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The following are the agenda items from the Commission's regular meeting held December 19, 2006 at Commission headquarters. The Commission's actions are in bold.
1. MINUTES of previous meeting. The Commission
voted, 8-0, to approve the minutes.
2. PERMITS (Projects
over $50,000 with no objections and with staff recommendation for
approval). The Commission voted, 9-0, to approve the “Page Two” items as presented.
3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. No meeting was necessary.
[ Audio
Items 1-3 ]
4. BARBARA KERR, ET AL, #05-2542, requests authorization to retain a
20-foot by 24-foot open-sided boathouse near the channelward end
of a 130-foot long private pier adjacent to their property along the
Piankatank River in Mathews County. The project is protested by the
owners of an adjoining parcel that, due to an error by the agent in the
joint permit application, were not notified during the application
review process.
The Commission voted, 9-0, to approve the permit in accordance
with staff recommendations with the assessment of triple permit fees as
provided by Code.
[ Audio Item 4 ]
5. ERNEST ADCOX, #06-1449, requests authorization to construct a
42-foot by 19-foot private, non-commercial, open-sided boathouse and
associated finger piers at an existing pier adjacent to his property
along the Poquoson River in York County. The project is protested by an
adjacent property owner and a nearby resident.
The Commission voted, 9-0, to approve the permit in accordance with staff recommendations.
[ Audio Item 5 ]
6. CHARLES N. COOPER, #05-0481, requests authorization to install four
(4) private aids-to-navigation adjacent to his property situated along
the Lafayette River in Norfolk. The project is protested by several
residents in the vicinity.
The Commission voted, 9-0, to deny the permit based upon the factors in §28.2-1205(A) of the Code of Virginia.
[ Audio Item 6 ]
7. ALBERT WILLIAMS, #05-0753. Consideration of Mr. Williams' failure to
comply with the Commission's June 27, 2006, directive to remove four
(4) unauthorized pilings placed within Willoughby Bay in the City of
Norfolk.
The Commission voted, 9-0, to refer the case to the Office of the Attorney General for enforcement action.
[ Audio Item 7 ]
[ Audio - Addon Agenda
Item ]
[ Audio - Special
Presentation ]
8. PUBLIC COMMENTS: Several watermen from the Eastern Shore
appeared and asked the Commission to extend the oyster harvest season
on the seaside for an extra month. The season was scheduled to end Dec.
31, 2006. The Commission voted, 7-0, to adopt an emergency regulation,
effective Jan. 1, 2007 to extend the oyster season until Jan. 30, 2007.
There was also a waterman’s request to extend the oyster harvest
season in the Rappahannock River for two months until Feb. 28, 2007.
The Commission decided to take no action on the request.
9. PUBLIC HEARING: Final consideration of emergency amendments to
Regulation 4VAC20-490, pertaining to Sharks, to establish a 4,000 pound
trip limit for spiny dogfish.
The Commission voted, 7-0, to approve the amendments.
[ Audio
Items 8 & 9 ]
10. PUBLIC HEARING: Consideration of proposed amendments to
Regulations 4VAC20-1090, "Pertaining to Licensing Requirements and
License Fees", Regulation 4VAC20-610,"Pertaining to Commercial Fishing
and Mandatory Harvest Reporting", and Regulation 4VAC20-200,
"Pertaining to the Requirements for Reporting Oyster Transactions and
Payment of Taxes", affecting the methods for payment of oyster taxes,
reporting of harvests from leased grounds, and establishment of oyster
and clam aquaculture licenses.
The Commission voted, 8-0, to approve each of the regulation amendments presented.
11. REQUEST FOR PUBLIC HEARING: Proposed amendments to Regulation
4VAC20-510, pertaining to Amberjack and Cobia and to provide for the
lawful aquaculture of Cobia.
The Commission voted, 8-0, to advertise the amendments for a public hearing at the Commission’s January 23rd meeting.
[ Audio
Items 10 & 11 ]
12. FAILURE TO REPORT HARVEST, as required by Regulation 4 VAC
20-610-10, et seq., "Pertaining to Commercial Fishing and Mandatory
Harvest Reporting."
The Commission placed the following watermen on two years
probation: Joseph L. Blanchard (6-2 vote); Shawn L. Boggess (5-3 vote);
and Ty D. Farrington (6-2 vote).
[ Audio Item 12 ]