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COMMISSION ACTIONS NOVEMBER 2004

NOVEMBER 2004 COMMISSION ACTIONS

The following are the agenda items from the Commission's regular November meeting held Tuesday, November 23, 2004 at Commission headquarters. The Commission's action is in bold.

1. MINUTES of previous meeting. The Commission voted, 7-0, to approve the September and October minutes as presented.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 7-0, to approve the permits.

3. CLOSED SESSION. The Commission held an executive session with its legal counsel to discuss matters related to several agenda items.

4. KENT EARLY, #02-2344, requests a modification to his permit to construct an 8-foot by 460-foot private pier with a 24-foot by 54-foot open-sided boathouse and a 15-foot by 18-foot fabric personal watercraft cover adjacent to his property situated along the York River in Gloucester County. The requested modification would modify the point of origin and alignment of the pier. The project is protested by nearby property owners. The Commission voted, 7-0, to approve the modification with several minor changes.

5. CHARLES DAVIS, #03-1147, requests authorization to construct a community fishing pier, a launch ramp for personal watercraft, canoes and small boats, and a vinyl bulkhead at community property situated along Piscataway Creek in Essex County. Several nearby property owners protest the project. The Commission voted, 7-0, to approve the permit with several changes.

6. MAURICE LEVIS, ET AL, #04-0725, request authorization to construct a 90-foot by 5-foot private pier with a 10-foot by 20-foot pier-head adjacent to their property situated along Back Creek in Mathews County. Several residents along the creek protest the project. The Commission voted, 7-0, to approve the project per staff's recommendations.

6A. The Commission recognized the death last month of Associate Member C. Chadwick Ballard, Jr. Associate Member Lake Cowart Jr. spoke memorializing Mr. Ballard and Associate Member Russell Garrison offered a prayer also in his memory.

7. MICHAEL JEWETT, #03-0849. Formal restoration hearing concerning ongoing unauthorized activities at a former seafood offloading facility located at the terminus of North Lawson Road on Bennett's Creek in Poquoson. The Commission voted, 7-0, to extend its stop-work order until its January 25th meeting. During that time, a committee comprised of two Associate Members, staff members will meet with City of Poquoson officials-elected and appointed-in an attempt to find some closure to Mr. Jewett's problems.

8. PUBLIC COMMENTS: There were no comments

9. REQUEST FROM INDUSTRY to increase the vessel possession limits in quarters 1 and 2 of the 2005 offshore (EEZ) commercial summer flounder fishery and modify the start date of the quarter 1, 2005 fishery. A December public hearing is requested. The Commission voted, 7-0, to hold a public hearing at its December 21st meeting.

10. PUBLIC HEARING: Consideration of an amendment to Regulation 4 VAC 20-910-10 et seq. that would increase allowable landings of scup (porgy), from 2000 to 3500 pounds, during the Winter II period. The Commission voted, 7-0, to approve the amendment.

11. PUBLIC HEARING: Consideration for allowing hardship exception requests to obtain a Summer Flounder Endorsement License. The Commission voted, 7-0, to approve the regulation.

12. PUBLIC HEARING: The Commission proposes to establish procedures associated with a public interest review, for the licensing of pound nets at new locations. The Commission voted, 7-0, to approve the regulation.

13. PUBLIC HEARING: Any reissue of a pound net license, for 2005, to Mr. Ernest L. George of White Stone, for a pound net currently located in the Rappahannock River (approximately 1/4 mile east of Windmill Point Marina Channel). Protested by adjacent property owners. The Commission voted, 7-0, to reissue the pound net license with the provision, agreed to by Mr. George, that a 60-foot access be provided through the nets, beginning 100 feet off shore. That access will be flagged, but Mr. George will not flag his whole net, thus allowing for fishing, etc. nearby.

14. RECOMMENDATIONS of the Recreational Fishing Advisory Board. The Commission voted, 6-0, with Dr. Jones abstaining, to approve the RFAB recommendations including project E that had not been recommended. 

15. CONSIDERATION: Proposal to open additional areas to oyster harvest in the James River, York River and Chesapeake Bay for the 2004-2005 harvest season. The Commission voted, 6-0, to open the additional areas.

16. REPEAT OFFENDERS: The Commission voted, 7-0, to revoke all of the fishing licenses for one waterman who failed to appear for the repeat offender hearing. The revocation will continue until he appears before the Commission.

17. The Commission adopted a resolution relating to interpretation of 28.2-1203.A(5) and staff review of the placement of private piers.


NEXT MEETING:  12/21/04
 (3rd Tuesday in December)

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