1. MINUTES of previous meeting. The Commission accepted them as printed.
2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission approved the projects.
3. CONSENT ORDERS: The Commission approved the consent order involving Hampton's Landing, (#95-1690) and an after-the-fact permit to retain two (2) previously constructed 14-foot extensions of an existing "T" head pier used for fueling, and to retain a previously constructed 10-foot by 10-foot open-sided, covered storage area that were built in excess of their previously authorized marina expansion permit. The applicant agreed to a civil charge in the amount of $1,200.00 in lieu of further enforcement actions.
4. EXECUTIVE SESSION was not held.
5. ESPEJO FAMILY LIMITED PARTNERSHIP, #98-0971, requests authorization to hydraulically dredge 11,155 cubic yards of subaqueous bottom, to construct 780 linear feet of timber replacement bulkhead, and to construct three (3) commercial piers creating 143 wetslips at their marina facility situated along Little Creek in Norfolk. The project is protested by area property owners. The Commission approved the project with a number of restrictions, including reducing the lengths of the three piers and the number of wetslips for the project.
6. BOB BRAGG, #99-0374, requests authorization to construct four (4) open-pile community piers with associated finger piers and mooring piles to create 24 wet slips to serve a planned residential development along Pitmans Cove near the Town of Kilmarnock in Lancaster County. The Commission approved the permit as proposed by the applicant.
7. FRANCES HALEY, #99-0273, requests authorization to replace an existing wooden bulkhead with 144 feet of concrete bulkhead, including return walls, install two (2) 50-foot "T" wall concrete groins, three (3) 9-foot by 5.5-foot breakwater boxes under the channelward end of a proposed private pier adjacent to her property situated along the Potomac River in Westmoreland County. The Commission approved the permit under the compromise that included relocation of the breakwater boxes and specified the location of the new bulkhead at the site of the existing bulkhead.
8. IVY HOME ROAD GROUP, #99-1946, requests authorization to install two (2) 90-foot long by 26-foot wide stone breakwaters and place 1,200 cubic yards of beach nourishment adjacent to their property situated along Hampton Roads in the City of Hampton. Subaqueous and coastal primary sand dune permits are required. The Commission approved the permit.
9. LEE ANDERSON, #99-2156, requests authorization to install 106 linear feet of bulkhead at his property situated along the Chesapeake Bay in the City of Hampton. A coastal primary sand dune permit is required. The Commission denied the permit.
10. FISHERIES MANAGEMENT DIVISION, #99-1993, #99-1994, #99-1995. Conservation and Replenishment Department requests authorization to construct three (3) intertidal oyster shell reefs in the lower Rappahannock River upriver of the Norris Bridge on Public Ground #1 in Lancaster County and Public Ground #1 in Middlesex County. The reefs are opposed by the Rappahannock Preservation Society. The Commission approved this project. This will be the first construction of oyster reefs under the new Virginia Oyster Heritage Program endorsed and encouraged by Gov. Gilmore.
11. OYSTER GROUND APPLICATIONS: Three applications for oyster planting ground in the Pagan River and Cypress Creek, Isle of Wight County, have been submitted by members of the Davis family listed below. The applications are protested by Ronald Pack, President of Smithfield Station, The Isle of Wight Citizens Association and the Town of Smithfield.
Russell Patton Davis Application 99-043 125 Acres
Russell B. Davis Application 99-044 220 Acres
Eileen Boush Davis Application 99-045 220 Acres
The Commission heard a lengthy presentation by Mr. Russell P. Davis regarding proposal to secure the oyster ground for the purpose of placing marl on the ground to stabilize the base and encourage oyster reproduction. Several board members asked about his "empirical" evidence regarding his concept and why he needed approximately 565 acres. The Commission then voted to deny the permits, but encouraged Mr. Davis to continue his research, stating that his next steps would not require the acres that he requested.
12. REPEAT OFFENDERS. Commission heard the cases of two watermen: one was given one year's probation and the other was given a one-year suspension of all licenses and two-year probation thereafter. They were the result of the recent undercover operation.
13. PUBLIC HEARING: Consideration of amendments to Regulation 4 VAC 20-890-10 et. seq., "Pertaining to Channeled Whelk." The Commission voted to approve the amendments.
14. DISCUSSION: Request for public hearing to consider amendments to regulations pertaining to recreational summer flounder size, season, and possession limits, recreational eel possession limits, and commercial scup trip limits to comply with the interstate fishery management plans for these fisheries. The Commission set a public hearing for the next Commission meeting February 22.
15. DISCUSSION: Request for public hearing to consider amendments to regulation 4 VAC 20-252-10 et. seq., "Pertaining to the taking of Striped Bass" to improve enforcement of the regulation. The Commission set a public hearing for the next Commission meeting February 22.
16. RECOMMENDATIONS of the Recreational Fishing Advisory Board and Commercial Fishing Advisory Board. The Commission voted to approve a Recreational Fishing Advisory Board proposal to fund the support of vessel charter and diving services for the Artificial Reef Program.
17. DISCUSSION: Request for public hearing to consider amendments to Regulations 4 VAC 20-430-10 et. seq., "Pertaining to the Marking and Minimum Mesh Size of Gill Nets." The Commission set a public hearing for the next Commission meeting February 22.
18. PUBLIC HEARING for Commission to consider opening the area known as the Deep Water Shoal Replenishment Seed area for the public to harvest oysters for the 1999-2000 Oyster Harvest Season. Amending Regulation 4 VAC 20-720-10 et. seq.," Pertaining to Restrictions on Oyster Harvest." The Commission voted to open this seed area to harvest for the first time in years.
19. REQUESTING APPROVAL of procurement procedures for a program in February 2000 for the Oyster Heritage Program -cleaning various harvest areas in the Lower Rappahannock by utilizing dredgers. The project was approved by the Commission.
20. VIRGINIA SEAFOOD COUNCIL: Request to introduce non-native oyster, triploid crassostrea, ariakensis, to several on bottom sites in Virginia waters. The Commission voted to set a public hearing for its March 28 meeting.
21. PUBLIC COMMENTS.
Following a request by clam harvesters, the Commission voted to adopt an emergency regulation that would extend the daily harvest time from 1:00 p.m. to 2:00 p.m. until the next Commission meeting February 22.