** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS PRESENTED.
1. MINUTES of previous meeting. THE COMMISSION VOTED TO APPROVE THE MINUTES FROM THE PREVIOUS MEETING AS PREPARED 6 TO 0 WITH ASSOCIATE COMMISSIONER HAND ABSTAINING.
2. PERMITS (Projects over $1,000,000 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.SHELLFISH Montaigne Cree, Oyster Planting Ground Application #2023-051
Requests authorization to lease approximately 3 acres of oyster planting ground within the Warehouse Creek in Northampton County
THE COMMISSION VOTED TO DENY THE APPLICATION (4-1-2)
6.PUBLIC COMMENTS Mr. William Newell came before the Commission to address a striped bass quota overage that occurred in 2024. Mr. Newell asked the Commission for relief on the penalty that is set in Chapter 4VAC 20-252, "Pertaining to Atlantic Striped Bass". Ms. Beverly Ludford spoke in front of the Commission on behalf of Mr. Newell's character and his career as a commercial waterman. The Commission voted to remove 599 pounds from Mr. Newell's Chesapeake Bay quota for 2026, with no permanent deduction or suspension from the fishery. Mr. Newell will also be placed on probation for a period of two years 9/23/2025 through 9/23/2027.
Mr. Michael Shackelford came before the Commission to ask for the ability to participate in the commercial shrimp trawl fishery. The Commission voted to allow Mr. Shackelford and Mr. Jason Smith to be eligible for the commercial shrimp trawl fishery based on their previous participation in the experimental fishery.
7.EMERGENCY REGULATION Proposal to amend Chapter 4VAC 20-720, "Pertaining to Restrictions on Oyster Harvest" to establish the 2025-2026 areas of public harvest, public oyster harvest seasons, oyster resource conservation measures, and an oyster user fee transfer exception. THE COMMISSION VOTED TO ADOPT EMERGENCY AMENDMENTS EFFECTIVE OCTOBER 1, 2025, TO ESTABLISH THE 2025-2026 AREAS OF PUBLIC HARVEST, PUBLIC OYSTER HARVEST SEASONS, AND OYSTER RESOURCE CONSERVATION MEASURE OF MECHANICALLY ASSISTED HAND TONG GEAR (VOTE 5-2).
