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COMMISSION ACTIONS JANUARY 2003

Agenda Items for the January 28, 2003 Commission meeting are listed below with the Commission's actions in bold.

1. MINUTES of previous meeting. The Commission voted, 7-0, to approve the minutes.

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. EXECUTIVE SESSION. An Executive session related to Agenda Items 11, 15 and 21 was held.

4. PORT MEYERS, LLC, #02-1631, requests authorization to construct an 82-foot long by 6-foot wide community pier adjacent to their property situated along Chisman Creek in York County. The project is protested by the Concerned Citizens of Heritage Hamlet. The Commission voted, 7-0, to approve the permit.

5. CRAB CREEK UNIT OWNERS ASSOCIATION, INC., #02-2306, requests after-the-fact authorization to mechanically dredge approximately 200 cubic yards of State-owned subaqueous bottom material from their 8-slip community dock situated along Crab Creek in the City of Virginia Beach. The Commission voted, 7-0, to approve the permit.

6. BETTY L. HOACK, #02-1847, requests authorization to dredge up to 3,822 cubic yards of State-owned bottomland in conjunction with the re-floating and removal of the former U.S.C.G. Buoy Tender Lilac and to construct up to 430 linear feet of replacement bulkhead at her property situated along Falling Creek, a tributary to the James River in Chesterfield County. Both wetlands and subaqueous permits are required. The Commission voted, 7-0, to approve the permit.

7. U. S. ARMY CORPS OF ENGINEERS, #02-2103, requests authorization to place up to 100,000 cubic yards (per dredge cycle) of dredged material, from the maintenance dredging of the Quinby Creek Channel in Accomack County, upon a previously used spoil site adjacent to State-owned marsh northwest of Pealer Point in Public Ground 61. Both wetlands and subaqueous permits are required. The Commission voted, 7-0, to approve the permit.

8. SMITH POINT MARINE, INC., #02-1539, requests authorization to renovate their existing commercial marina situated along Slough Creek in Northumberland County. The project is protested by adjacent property owners upstream of the project site. The Commission voted, 4-3, to approve the permit.

9. KING GEORGE COUNTY, #02-1582, requests authorization to install by the directional drill method, a 12-inch diameter plastic sanitary sewer discharge pipe a minimum of five (5) feet beneath and extending approximately 500 feet channelward of mean low water, into Williams Creek in King George County. The project is protested by several oyster ground leaseholders. The Commission voted, 4-1, to approve the permit.

10. GLENMORE ASSOCIATES LIMITED PARTNERSHIP, #02-2007, requests authorization to install six (6), approximately 20-foot long submerged stream crossings, of a concrete encased, ductile iron sewer pipeline beneath sections of Carroll Creek in Albemarle County. An adjacent property owner protests one of the crossings. The Commission voted, 7-0, to approve the permit.

11. AMERICAN ELECTRIC POWER, #02-1812, requests authorization to cross the New River, Reed Creek and Peak Creek in two (2) locations in Wythe County, and cross Little Walker Creek, Walker Creek, Helvey's Mill Creek, Wolf Creek, and Clear Fork in Bland County, with an aerial 765kV transmission line, suspended a minimum of 110 feet above ordinary high water, in association with the Wyoming-Jackson's Ferry Transmission Line project in southwestern Virginia. Two property owners along the proposed alignment protest the project. The Commission voted, 7-0, to approve the permit.

12. Public Comments (heard at end of meeting): One issue brought forward from the public involved the oyster fishery. The Commission voted unanimously to adopt an emergency regulation that would: 1) extend the number of dredging days in the Pocomoke/Tangier Sounds Management Area, to compensate oyster fishermen who lost harvesting time because of unusually harsh, recent weather conditions; 2) change the allowable gear type from dredge to patent tong for the 2-month season at Deep Rock off Gwynn Island; and , 3) delay the opening of the Deep Rock Area by one week, to allow fishermen who had rigged up for dredging to convert to patent tong gear.

A second public issue involved the ocean shad fishery which ended December 31, 2002. There was a request to allow the transfer of limited entry permits, as some permitted fishermen met the limited entry criteria but had no plans of using the permit. The Commission voted unanimously to hold a public hearing on this issue next month.

13. DISCUSSION: 2003 management measures for the Virginia recreational Summer Flounder season, request for February public hearing. The Commission voted unanimously to hold a public hearing at its February 25 meeting.

14. REQUEST for emergency regulation to lower Winter I commercial scup landing limits. The Commission voted unanimously to hold a public hearing at its February 25 meeting.

15. REQUEST for an emergency regulation to allocate a recently ASMFC- approved, commercial Striped Bass coastal area quota addition of 55,456 pounds. The Commission voted 4 to 3 in favor of allocating the 55,456 pounds to 11 fisherman who had harvested striped bass from coastal waters during the 1993-97 period and in either 2001 or 2002. This action represents a continuation of the December Commission action which was to allocate 129,397 pounds of coastal area quota to 27 fishermen who harvested from the coastal area both during the 1993-97 period and in either 2001 or 2002.

16. DISCUSSION: 2003 management measure for the Virginia recreational Black Sea Bass fishery, for a February public hearing. The Commission voted unanimously to hold a public hearing at its February 25 meeting.

17. REPORT on the status of the Chesapeake Bay striped bass. Staff presented information to the Commission concerning the trends in striped bass population growth and recent harvest data.

18. DISCUSSION: Proposed Grey Trout management measures to comply with ASMFC Amendment 4, request for February public hearing. The Commission voted unanimously to hold a public hearing at its February 25 meeting.

19. American Shad: Update of FMAC review of the by-catch fishery. The Commission voted unanimously for staff to develop a plan for submittal to ASMFC, whereby any Virginia fisherman would be allowed to retain by-catch of American shad realized from harvesting activities, in an amount not to exceed 10%, by weight, of the aggregate (all species harvested) of an individual's daily harvest.

20. Procurement of services for the 2003 American Shad Restoration Program. The Commission voted unanimously to endorse the procurement of services from watermen to support the 9th year of American shad restoration (hatchery and stocking of fingerlings) in the James and Pamunkey Rivers.

21. Repeat Offenders: Two watermen were placed on one year probation, and a third was given a 30 day license suspension beginning at the start of the crab season followed by a one year probation.


DATE OF NEXT REGULAR MONTHLY COMMISSION MEETING: FEBRUARY 25, 2003

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