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The following are the agenda items from the Commission's regular September meeting held Tuesday, September 28, 2004 at Commission headquarters. The Commission's action is in bold.

1. MINUTES of previous meeting. The Commission voted, 8-0, to approve the minutes as presented.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 8-0, to approve all 14 permits as presented.

3. CLOSED SESSION. The Commission voted, 9-0, to hold a closed session to meet with legal counsel to review recent and on-going cases and to answer questions related to agenda item No. 6.

4. Request by the Law Enforcement Division, VMRC, for the establishment of a regulation pertaining to security zones around bridges and tunnels in the Commonwealth. The Commission voted, 8-0, to approve the measure that mirrors laws of the U.S. Army Corps of Engineers.

5. SAM DANIELS, #04-1514. Commission review on appeal by Mr. Daniels of the July 19, 2004, decision by the Isle of Wight County Wetlands Board to deny an application to install up to 170 linear feet of riprap revetment landward of mean low water at his property situated along Brewers Creek, a tributary to Chuckatuck Creek in Isle of Wight County. At the request of the applicant, the Commission voted, 8-0, to continue the case until its Oct. 26th meeting. 

6. BAY MARINE, #01-1302. Restoration hearing to consider the unauthorized construction of a 280-foot by 5-foot commercial pier and the installation of a sewage discharge pipe and diffuser extending approximately 260 feet channelward of mean low water adjacent to their marina situated along Broad Creek in Middlesex County. At the request of the applicant, the Commission voted, 8-0, to continue the cases until its Oct. 26th meeting.

7. CONLEY PROPERTIES, LLC, #04-0732, requests authorization to construct a 10-slip community pier that will extend 66 feet into Carpenters Cove of Mulberry Creek and include a 157-foot long T-head, four (4) finger piers, two (2) uncovered boatlifts and ten (10) associated mooring piles in the Town of Morattico, Lancaster County. The adjacent property owners protest the project. At the request of the applicant, the Commission voted, 7-0 with Mr. Cowart abstaining, to continue the case until its Oct. 26th meeting.

8. RAPPAHANNOCK SHORES ASSOCIATION, #03-7221, requests authorization to reconstruct two open-pile timber community piers damaged by Hurricane Isabel, measuring 150-feet and 180-feet in length and designated as piers #2 and #3, lengthen pier #2 an additional 118 feet, reconstruct two 8.5-foot wide by 21-foot long T-head platforms and replace/set the associated mooring piles at piers #1 - #3 to accommodate 27 wet slips previously authorized by VMRC Permit #97-0232 at their property situated along the Rappahannock River in Essex County. The Commission voted, 8-0, to approve the permit. 

9. GEORGE HARRISON, #04-1410, requests authorization to place up to 1,403 linear feet of riprap revetment at and landward of mean high water, at the applicant's property situated along the James River in Prince George County. A Commission Wetlands Permit is required. The Commission voted, 8-0, to approve the permit.

10. MARK SANFORD, #03-048S, requests authorization to lease 5.28 acres of Oyster Planting Ground in Mill Creek, a tributary of Cherrystone Creek in Northampton County. The project is protested by nearby property owners. The Commission voted, 7-0, with Mr. Ballard abstaining, to approve the request.

11. DANDY DEVELOPMENT COMPANY, L.L.C., #97-0013, requests authorization to dredge a 1,575-foot long by 35-foot wide access channel and a 400-foot long by 200-foot wide basin, and to construct a 172-foot long by 8-foot wide marginal wharf with 5-finger piers and associated mooring piles adjacent to their property situated along The Thorofare in York County. The Commission voted, 8-0, to approve the permit.


13. STRIPED BASS: Review of the Individual Transferable Quota program. The Commission voted, 8-0, to ask staff to bring forward recommendations for an information hearing review of proposals that would change the striped bass program from tags to a poundage system. The informational hearing will be held at the Commission's Oct. 26th meeting.

14. ADVISORY REPORT: Recommendations of the Finfish Management Advisory Committee on pound net sitings. The Commission voted, 8-0, to see a draft proposal at its Oct. 26th meeting. 

15. BLACK SEA BASS: Report of September 23rd industry meeting; review of regulation. The Commission voted, 8-0, to approve an emergency regulation that would change the trip limits for 2004 in handling the by-catch quota. The trip limits were changed from 200-2500 pounds to 500-1,000 pounds per trip.

16. PUBLIC HEARING: Consideration of proposed amendments to Regulation 4VAC20-720, "Pertaining to Restrictions on Oyster Harvest" for the 2004/2005 public oyster harvest season. The Commission voted, 8-0, to approve the season and requirements for harvesting oysters for 2004/2005. The only addition was a change to the regulation regarding Tangier that would allow for 8 bushels per individual with a maximum of two persons per boat per day. Several areas that were harvested last year were removed from this year's regulation.

17. Jane McCroskey, Chief, Administration and Finance Division, Wilford Kale, Senior Staff Adviser and legislative liaison and the Commissioner, reported on enabling legislation passed by the 2004 General Assembly that would allow for the Commission to increase fees for areas of commercial and recreational fishing. The staff will bring a report to the Commission at its Oct. 26th meeting outlining possible avenues of approach that could be taken regarding proposed increases.

NEXT MEETING:  10/26/04

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