Agenda Items for the May 28, 2002 Commission meeting are listed below with the Commission's actions in bold.
1. APPROVAL OF MINUTES - April 23, 2002. The Commission voted, 7-0, to approve
the minutes as distributed.
2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for
approval). The Commission voted, 7-0, to approve the Page Two items as presented.
3. SILVER COMPANIES ENTITIES, #00-1816, requests authorization to construct an
aerial gondola crossing over the Rappahannock River, approximately one (1) mile west of
the Interstate 95 Bridge, in Stafford County and the City of Fredericksburg. The gondola
is associated with the "Celebrate Virginia" planned community and is proposed as a
means of access to the community from areas south of the Rappahannock River. Several
residents of the Fredericksburg area protested the project. Several newly elected members of
the Fredericksburg City Council wrote the Commission and asked that the public hearing
be continued until a later day. The Silver Companies opposed this. The Commission
voted, 7-0, to hear the case and then after the presentation and public hearing voted, 8-0,
to approve the permit.
4. DENNIS W. SMITH, #02-0295, requests authorization to construct a 32-foot by 30-foot
enclosed boathouse which includes a 10-foot by 12-foot storage shed at the channel ward
end of a proposed 107-foot long private pier adjacent to his property situated along the
Rappahannock River in Middlesex County. The Commission rejected by a 5-2 vote a
motion to approve the project. Later, the Commission voted, 7-0, to approve the
boathouse, but not the storage shed.
5. DEPARTMENT OF THE NAVY, #02-0572, requests authorization to temporarily install
one (1) 20-foot high timber pile with reflector targets on Dawson Shoals and one (1)
20-foot high timber pile with reflector targets on the north end of Parramore Island in
Accomack County. A Coastal Primary Sand Dunes/Beach permit is required. The
Commission voted, 8-0, to approve the permit.
6. ARMY CORPS OF ENGINEERS, #01-1986, requests authorization to place up to
l00,000 cubic yards of dredged material from the maintenance of the Chesapeake Bay to
the Magothy Bay portion of the (WCV) Federal Project Channel in Northampton County
upon two previously used spoil sites, adjacent to Holly Bluff Island and Public Ground
#18 in Magothy Bay. Wetlands and Subaqueous permits are required. The Commission
voted, 8-0, to approve the permit.
7. ARMY CORPS OF ENGINEERS, #01-2103, requests authorization to place up to
45,000 cubic yards of dredged material from the dredging of the Bradford Bay Channel in
Accomack County, adjacent to State-owned marsh over a section of non-vegetated
wetlands (mud and sand flat) along the northern end of Bradford Bay near the Haul Over.
Wetlands and Subaqueous permits are required. The Commission voted, 8-0, to approve
the permit.
8. PUBLIC COMMENTS. Mr. Michael Chenowith of the Northern Neck discussed with the
Commission his proposal for recreational gold prospecting in certain rivers and streams
of the Commonwealth. He indicated that the Habitat Management Division staff was
requiring a dredging permit, which he did not believe was necessary. After a lengthy
discussion, the Commission told Mr. Chenowith to file a Joint Permit Application for the
proposal to get the "wheels turning" and a decision on the proposal would be made after a
public interest review.
Waterman Pete Nixon of Norfolk said the newly enacted 8-hour
workday for crabbers discriminates against the small boat operations who cannot harvest
crabs and then get their pots reset within the 8-hour daily limit. The Commissioner asked
the agency's Blue Crab Advisory Committee to discuss Nixon's concern at its next
meeting.
9. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-910-10 et seq.
"Pertaining to Scup" to increase the summer period quota from 2,774 pounds to 4,987
pounds. The Commission voted, 8-0, to approve the amendment to the Regulation.
10. Recommendations of the Recreational Fishing Advisory Board. The Commission voted,
8-0, to approve all of the projects approved by the RFAB, except those that require a
Habitat permit. The Commission will consider those requests after a decision on the
permits is made.
11. Update on Atlantic States Marine Fisheries Commission's review of Virginia's summer
flounder regulations. Request for emergency regulations to modify the recreational
summer flounder harvest limits. The Commission voted, 8-0, in an emergency regulation,
to set a 17-1/2 inch size limit and an eight (8) fish possession limit on the catching of
summer flounder in the Chesapeake Bay and its tidal waters and within Virginia's coastal
three-mile limit. The emergency regulation is effective, June 1. The Commission also
voted, 8-0, to hold a public hearing on the emergency regulation at its June 18 meeting.
12. Update on Atlantic States Marine Fisheries Commission's review of Virginia's coastal
striped bass harvest. Request for public hearing to modify commercial harvest
restrictions. The Commission voted, 7-1, to take emergency action to close the coastal
(Atlantic Ocean) commercial fishery immediately, and set a public hearing for June 18 on
the emergency action. Fisheries Management Division officials said the coastal fishery
quota has been reached.
13. Dr. Bob Orth, Virginia Institute of Marine Science, presentation on the effects of boat
scarring on Submerged Aquatic Vegetation. Dr. Orth presented a power-point program on
the continued scarring of SAV beds in portions of the Chesapeake Bay. He will work
with agency staff members and continue to monitor the situation.
14. PUBLIC HEARING: Proposed regulations pertaining to the establishment of blue crab
sanctuaries and management and enhancement areas and prohibitions on the harvest of
sponge crabs. After a lengthy public hearing and discussion, the Commission voted, 7-1,
to expand the existing deep-water blue crab sanctuary in the Chesapeake Bay from 661
square miles to more than 900 square miles. This action will offer protection to about 70
percent of the egg-bearing female crabs during the annual spawning season. This action
brings Virginia to more than the 15 percent harvest reduction quota requested by the
Bi-State Blue Crab Advisory Commission. The 15 percent harvest reduction goal was to
be in place by 2003.
15. DISCUSSION: Request for public hearing to consider amendments to Regulation
4VAC20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest
Reporting" to require the submission of Captain's Daily Fishing Reports by all purse seine
and snapper rig vessels landing in Virginia. The Commission voted, 7-0, to set a public
hearing at its July 23 meeting on the proposed amendments.
A motion was made by Dr. Henry Lane Hull to congratulate the citizens of the Commonwealth
on the reappointment by Governor Mark Warner of William A. Pruitt as Commissioner of
Marine Resources.
DATE OF NEXT COMMISSION MEETING: JUNE 18, 2002
(This date is one week earlier than the normal meet time.)
