By Mike Wills

OPCL President 

On March 24, 2009, the Virginia Marine Resource Commission (VMRC) approved two permits for a total of three pound nets off the Ocean Park/Baylake beach area. The board’s decision was based on the location of the nets being 1,500 feet from shore and the required use of a modified leader that may help reduce dolphin kills. In addition to sending a letter in opposition, I attended the hearing in person and spoke out against these nets as a matter of public interest and safety. I pointed out the fact that this area is utilized by thousands of recreationalists on boats, jet skis, kayaks, Hobie cats, windsurfers, etc. and thus would pose a navigation and safety hazard. VMRC also received over 40 additional emails in opposition and seven in support. The board was not swayed by the possible safety and recreational impact to the community or the possibility of dolphin entanglements. In the end, the rights of the two fishermen overruled those of the entire community. OPCL’s board felt that this decision was arbitrary and in direct violation of VA Code which states: 

“…the Commission shall also consider the public and private benefits of the proposed project and shall exercise its authority under this section consistent with the public trust doctrine as defined by the common law of the Commonwealth adopted pursuant to § 1-200 in order to protect and safeguard the public right to the use and enjoyment of the subaqueous lands of the Commonwealth held in trust by it for the benefit of the people as conferred by the public trust doctrine and the Constitution of Virginia.”  

The Board decided that the decision should be appealed to the Circuit Court and a motion to fund the case will be voted on at the next meeting. Pictured is an illustration of a pound net. These nets are 1,200 feet long each and stand to have a tremendous impact on the enjoyment of the beachfront. This is an extremely important issue and I encourage you to come out and offer your support.