASEHOLDERS INCLUDING STAFF'S RECOMMENDED MODIFICATIONS TO THE PREVIOUSLY SURVEYED AREA.
10.PUBLIC COMMENTS Ms. Ida Hall, commercial crabber, is protesting the Commission's decision to make online reporting mandatory for the crab industry beginning January 1, 2022. Ms. Hall lives in an area underserved by broadband and low cellular signal and has no internet access at her home. She is also concerned about lack of outreach before and about this decision. Commissioner Bowman asked Chief of Fisheries Geer what solutions there may be for commercial harvesters without internet access. Chief Geer said people can use public computers at local libraries or staff may be able to meet harvesters at regional offices to submit their reports online. Commissioner Bowman said that Mandatory Harvest Reporting staff will meet her at the regional office to help enter her reports. This training will help prepare her for the expansion of broadband internet in her area.
Mr. Tom Lilly came before the Commission to speak about the harvest level of Atlantic menhaden in the Chesapeake Bay. He believes the current harvest levels may be inappropriate for best management in the interests of the Commonwealth. He is concerned for the diets of the spawning stock of Atlantic striped bass and the possible decrease of available menhaden in the bay. He also spoke of concerns with the role of menhaden in the diets of nesting osprey. Commissioner Bowman said the Commission would take Mr. Lilly's comment under advisement. Associate Commissioner Chris Newsome commented that the recreational industry is also responsible for the state of the striped bass resource.
Mr. Jim Schrote, private landowner, is concerned with not receiving notifications for piers and oyster lease applications in his area. Chief of Habitat, Randy Owen, stated that all applications for docks and boathouses are either statutorily authorized by Code or require a public interest review that requires written notice to the adjacent property owners. For any projects requiring a permit, projects must be advertised in the local newspaper. The Division's applications are also viewable in a searchable database on the VMRC website. Mr. Ben Stagg explained that Mr. Schrote was not notified of the oyster lease applications on the September 28, 2021 Commission agenda because the applications in question were submitted in 2014. Prior to 2017, a law change required all adjacent landowners within 200 feet of the property to be notified. Mr. Stagg stated that all current applications are also advertised in local newspapers and posted on the VMRC website.
11.PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq. "Pertaining to Black Sea Bass" to modify the Virginia percent allocation of the coast-wide commercial black sea bass quota. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-950-10 ET SEQ. "PERTAINING TO BLACK SEA BASS," TO MODIFY THE VIRGINIA PERCENT ALLOCATION OF THE COASTWIDE COMMERCIAL BLACK SEA BASS QUOTA.
