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COMMISSION ACTIONS JANUARY 2007

The following are the agenda items from the Commission's regular meeting held January 23, 2007 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, 8-0, to approve the permits, including additions to 2-B which were presented by staff.

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. The Commission went into closed meeting to discuss agenda items 5 and 9. 
[ Audio Items 1-3 ]

4. ARMY CORPS OF ENGINEERS, #03-1365, requests authorization to modify an existing permit which authorizes the overboard placement of dredged material, to allow for the placement of that material past the current time-of-year restriction of February 15 through June 30, which was imposed to protect anadromous fish species. The request is to allow placement of the dredge material through March 31, 2007, to allow for the removal of a shoal which is causing a draft restriction for ships along the Dancing Point – Swann Point Channel area. The Commission voted, 8-0, to approve the requested permit modifications and asked that another anadromous fish study be conducted during the overboard placement of material during the dredging if logistics can be worked out. If the study cannot be accomplished the Corps is authorized to proceed with the overboard placement of the material.
[ Audio Item 4 ]

5. RAPPAHANNOCK RIVER ESTATES CIVIC ASSOCIATION, #06-1243, requests authorization to install 45 mooring buoys and 11 timber pilings to establish a community waterfront mooring plan and a designated swimming area adjacent to their property situated along the Rappahannock River in Essex County. The project is protested by several nearby property owners. The Commission voted, 8-0, to approve the project as presented and recommended by staff. 
[ Audio Item 5 ]

6. GWYNN’S ISLAND BOATEL, #06-2522, requests authorization to remove all existing piers and construct four (4) new floating piers of various lengths to a maximum length of 190 feet channelward of mean high water to support the dry stack storage operation, fueling, sewage pump-out, and to create 18 wetslips and seven (7) staging slips and to dredge 3,700 cubic yards of subaqueous bottom material to provide maximum depths of minus six (-6) feet at mean low water adjacent to the Gwynn’s Island Boatel facility situate along Milford Haven in Mathews County. The project is protested by an adjacent property owner. The Commission voted, 7-1, to approve the project with staff recommendations to require a pre-dredging conference and post-dredging bathometric survey as well as a dredging royalty of $0.45 per cubic yard.
[ Audio Item 6 ]

7. MALLARD BAY PROPERTY OWNERS ASSOCIATION, #05-2254, requests authorization to construct two (2) 30-foot long T-head pier extensions, two (2) 32-foot L-head extensions and five finger piers to create a total of 11 additional wetslips at their existing 18 slip community pier facility, an 80-foot community crabbing pier with an 800 square foot T-head and a 170 square foot canoe launch platform adjacent to the association's common area situated along the Great Wicomico River in Northumberland County. The Commission voted, 6-2, to approve the proposed crabbing pier, but denied the proposed T-head pier extension and additional wetslips. 
[ Audio Item 7 ]

8. YORK COUNTY DIVISION OF PARKS AND RECREATION, #06-0770, requests authorization to install a 66-foot long by 14-foot wide floating pier, a 45-foot long by 6-foot wide aluminum ramp and 85 linear feet of riprap adjacent to property situated along Queens Creek in York County. The project is protested by nearby residents. The Commission voted, 8-0, to approve the project as proposed and recommended by staff.
[ Audio Item 8 ]

9. ROBERT B. HART, ET AL, #06-1551. Commission review of the Prince William County Wetland Board's November 14, 2006, decision to approve the installation of 355 linear feet of vinyl bulkhead, and to grant after-the-fact authorization for the installation of 90 linear feet of gabion basket retaining wall and the placement of fill over approximately 3,550 square feet of tidal wetlands, adjacent to two properties situated along Quantico and Swans Creeks in Prince William County. The Commission voted, 8-0, to table the case until its February 27th meeting, to allow Commission staff to clarify the accuracy of the wetlands board record and transcript of the wetlands board hearing provided by the county. 
[ Audio Item 9 ]

10. ROBERT LIVENGOOD, 04-2584, requests after-the-fact authorization to retain previously constructed additional pier and an open-sided dual slip boathouse larger than those previously authorized at his residence situated along Cypress Creek in the Town of Smithfield in Isle of Wight County. The Commission voted, 8-0, to approve the after-the-fact permit with a $250 civil charge in lieu of any further enforcement action.
[ Audio Item 10 ]

11. NOTICE OF VIOLATION #06-28. Public Hearing concerning the City of Hampton's unauthorized dredging of State-owned submerged bottom at the end of their Sunset Creek boat ramp situated along Sunset Creek in Hampton. The Commission voted, 7-1, to approve the dredging with no civil charge.
[ Audio Item 11 ]

12. DISCUSSION: Staff Update on House Barge Issue. The Commission asked staff to continue to review what other states have done regarding this subject.
[ Audio Item 12 ]

13. PUBLIC COMMENTS: Several comments were heard related to other agenda items.
[ Audio Item 13 ]

14. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-510-10 et seq., “Pertaining to Amberjack and Cobia”, to allow for the culture of cobia by permitted aquaculture facilities. The Commission voted, 8-0, to approve the proposed amendments.
[ Audio Item 14]

15. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-70-10 et seq., “Pertaining to the Harvest of Clams”, to allow the possession of more than 250 clams by any boat licensed to take blue crabs with a dredge, when that vessel is also licensed to take clams with a dredge. The Commission voted, 8-0, to approve the proposed amendments.
[ Audio Item 15 ]

16. BLACK SEA BASS: Request to adopt emergency regulation establishing the 2007 commercial directed fishery and by-catch fishery quotas. The Commission voted, 8-0, to adopt the emergency regulation, effective Feb. 1 and to hold a public hearing on the regulation at its Feb. 27th meeting. 
[ Audio Items 16 & 20 ]

17. VIRGINIA OYSTER RESTORATION: Approval of the 2007 program and approval of procurement procedures. The Commission voted, 5-0-2 with Mr. Robins abstaining, to approve the 2007 oyster restoration program and the required procurement procedures.
[ Audio Item 17 ]

18. AMERICAN SHAD: Approval of procurement procedures for the 2007 American Shad Restoration Program and request for public hearing to establish the 2007 Shad Bycatch regulations. The Commission voted, 6-0, to adopt an emergency regulation establishing the status quo for the 2007 Shad Bycatch fishery, effective Feb. 1 and also set the required procurement procedures. The Commission will hold a public hearing on Feb. 27th regarding the emergency regulation.
[ Audio Item 18 ]

19. BLUEFISH ROCK ARTIFICIAL REEF: Request for March, 2007, public hearing to establish the designated reef. The Commission voted, 6-0, to set a public hearing for its March 27th meeting on the proposed artificial reef 3.2 miles south/southeast off the Grandview section of Hampton in the Chesapeake Bay.
[ Audio Item 19 ]

20. VIRGINIA SEAFOOD COUNCIL: Request for February public hearing to consider a 2007 deployment of the non-native oyster, Crassostrea ariakensis. The Commission voted, 6-0, to hold a public hearing at its Feb. 27th meeting or March 27th meeting depending upon when the Council is able to submit its requirements.
[ Audio Item 16 & 20 ]

21. SUMMER FLOUNDER: Request for public hearing to establish the 2007 recreational summer flounder fishery management measures. The Commission voted, 6-0, to set a public hearing at its Feb. 27th meeting to consider four management options for the 2007 recreational summer flounder fishery.
[ Audio Item 21 ]

22. DAVID WRIGHT: Request for Black Sea Bass hardship exemption. The Commission voted, 6-0, to support the staff recommendation granting the hardship exemption.
[ Audio Item 22, 23, & 24 ]

23. FAILURE TO REPORT COMMERCIAL HARVEST: The Commission voted, 5-0, to suspend the commercial fishing registration of Mr. Patrick J. Johnson, Mr. John T. Johnson and Mr. Richard J. Johnson until they appear before the Commission for their hearing.

24. Shellfish Relay Season: The Commission voted, 6-0, to set a public hearing at its Feb. 27 meeting to consider changes in the relay season.


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