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COMMISSION ACTIONS APRIL 2000

1. MINUTES of previous meeting. Approved as circulated.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted to approve the permits.

3. EXECUTIVE SESSION. This session was postponed until the afternoon.

4. DISCUSSION: Subcommittee report on consent procedures and civil charge matrix. This was postponed until the afternoon.

5. DIMITRIOS HIONIS, #00-0214, requests after-the-fact authorization to retain approximately ten (10) cubic yards of State-owned subaqueous bottom material mechanically dredged from the Lynnhaven River adjacent to Bubba's Marina in Virginia Beach. Continued from the March 28, 2000, Commission meeting. The Commission approved the after-the-fact permit, but found there was a violation and issued a $900 civil charge in lieu of further enforcement action.

6. HARBOR VIEW MARINA, #99-0493, requests after-the-fact authorization to retain a previously constructed 24-foot long by 16-foot wide fuel pier extension and two (2) fuel pumps in addition to two (2) 34-foot long by 6-foot wide L-head pier extensions at their facility situated along Deep Creek in the City of Newport News. Continued from the March 28, 2000, Commission meeting. The Commission approved the after-the-fact permit, but found there was a violation and issued a $900 civil charge in lieu of further enforcement action.

7. GEORGE B. LITTLE, #99-0350, requests after-the-fact authorization to retain 18 existing low-profile timber groins of various lengths, and two (2) existing timber jetties, constructed and continually maintained since 1972, adjacent to his property situated along the western shore of the Chesapeake Bay in Northumberland County. Continued from the March 28, 2000, Commission meeting. The Commission approved the after-the-fact permit with no civil penalty.

8. JAMES B. DALTON, #00-0043, requests after-the-fact authorization to retain 12 existing low-profile timber groins of various lengths which have been continually maintained since their construction prior to 1980. Additional authorization is sought to construct two (2) low-profile timber groins which will extend 48 feet channelward of mean low water adjacent to his property situated along the western shore of the Chesapeake Bay in Northumberland County. Continued from the March 28, 2000, Commission meeting. The Commission approved the after-the-fact permit with no civil penalty.

9. CARTER FILER, #99-1739, requests after-the-fact authorization to retain a 66-foot long riprap crown reinforcement with a spur and a similar 50-foot riprap crown reinforcement over the top of two previously permitted low profile timber groins. Additional new installation to include the riprap crowning of three (3) existing low profile timber groins of various lengths with spurs, the installation of three (3) 68-foot long, spurred low-profile riprap groins with an 8-foot base and a 50-foot long, low-profile riprap groin with a 30-foot T-head and a 10-foot base width, adjacent to his property situated along Ingram Bay in Northumberland County. Continued from the March 28, 2000, Commission meeting. The Commission approved the after-the-fact permit with no civil penalty.

10. BRUCE DEGINDER, #97-1469, requests authorization to construct a 34-foot long by 28-foot private, non-commercial, open-sided, dual slip, two-story boathouse adjacent to his property situated along the Chickahominy River in James City County. The project is protested by a property owner in the vicinity. Continued from the March 28, 2000, Commission meeting. The Commission voted to basically approve the permit as recommended by staff.

11. FEDERAL HIGHWAY ADMINISTRATION, #00-0489, requests authorization to conduct archeological investigations at three (3) locations in tidal wetlands on property owned by the National Park Service, adjacent to the Potomac River in Alexandria (related to the Woodrow Wilson Bridge Project). VMRC is acting as Wetlands Board. The Commission voted to approve the staff recommendation.

12. VIRGINIA DEPARTMENT OF TRANSPORTATION, #00-0303, requests authorization to conduct investigations to evaluate subsurface conditions including test borings, penetration soundings, and dilatometer soundings in tidal wetlands adjacent to Hunting Creek, a tributary to the Potomac River, near the Route 1 and I-95 interchange, in Alexandria (related to the Woodrow Wilson Bridge Project). VMRC is acting as Wetlands Board. The Commission approved the staff recommendation.

13. APPLICATION FOR REASSIGNMENT OF OYSTER PLANTING GROUND. Edward E. and Edward T. Kellam, Lease Number 7335, have applied for the reassignment of their leased ground, which contains 34.97 acres in The Gulf in Northampton County. The renewal is protested by Ms. Yvonne Bagwell. The Commission heard a lengthy presentation and voted to reassign Lease Number 7335 to the Kellams.

14. REPEAT OFFENDERS. The case of one waterman was heard and he was given a years probation.

15. DISCUSSION: Use of Commercial Hook-and-line at the Chesapeake Bay Bridge Tunnel. The Commissioner will appoint a committee of three recreational fishermen and three commercial watermen with Commission Member Gordon Birkett serving as chairman. The Committee will report to the Commission at its August meeting concerning this on-going problem.

15A Free Fishing Days: Commissioner Pruitt read a proclamation in which he declared Free Fishing Days in the saltwaters of the Commonwealth for June 2, 3, 4, 2000 under authority give him by Chapters 110 and 142 of the 2000 Acts of General Assembly. These days, the first in the history of the Commonwealth in Virginia's saltwaters, are in conjunction with the Governor's Angling Extravaganza, an important part of Virginia Naturally 2000. On hand for the brief ceremony was Secretary of Natural Resources John Paul Woodley, Jr. who proposed free fishing days and State Senator Nick Rerras of Norfolk and Delegate Phil Larrabee of Hampton, who were patrons of bills in the Virginia Senate and House of Delegates authorizing the designation of free fishing days.

16. DISCUSSION: Results of Crab Management Advisory Committee Meeting; request for public hearing. The first details of VIMS proposed blue crab sanctuary plan was given to the Crab MAC meeting held earlier this month. The sanctuary would be effective June 1 through Sept. 15 to coincide with the times of the current spawning sanctuary closing. It is hoped the sanctuary can protect about 40 percent of the spawning crabs in the lower bay area. Crab MAC will hold another meeting May 15 and the Commission will be presented with other discussion items at its May 23 meeting. The sanctuary plan and coincident cull ring proposal will be put to public hearing for the June 27 Commission meeting. The Commission also will hold a public hearing May 23 to consider the continuance of the current moratorium on blue crab licenses.

17. PUBLIC HEARING: Consideration of amendments to Regulation 4 VAC 20-310-10 et. seq., "Pertaining to the Relaying of Shellfish" to establish procedures for the depuration of shellfish raised by aquaculture methods in condemned waters. The Commission approved the amendment.

18. WILLY BOKELAAR: Review of elver harvest/aquaculture permit. Mr. Bokelaar's attorney requested a continuance until the June meeting, which the Commission granted.

19. DISCUSSION: ASMFC Horseshoe Crab Fishery Management Plan. The Commission was briefed by the staff regarding the ASMFC position on Horseshoe Crabs and adopted a resolution which stated that current state law prohibits the Commission from taking action on the ASMFC quota mandate.

20. CONSIDERATION of draft agreement with the City of Virginia Beach concerning a Lynnhaven Boat ramp project. The Commission accepted new language in the agreement offered by Virginia Beach regarding parking at the ramp.

21. FAILURE TO REPORT. The case of one waterman was heard and he was placed on a one-year probation.

22. Black drum permit transfers. It was a situation of one person out and one person in and the Commission approved it.

23. SUMMER FLOUNDER: Request for public hearing on amendments to set recreational fishing measures for the Potomac River Tributaries. The Commission adopted an emergency regulation that would establish a May 15-December 31 open session for recreational fishing in the Potomac River tributaries, an 8-fish bag limit and a 15-inch size limit for summer flounder. The effective date of the emergency regulation would be April 25. A public hearing on this emergency regulation will be scheduled for the May 23 Commission meeting.

24. PUBLIC COMMENTS.At the request of the summer flounder commercial industry, the Commission approved a request to move 15 percent of the fourth quarter quota to the second quarter to allow for the reopening of the by-catch summer flounder fishery. In addition, the agency's law enforcement division proposed an emergency amendment to the same regulation which would make it unlawful for a buyer or a federally permitted buyer to fail to contact VMRC Operations Center prior to the unloading of fish and that in the situation when the fishery is totally closed, if summer flounder is docked in Virginia, it would be confiscated by VMRC officials and appropriately disposed through the local food bank or jails.

The Commission also was asked about a habitat permit case of Mr. Ford Kelly of Northumberland County. Staff explained that additional information has been requested from VIMS and the State Health Department from Mr. Kelly and he has not yet responded.

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