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VMRC awards contested 5-acre Lynnhaven River oyster-planting lease to Lynnhaven River Now

Virginia Marine Resources Commission · October 28, 2024
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Summary

After testimony from restoration groups, watermen and a protestant, the commission approved Lynnhaven River Now’s reduced 5-acre lease request for oyster planting and sanctuary reef work in Lynnhaven River (Virginia Beach); vote was 4–2 with one abstention.

The Virginia Marine Resources Commission voted to assign a roughly 5-acre oyster-planting lease in the Lynnhaven River to Lynnhaven River Now for use as a restoration/sanctuary reef and spat-propagation site.

Staff outlined the application’s extensive public outreach (online posting, stake markings and certified letters) and noted the applicant reduced an earlier, larger request to address recreational-user conflicts on a sandbar. Staff recommended Commission confirmation of the assignment after resolving most public comments; one protest remained. The application fee, surveying and staking fees were documented in staff materials.

Applicant Captain Brent James, Lynnhaven River Now board member and oyster-restoration coordinator, told the commission the organization will use the lease to build reef structure, reintroduce wild oyster stocks and support spat-transport restoration techniques in cooperation with watermen and aquaculture operators. Lynnhaven River Now said it will use recycled shell from municipal/restaurant programs and planned reef-building practices designed to protect marsh edges and reduce erosion.

Several local oyster farmers and leaseholders, including Beverly Ledford (Pleasure House Oysters) and Chris Ludford, testified in support, citing prior cooperative arrangements with the late leaseholder John Meekins. Protestant Mark Sanford argued there is already substantial restoration acreage in Lynnhaven and contended Lynnhaven River Now had allowed other application opportunities to lapse; he asked for more equitable distribution of leases to working watermen.

Commissioners debated restoration-versus-harvest trade-offs and noted legal limits: VMRC assigns state-owned bottom according to the order applications are received. Staff emphasized applicants may use leases for restoration or harvest consistent with the Code and that a lease does not convert state bottom to private property.

After discussion, Associate Member Branson moved to approve staff's recommendation; the motion passed 4–2 with one abstention (Mr. White). The lease will be administered under VMRC rules for a 10-year term and staff will monitor compliance and any harvest restrictions associated with sanctuary management.