# Lynnhaven Inlet Turning Basin closed to fishing?



## Heaver (Feb 7, 2001)

While listening to Capt Reese's show on the radio this morning he mentioned that this year no fishing will be allowed in the turning basin inside Lynnhaven. This area to include waters from Lesner Bridge to the Great Neck Bridge. Apparently this proposal was quietly submitted and passed by one of our delegates and several local residents (one of the folks that had a sinker thrown at him??). 

Remember the thread on this last fall - the sinker throwing, the bad behavior & language, etc. ocurring just inside the Lesner on Lynnhaven? I predicted that the city WOULD DO somethng about it if it did not stop. Well, accocrding to what I heard on the radio apparently it is about to....

The only ones you have to thank for this are the few jerks and morons that were getting into these confrontations. It takes only a few BAD appples to ruin it for everyone....

THANKS ALOT!!!    

Lou


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## Don Burke (Feb 28, 2003)

Lou,

The last word I got on this is that nothing has been decided.

Tom Powers posted some info on some state laws and I have to track that down so I can find the source documents.

Making the basin a "no stop" zone at certain times would be appropriate, but I doubt anyone involved has that kind of handle on it.


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## Don Burke (Feb 28, 2003)

HB1525 passed both the Senate and House of Delegates unanimously.

What the local governments do with it remains to be seen.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=031&typ=bil&val=hb1525&Submit=Go 

Be it enacted by the General Assembly of Virginia: 

1. That the Code of Virginia is amended by adding a section numbered 29.1-744.4 as follows: 

§ 29.1-744.4. "Pass-through" zones; local ordinances; penalties. 

After providing notice to the Department, any locality may, by ordinance, establish "pass-through" zones in any portion of a waterway within its territorial limits where congestion of watercraft traffic routinely poses a significant safety risk to persons in such designated area. The ordinance shall provide that while in a pass-through zone, operators of watercraft shall maintain a reasonable and safe speed and shall be prohibited from stopping, anchoring, loitering, or otherwise engaging in recreational activity. The locality shall clearly identify pass-through zones by buoys or other markers that conform to the general requirements as established by the Board for similar buoys or markers. The locality may provide for enforcement and penalties, not to exceed a Class 4 misdemeanor, for the violation of the ordinance.


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## Guest (Mar 15, 2003)

This is good news that the boats can't stop there in Lynnhaven. They should have passed that a long time ago! That inlet is way too small for all those boats to stop, anchor and fish. Those boats have more area to fish than us shore men! However, does this law allow shore fishing at Lynnhaven? Or is that another matter because it doesn't mention anything about it. (Thanks for posting this info)


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## Digger (Jan 4, 2000)

Pauky They don't need a law to stop fishing from the Owl Creek side since I believe they own the land. We will ahve to wait and see what happens.


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## Don Burke (Feb 28, 2003)

We'll see what happens when Virginia Beach gets their chance at writing an ordinance.

I'd make it a pass-through on Saturday, Sunday, and national holidays from Memorial Day weekend to Labor Day weekend. Perhaps only part of the day would be needed.


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## Guest (Mar 15, 2003)

Va Beach had a vote on Feb 25, 2003.
http://www.vbgov.com/dept/clk/citycouncil/2003archives.asp 

Click on the "February 25, 2003 Minutes" in the center area of the web page. It's in adobe so it will take a while to load. Out of 200 or so pages of adobe info look at pages "33 - 41" for the Lynnhaven info. They show a map of the area too.

Does not apply at this time to shore anglers.


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## Don Burke (Feb 28, 2003)

It appears VB is identifying a channel and prohibiting vessels from obstructing it.

That would be a good thing as long as they don't make the channel too wide.


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## Guest (Mar 15, 2003)

From the looks of the diagram, vessels can anchor, fish, etc on the Lesner Bridge side where Lynhaven marina is. There is a small beach/sand area that's used by shore anglers. That's bound to cause the same type of problem that the Crab Creek Beach area had. Also it says that kayaks cannot launch from the Crab Creek side directly near the bridge. Doesn't look like it affects the Duck Inn side for anglers or kayakers cause it's considered on the Chesapeake Bay side of the bridge. That should also exempt the beach directly across the water from the Duck Inn cause it's considered Chesapeake Bay. Or am I reading it wrong? 

The word "abutting" which is referred to under "d)" on page #36 of the adobe document seems to mean the shoreline on the side of Crab Creek Beach is off limits. And that all of the other 3 water access spots under the Lesner Bridge are not included in these restrictions. But I don't think so. Wasn't it designed to be part of the open public beach as well when the new boat launch facility was put in? I may be wrong. Can someone clarify that for me?  

I'll take a ride by in the coming week or two to see where the markers have been places.


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## Guest (Mar 15, 2003)

Surf Stirrer,

I think that part means the rest of that section shall not be "deemed to prohibit fishing...from the shorelines abutting" the channel. I take it to mean that that section doesn't apply to us fishermen who are fishing from shore. It sounds to me that we'll be OK, as long as the few idiots don't sling lead at boats any longer.


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## Heaver (Feb 7, 2001)

I went to the City web site and read up on the minutes. I guess it does not apply to shore bound anglers, boaters only. They cannot stop anywhere along the channel.

For shorebound anglers, this is what it has to say:

"No part of this section shall be deemed to prohibit fishing, crabbing, swimming or wading from the shorelines abutting the Lynnhaven Channel or the Lynnhaven Turning Basin."

The problem area is directly inside the Lesner where the channel comes very close to the beach. This is where confrontations are taking place. Not between anchored boats and the shorebound angler, but between PASSING boats and the beach angler.....

When I heard Reese make the statement on his radio show I assumed what he was saying was correct - No fishing in the turning basin. Period. In a sense he is correct as it applies to the boater.

Lou


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## Don Burke (Feb 28, 2003)

It looks like we can be on the Chesapeake Bay side of or under the bridge east of the navigable openings. I've been interpreting that as the steel portion. Does anyone have a Coast Pilot handy? Mine's on the boat.

It also appears a kayaker could walk under either end of the Lesner bridge and hand launch in the Chesapeake Bay.

I don't know about that diagram. I think by "southern edge of the east end of the Lesner bridge" they might completely cut us out of that corner no matter what the diagram shows. It's just as well since the cast netters and shore fishermen would make for a crowd anyway.


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## rlott (Oct 19, 2002)

Crossing the Lesner bridge on my way home this afternoon, I couldn't help but notice a fairly nice looking rig, 23-25 footer or so, hard aground in ankle deep water at the Crab Creek entrance, with the green entrance bouy 30 yards to starboard.

A few minutes later at the Shore/Great Neck intersection I got behind another fella pulling a shockingly rusty tandem trailer with bent axles and no brake or turn lights.

....and so the 2003 season begins.....

Rich


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## Guest (Apr 15, 2003)

My heart started racing seeing this thread resurface. I was just about to reach for the nitro. 
Glad it's good news and not "area has been closed to shore fishing" news.


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## Don Burke (Feb 28, 2003)

There is a lot of confusion about all of this.

It really isn't all that complicated.

6-28 identifies rules regarding shore fishermen in Lynnhaven and Rudee letting boats pass. Somehow this is being interpreted by some as prohibiting fishing, which is incorrect.

6-114 identifies areas where launching or beaching boats is prohibited some or all of the time.

6-112.2 establishes the Lynnhaven turning basin as a channel, indentifies the boundaries of the basin and establishes a channel through Broad Bay. Somehow this is being interpreted by some as Long Creek, which is incorrect.

Here are the three ordinances from Virginia Beach City Code: 

Sec. 6-28. Fishing rules for Lynnhaven and Rudee Inlets. 

(a) It shall be unlawful for any person to obstruct the passage of any boat, jet-ski, surfboard or vessel of any type in the waters of either Lynnhaven Inlet and its connecting tributaries or Rudee Inlet and its connecting tributaries by the placing of fishing nets or fishing lines in the path of said boat, jet-ski, surfboard or vessel.

(b) Should any of the above-mentioned vessels approach fishing net or line, that net or line shall be retrieved without delay to allow unobstructed passage of the boat, jet-ski, surfboard or vessel.

(c) It shall also be unlawful to cast a fishing net or line within fifty (50) feet of any passing boat, jet-ski, surfboard, or vessel, while that boat, jet ski, surfboard or vessel is in the waters of either Lynnhaven Inlet and its connecting tributaries or Rudee Inlet and its connecting tributaries.

(d) A violation of this section shall constitute a Class 3 misdemeanor.

(Ord. No. 1386, 7-11-83) 


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Sec. 6-114. Restrictions on launching, landing, parking or stationing recreational vessels in certain areas. 

(a) It shall be unlawful for any person to launch or land a sailboat, motorboat, motorized personal watercraft, canoe, rowboat, flatboat, kayak, umiak, scull or any other similar recreational vessel on the beach area north of Rudee Inlet to the center line of 42nd Street prolongated eastward, between Memorial Day Weekend and Labor Day Weekend between the hours of 10:00 a.m. and 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. weekends and holidays. The provisions of this subsection shall not be applicable to any person who is awarded a contract, based upon competitive procurement principles, to conduct an operation for the rental of designated recreational vessel(s) or to any person who rents a vessel from an authorized rental operator provided the vessel(s) so rented is launched or landed within the area designated in such contract. For purposes of this section, Memorial Day Weekend shall be deemed to commence at 6:00 p.m. the Friday before Memorial Day, and Labor Day Weekend shall be deemed to end at 6:00 p.m. Labor Day.

(b) It shall be unlawful for any person to park or station a sailboat, motorboat, motorized personal watercraft, canoe, rowboat, flatboat, kayak, umiak, scull or other similar recreational vessel on the beach area north of Rudee Inlet to the center line of 42nd Street prolongated eastward, with the following exceptions:

(1) In an emergency;

(2) With an approved race or regatta permit;

(3) In the process of launching or landing a vessel specified above in the areas and during the time periods permitted in subsection (a) of this section; or

(4) Pursuant to a contract in accordance with the provisions of subsection (a) of this section.

(c) It shall be unlawful for any person to launch, land, park or station a motorboat or motorized personal watercraft on the beach between the area north of the center line of 42nd Street prolongated eastward and the southern boundary line of Fort Story, except in an emergency or with an approved race or regatta permit.

(d) It shall be unlawful for any person to launch, land, park or station a sailboat on the beach between the area north of the center line of 42nd Street prolongated eastward and the southern boundary line of Fort Story without a permit from the city manager, with the following exceptions:

(1) In an emergency; or

(2) With an approved race or regatta permit. 

(e) Permits will be issued by the city manager for sailboats to be launched, landed, parked or stationed on the beach between the area north of the center line of 42nd Street prolongated eastward and the southern boundary line of Fort Story under the following conditions:

(1) The permit to be issued on a first come first serve basis subject to subsections (i) and (j) of this section.

(2) The city manager shall limit the number of permits to four (4) sailboats per block between the area north of the center line of 42nd Street prolongated eastward and the center line of 57th Street prolongated eastward; seven (7) sailboats per block between the area north of the center line of 57th Street prolongated eastward and the center line of 77th Street prolongated eastward; and twelve (12) sailboats per block between the area north of the center line of 77th Street prolongated eastward to the southern boundary line of Fort Story.

(3) A sailboat having a valid permit under this subsection may be launched, landed, parked or stationed on the beach area in front of any block between 42nd Street and Fort Story as long as the maximum number, as set forth in (2) above is not exceeded. If the maximum number as set forth in (2) above is exceeded, then the sailboat that does not have a permit for that particular block shall be in violation of this section.

(4) Permits are valid only for the month of March through the month of October for the year in which the permit was issued.

(5) Permits must be renewed annually.

(6) The annual permit fee shall be thirty dollars ($30.00) for residents of the city and ninety dollars ($90.00) for nonresidents. The city manager is authorized to establish dates of issuance for such permits for residents and nonresidents.

(7) There shall be no parking or stationing of sailboats on the sand dunes or in front of access points or street ends.

(8) No anchors shall be driven in the beach to secure sailboats, unless approved by the director of the department of public works as to type, size and location.

(9) No sailboats shall be secured to lawful fixtures or structures on the beach.

(10) The permits shall be placed on the outside port (left) bow of the sailboat.

(11) Permits are nontransferable.

(f) It shall be unlawful for any person to launch or land any motorboat, motorized personal water craft or any other motorized recreational vessel on the beaches extending south of Fleet Combat Training Center Dam Neck to the southern boundary of Little Island Park, or on the beaches south of Rudee Inlet to the northern boundary of Camp Pendleton Military Reservation, during the season from 6:00 p.m. on the Friday before Memorial Day Weekend through 6:00 p.m. on the Monday following Labor Day Weekend, between the hours of 10:00 a.m. and 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. weekends and holidays, except as hereafter provided:

(1) Watercraft may be launched or landed in an emergency or for law enforcement purposes.

(2) Commercial fishing boats operating from the beaches by permission of the Virginia Division of Parks and Recreation shall be exempt from the restrictions of this article.

(g) It shall be unlawful for any person to launch, land, park or station a sailboat, motorboat, motorized personal watercraft, canoe, rowboat, flatboat, kayak, umiak, scull or any other similar recreational vessel on the beach area between the western end of the Lesner Bridge continuing southwest along the shoreline of the Lynnhaven Turning Basin and then west to the Lynnhaven Boat Ramp at Crab Creek with the following exceptions:

(1) In an emergency; or

(2) With an approved race or regatta permit.

(h) Any police officer of the City of Virginia Beach is hereby authorized to remove and impound or have removed and impounded any vessel which appears to be in violation of this section or which is lost, stolen, abandoned or unclaimed. In addition to the fine imposed for a violation of this section, such vessel shall be removed and impounded at the owner's expense until lawfully claimed or disposed of.

(i) Any person who shall violate any of the provisions of this section shall be guilty of a Class 4 misdemeanor.

(j) If any person holding a permit under this section has three (3) or more convictions, or findings of not innocent in the case of a juvenile, of violating this section or section 6-115 within the permit period, the city manager shall revoke that person's permit. That person shall not be eligible for another permit for the same permit period.

(k) Any person who has six (6) or more convictions, or findings of not innocent in the case of a juvenile, of violating this section or section 6-115 within any two-year period shall not be issued a permit by the city manager under this section for the next two (2) years.

(Code 1965, § 6-13; Ord. No. 1033, 4-21-80; Ord. No. 1037, 5-12-80; Ord. No. 1150, 3-9-81; Ord. No. 1909, 8-21-89; Ord. No. 2055, 4-23-91; Ord. No. 2087, 7-9-91; Ord. No. 2103, 9-3-91; Ord. No. 2126, 4-28-92; Ord. No. 2227, 5-23-93; Ord. No. 2736, 2-25-03) 


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Sec. 6-112.2. Designation of channel for vessels transiting the area of the Lynnhaven Basin, Broad Bay and The Narrows. 

(a) There is hereby established a channel for vessels transiting between Long Creek Canal and the entrance to Linkhorn Bay, through Broad Bay and The Narrows. Such channel shall be marked with appropriate markers and navigational aids conforming to the requirements of the U.S. Coast Guard.

(b) There is hereby established a channel for vessels transiting the Lynnhaven Turning Basin and the Lynnhaven Channel. The Lynnhaven Turning Basin is defined as that body of water bordered on the north by the Lesner Bridge; then following south along the shoreline running from the southern edge of the west end of the Lesner Bridge to the entrance of Crab Creek; then running along a line east from Crab Creek to Long Creek Channel Marker 2, continuing east from Channel Marker 2 to Long Creek Channel Marker 4; then bordered on the east by a line running from Long Creek Channel Marker 4 to the southern edge of the east end of the Lesner Bridge. Such channel shall be marked with appropriate markers and navigational aids conforming to the requirements of the U. S. Coast Guard.

(c) It shall be unlawful for any person to anchor, fish, crab, swim, water ski or in any way obstruct any vessel transiting in said channel. Powered vessels shall not operate in said channel except as necessary to transit or cross same, proceeding in accordance with the Inland Rules of the Road.

(d) No part of this section shall be deemed to prohibit fishing, crabbing, swimming or wading from the shorelines abutting the Lynnhaven Channel or the Lynnhaven Turning Basin.

(Ord. No. 1981, 6-18-90; Ord. No. 2736, 2-25-03)


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