Tidal Fish Forum banner
1 - 18 of 18 Posts

·
Registered
Joined
·
3,681 Posts
Discussion Starter · #1 ·
Below is the siting notice for a proposed pound net site in Northhampton County. You can also send comments to Jack Travelstead at:

[email protected]

REGULATION 4 VAC 20-25-10 ET SEQ., PERTAINING TO POUND NET SITING PUBLIC INTEREST REVIEW" requires that there be an opportunity for public comment on new pound net locations that are requested for licensing by commercial fishermen. The following notices are posted by date; the comment period for each specific notice ends approximately 30 days from the date posted on this web site. Please check with The Fisheries Division at (757) 247-2248 to determine when a specific comment period ends. Send comments/inquiries within 30 days to: Marine Resources Commission, Fisheries Management Division, 2600 Washington Avenue, 3rd Floor, Newport News, Virginia 23607.

March 27, 2007: Notice is hereby given that Elizabeth A. Bender of Cheriton, Virginia has applied to the Marine Resources Commission to license and locate a pound net West of Fisherman Island in Northampton County, approximately 1700 feet from the shoreline at Latitude 37° 06.20' and Longitude 75° 59.20'.
 

·
Tidal Fish Subscriber - I'm cool!
Joined
·
1,292 Posts
Tom,

Just curious. If it is a legal location, what good is public comment? How often are requests like this overturned due to public comment? I just sent my comments to Jack T.
 

·
Registered
Joined
·
3,681 Posts
Discussion Starter · #5 ·
This is a new process. I really don't know how many will or will not be permitted based on public comment. In theory if there are objections there is a public hearing held at the commission and the Commission will make the final decision. I don't think that there is has been one yet.

I assume that there were folks that objected to the one up near Hunger's creek that I posted on this board a few weeks ago. That is the first one (of about 6 or 8) that I posted that had negative comments on the board. I can ask later in the week, about the next step.

Like I said earlier this got started after someone put a pound net adjacent to (i.e. right up to MLW) a private beach at a condo at Windmill Point. There were two public hearings, and a lot of folks objected to the net after the fact. The Commission did direct the watermen to make some modifications to his setup to accomidate the condo owners. The last I saw it was before the Commission again because he did not do what he was told (or at least that is what someone claimed). I will try to dig up the minutes of that meeting to figure out what happened.

It is difficult to say if this one should or should not be permitted as you can go either in shore or outside of the net when going N-S. On the other hand the one from last time pretty much goofed up that fairway in shore of the island.

One of the things that the Commission is having to deal with more and more is the concept of public versus private (commercial) use of the waters. Pound nets, staked gill nets, marinas and piers are the current uses. In the near term future it will be aquaculture operations. Often times it is a fine line that must be walked. The realize this.

I publish these as I know I would concerns if one were placed in any number of locations that I regularly use recreationally and I feel that it is important that the public stay informed.

Here is the law --

4 VAC 20-25-30. PUBLIC COMMENT AND COMMISSION REVIEW.
A. A public comment period shall extend for 30 days, from the date of advertisement of the public notice. During the comment period any interested citizen may offer written comment to the Commission.

B. The receipt, by the Commissioner, of any protest during the public comment period shall cause the application for a new pound net location to be placed on the next available agenda of the Commission, for public hearing and review by the Commission.

C. In considering the licensing of a pound net at a new location, the Commission shall be guided in its deliberation by the provisions of Article XI, Section I of the Constitution of Virginia and the public trust doctrine, as defined by the common law of the Commonwealth adopted pursuant to § 1-10. The Commission shall also consider the effects of placement of the pound net at the new location on the following:

1. Other reasonable and permissible uses of the state waters;

2. Marine and fishery resources of the Commonwealth;

3. Tidal wetlands;

4. Adjacent or nearby properties;

5. Water Quality; and

6. Submerged aquatic vegetation

D. Following the public hearing, the Commission may issue the pound net license for the new location, deny the license, or issue a license for a modified location.

Tom
 

·
Registered
Joined
·
3,681 Posts
Discussion Starter · #6 ·
Oh I am confident about one thing. Writing letters will only get the matter on the Commission agenda. It will take concerned citizens showing up at the public hearing for a net to be moved. Put yourself in a Commissioner's shoes. . .. A few objection letters and no one bothers to show up and explain their problem and/or work out modifications. . . Were they objections just to be objections or where they real issues?

I know with piers, etc. if there are objections and no one shows up the pier is normally approved.

Tom
 

·
Registered
Joined
·
1,076 Posts
Anyone who would run the risk of hitting that would have to be returning from the highrise and run on the inside of latimer shoal. This would put them at risk of hitting the other existing pound nets as well. I think most people will be returning on the outside of the shoal and well away from the net.
 

·
Registered
Joined
·
220 Posts
I've gone back from the High Rise at night that inshore route many times and yes you do need to stay west of those other pound nets (I marked them on my chart plotter) going to Kiptopeke. It's just a matter of time and it will be a death stick.
 

·
Registered
Joined
·
1,265 Posts
I will sometimes run inshore of Latimer back to Kipto. if the wind is hard from the North, Northeast or East just to get the wind protection from the land so I cant agree that everyone runs outside of the shoal. I have a route programed into my gps that runs me right to the concrete ships inside the shoal and out away from the existing pound nets. Will just have to plot a new course durring the daylight hours that gets me by the new pound net as well. Not the end of the world just something else to watch for.
 

·
Registered
Joined
·
1,076 Posts
inshore of Latimer

Ok I also run inshore of the shoal, but anyone who is afraid of the nets at night will be just as likely hitting the other ones as they would that one. I haven't heard of anyone hitting the other ones, but maybe it happens all the time.
 

·
Registered
Joined
·
1,418 Posts
To me, the application appears a little strange: a "Virginia Bender" is applying for the permit...is she(a female) going to be the person who puts the poles in the water and works the net on a regular basis?? Or is there someone with a history that she is getting the pound net permit for? Will she be at VMRC public hearing to answer any questions that may arise? Is this an attempt to bypass a normal personal application. I cannot believe a woman is going to place the net and operate it. Red flags should be going up all over "staff" offices at VMRC on this one??

Bob Allen , Hampton, VA
 

·
Registered
Joined
·
16,824 Posts

·
Registered
Joined
·
3,681 Posts
Discussion Starter · #16 ·
Jim,

My experience has been that in most instances, with fisheries issues, RFAB, etc. letters are useful.

I was providing my opinion on things that I have observed over the years relating to conflicting use issues such as habitat permits.

This process of permitting pound nets through a public process is pretty new, like maybe a year old.

As I commented ealier I have posted notices for three or four other permits and received no negative comments on the boards. I can not recall one ever making it to a public hearing because of objections.

It may be that letters and emails will get some action, we will have to see.

Tom
 

·
Registered
Joined
·
263 Posts
How difficult can this be?????????

Mr. Travelstead,

In regards to this request,

Notice is hereby given that Elizabeth A. Bender of Cheriton, Virginia has applied to the Marine Resources Commission to license and locate a pound net West of Fisherman Island in Northampton County, approximately 1700 feet from the shoreline at Latitude 37° 06.20’ and Longitude 75° 59.20’.

I believe this location would endanger boaters at night and the Porpoises that are common in that area. Safety is an issue that should be considered when looking to approve such a request.

regards
Ian Russell
 
1 - 18 of 18 Posts
Top