Governor McAuliffe Signs Executive Order Protecting Virginia’s Coastal Resources

Today Governor Terry McAuliffe signed an Executive Order continuing the Virginia Coastal Zone Management Program, a network of Virginia state agencies and local governments designed to protect the natural and economic assets located within Virginia’s coastal regions.

“From protecting the wildlife and fisheries of the Chesapeake Bay to meeting the threat of sea level rise, Virginia has a responsibility to protect our coastal areas and the vital natural and economic resources they offer,” said Governor McAuliffe. “The Coastal Zone Management Program is a critical framework for our Commonwealth’s stewardship of these important assets, and I intend to give it the full support of my administration.”

U.S. Representative Robert Wittman continued, “For over 25 years Virginia’s Coastal Zone Management Program has helped coordinate the Commonwealth’s efforts to protect  and restore coastal communities and natural resources. Virginia’s Chesapeake Bay, wetlands, and beaches are national treasures; these efforts to enhance coastal communities and ecosystems benefit us all.”

Below is the full text of the executive order:

NUMBER THIRTY FIVE (2014)

CONTINUATION OF THE VIRGINIA

COASTAL ZONE MANAGEMENT PROGRAM

Importance of the Initiative

           

            The Virginia Coastal Zone Management Program's (“Program”) mission is to create more vital and sustainable coastal communities and ecosystems. The Department of Environmental Quality will serve as the lead agency for this networked program and will be responsible for allocation and assignment of all federal funds received for the Virginia Coastal Zone Management Program Implementation Grant.

            By virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia and under the laws of the Commonwealth, including but not limited to Sections 2.2-103 and 2.2-104 of the Code of Virginia, and subject to my continuing and ultimate authority and responsibility to act in such matters, I hereby continue the Virginia Coastal Zone Management Program.

POLICY GOALS

            State agencies having responsibility for the Commonwealth's coastal resources shall promote the Coastal Zone Management Program consistent with the following goals:

Coastal and Ocean Resource Protection

            Goal 1: To protect and restore coastal and ocean resources, habitats, and species of the Commonwealth. These include, but are not limited to, wetlands, subaqueous lands and vegetation, beaches, sand dune systems, barrier islands, underwater or maritime cultural resources, riparian forested buffers, and endangered or threatened species.

            Goal 2: To restore and maintain the quality of all coastal and ocean waters for human and ecosystem health through protection from adverse effects of excess nutrients, toxics, pathogens, and sedimentation.

            Goal 3: To protect air quality.

            Goal 4: To reduce or prevent losses of coastal habitat, life, and property caused by shoreline erosion, storms, relative sea level rise, and other coastal hazards in a manner that balances environmental and economic considerations.

Coastal and Ocean Resource Sustainable Use

            Goal 5: To provide for sustainable wild fisheries and aquaculture.

            Goal 6: To promote sustainable ecotourism and to increase and improve public access to coastal waters and shorefront lands compatible with resource protection goals.

            Goal 7: To promote renewable energy production and provide for appropriate extraction of energy and mineral resources consistent with proper environmental practices.

Coastal and Ocean Management Coordination

            Goal 8: To ensure sustainable development on coastal lands and support access for water-dependent development through effective coordination of governmental planning processes.

            Goal 9: To avoid and minimize coastal and ocean resource use conflicts through research, planning, and a forum for coordination and facilitation among local, regional, state, and federal government agencies, interest groups, and citizens.

            Goal 10: To promote informed decision-making by maximizing the availability of up-to-date educational information, technical advice, and scientific data including the use of new tools such as marine spatial planning.

IMPLEMENTATION AND ENFORCEMENT

            The following agencies, in cooperation with local governments, as appropriate, shall have primary responsibility for implementing the enforceable policies of Virginia's Coastal Zone Management Program as approved by the National Oceanic and Atmospheric Administration:

Responsible Agency and Enforceable Policies

Department of Environmental Quality (DEQ)

Point source water pollution management and nontidal wetlands management

Air pollution

Nonpoint source pollution management

Coastal lands management

Marine Resources Commission (MRC)

            Primary sand dunes management

            Tidal wetlands management

            Subaqueous lands management

            Fisheries management (shared with DGIF)

Department of Game and Inland Fisheries (DGIF)

Fisheries management (shared with MRC)

Department of Health

Shoreline sanitation

The following agencies are responsible for assisting with the program:

Department of Conservation & Recreation

Department of Agriculture and Consumer Services

Department of Forestry

Department of Historic Resources

Department of Mines, Minerals & Energy

Department of Transportation

Virginia Economic Development Partnership

Virginia Institute of Marine Science

Virginia Department of Emergency Management

            In addition, other agencies that conduct activities that may affect coastal resources shall conduct such activities in a manner consistent with and supportive of Virginia's Coastal Zone Management Program. For purposes of this Program, the Coastal Area shall mean Tidewater Virginia as defined in Section 28.2-100 of the Code of Virginia, inclusive of all tidal waters out to the three nautical mile Territorial Sea Boundary.

            The Director of the Department of Environmental Quality shall monitor all state actions that affect coastal resources. When, in the judgment of the DEQ Director, a state agency, regulatory board, or commission is about to act in a manner that appears to be inconsistent with the Program or has established a pattern of actions that appears to be inconsistent with the Program, the Director shall discuss the situation with the head of such agency, board, or commission to determine if a consistency problem exists.

            If, after discussion, the head of such agency, board, or commission and the Director of DEQ are in disagreement about the existence of a consistency problem, the Director will inform the Secretary of Natural Resources of the disagreement. The Secretary shall then determine if a state interagency consistency problem exists.

            If the head of such agency, board, or commission and the Director of DEQ agree that a consistency problem exists, they shall attempt to resolve the problem. If they cannot resolve the problem, the Director shall advise the Secretary that an unresolved interagency consistency problem exists.

            Upon notification of the existence of an unresolved consistency problem, the Secretary shall review the problem, determine how it should best be resolved, and affect such resolution within the Secretariat of Natural Resources or consult with other Cabinet Secretaries to resolve a consistency problem with agencies, boards, or commissions not within the Secretariat of Natural Resources. If unable to resolve the problem, the Secretary shall report to the Governor and recommend appropriate action. The Governor shall have the ultimate responsibility for resolving any interagency consistency problem that cannot be resolved by the Secretary of Natural Resources.

            Any person having authority to resolve consistency problems under the terms of this Executive Order shall resolve those problems in a manner that furthers the goals and objectives of the Program as set forth above and in accordance with existing state law, regulations, and administrative procedures.

Effective Date of the Executive Order

            This Executive Order rescinds Executive Order No. 18 (2010), issued by Governor Robert F. McDonnell. This Executive Order shall be effective upon its signing and shall remain in full force and effect until June 30, 2018, unless amended or rescinded by further executive order.

            Given under my hand and under the Seal of the Commonwealth of Virginia on this 2nd day of December, 2014.

____________________________________________

                                                                                                                                                                                                                                                       Terence R. McAuliffe, Governor

Attest:

____________________________________

           Secretary of the Commonwealth

(Please note:  This only applies to government entities and those who contract with the government.  Not one area of this applies to the people or to any businesses, unless they contract with the government.  With that said, who cares?)

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Undermining The Constitution A HISTORY OF LAWLESS GOVERNMENT (Part 10)

 (Photo credit: Wikipedia)

By Thomas James Norton

FIVE MONTHS AFTER THE INCORPORATION OF TENNESSEE VALLEY AUTHORITY, IN 1933, TWO MEMBERS OF THE CABINET OF THE PRESIDENT, AND THE HEAD OF THE FEDERAL RELIEF ADMINISTRATION PROCURED A CHARTER IN DELAWARE FOR THE FEDERAL SURPLUS COMMODITIES CORPORATION, CAPITALIZED BY THE MONEY OF THE TAXPAYERS

The next excursion of government beyond its constitutional domain was in October, 1933, after the Tennessee Valley Authority had been incorporated, and its aims were as general as human affairs.

Secretary of Agriculture Henry A. Wallace, Secretary of the Interior Harold L. Ickes, and Harry Hopkins, Head of the Federal Relief Administration, took out a charter under the ultraliberal law of Delaware for the Federal Surplus Commodities Corporation. The corporation, the charter recited, would have "perpetual existence."

Up to that time the "undesirable citizens," the persons of "predatory wealth," the "economic royalists," and others who became incorporators never thought of asking for their creatures more than half a century of life or, at most, 99 years. And if they organized under the laws of Dela-

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ware, they were, in the eyes of many, immediately suspect. But here the anointed in Government went to Delaware and took out a charter to last forever, until "the wreck of matter and the crush of worlds."
The tip-top corporation of Fascism
In part, the purposes of the charter were as follows (italics added):
1. "To relieve the existing economic emergency by the expansion of markets."
2. To "purchase, store, handle and process surplus agricultural and other commodities."
3. To perform "all functions" that may be "delegated to it under acts of Congress."
(By not authorizing Congress to delegate any functions to any person or group, the Constitution thereby forbids delegation. Yet delegation was done.)
4. "To accept grants ... of monies, commodities, lands or other property of any class, nature or description."
5. To "carry on any or all of its operations and business without restriction or limit."
6. To "hold, own, mortgage, sell, convey" property of "every class."
7. To borrow money on the commodities in its possession.
8. "To encourage the farmers to co-operate in any plan which calls for the reduction of acreage."
9. To engage in warehousing and exporting.
To incur debt in every conceivable way
10. "To borrow money," issue bonds and "all other kinds of obligations . . . without limit."

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11. "To loan money, to buy, discount, sell or rediscount or otherwise deal in notes" and every sort of paper.
12. "To take and hold ... by bequest, devise, gift, purchase, lease or otherwise" anything.
13. "To guarantee" or otherwise deal in shares of "any other corporation."
And so on for six more paragraphs of specifications and powers.
No engineers of high finance ever piled a pyramid of corporations with powers to match those in scope or absoluteness.
And, of course, none of those activities is any constitutional business of the United States.^[1]
Some of the Fascist activities exhibited
Yet the corporation has been acting with devilish diligence. It has had a part of several grain crops deteriorating in storage, and it has released wheat -- the prime food of man -- to feed the pigs.
In July, 1944, the Associated Press reported the War Food Administration as saying that it had purchased
1. In October, 1949, the Fairbanks Daily News-Miner published the secret draft of a charter for a Fascist company to be named The Alaska Development Corporation, which was in the main a copy of the Delaware charter of The Federal Commodities Surplus Corporation. The copy was taken to Alaska by an assistant secretary of the Interior and shown confidentially to a few persons, probably for consultative purposes.
The document went "all out" for everything -- construction of electric power systems; loans of money of the taxpayers for any purpose; construction of railroads; operation of ships, docks, and all the equipment of the sea; aid to agriculture and to culture -- nothing in the way of uplift is to be without provision. And, of course, the capital of the corporation (like that of the Commodities Corporation) will be taken by the United States out of the pockets of its taxpayers.
The plan for "the electrification of America" and the superseding of the Constitution by the Fascist corporations of Socialism is being driven with a vigor which the believers in the Republic lack.

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10,500 carloads of eggs "for price support between January 1 and July 15."
No clause of the Constitution authorizes the support of prices by the Government of the United States for the benefit of farmers at the expense of the taxpayers. That point was passed upon by the Supreme Court when it held violative of constitutional limitations the original Agricultural Adjustment Act as an attempt to gather money for one class by taxing another.
In August, 1944, the dispatches told of the purchase in the Northwest by the War Food Administration of eggs at $9 a case of 30 dozen each, which it was obliged to sell at 20¢ to 50¢ a case. It dumped 14 railroad carloads of spoiled eggs. It was offering 14 more carloads to the trade. It had sold 26 carloads, about 16,000 cases, for hog feed at 5¢ a case. As stated above, the Government had paid $9 a case for them.
A consignment of 6 carloads was held in Chicago for orders from Washington to destroy them, until freight charges had accumulated to $4,200. But it was the money of the taxpayers!
The egg in its relation to great Government
The Associated Press reported in 1944 that a deputy director of War Food Administration testified before a committee of Congress that he "wished he knew" what could be done "with between $100,000,000 and $150,000,000 worth of eggs bought this year."
"Do you mean to say that the American taxpayers have invested between 100 and 150 million dollars in eggs we have no use for?" demanded the Chairman of the Committee.

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"That's right," answered the witness.
Losses of taxpayers' money on ventures of the kind described were reported as to nearly every agricultural commodity. The Federal Surplus Commodities Corporation and its subsidiaries became possessed, by using the money of the taxpayers, of many surpluses of enormous -- almost fabulous -- cost, which they had to dump. The "ever-normal granary" of Henry A. Wallace, one of the incorporators of the Federal Surplus Commodities Corporation, turned out upon trial to be an instrumentality for feeding wheat to pigs. And Harry L. Hopkins, another of the incorporators, never made any apologies, probably because of the belief which he once expressed that "the people are too damned dumb to understand."
A potato famine resulting from abundance
On December 31, 1946, the Associated Press reported from Washington that "millions of bushels of frozen and rotten potatoes will be dumped under Government instructions." The Department of Agriculture had underwritten the 1946 crop up to 90 per cent of parity. The crop turned out to be 100,000,000 bushels larger than the "planners" had expected. Then prices tumbled. The Department loaned money to the growers at the guaranteed price and asked them to store the potatoes until the price should rise. It did not rise. The great loss came from those loan-stored potatoes. The dispatch carefully did not tell what price the Government guaranteed. Here is an illustration of the worst feature of centralized authority -- its deceit, its adroit concealment of facts, its purposeful misleading of the public.

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The loss from damp, vermin, and deterioration of wheat and other grains which the Corporation ordered held in storage for better rates, the while paying out of the pocket of the taxpayers unjustifiable prices to the farmer, was enormous, and the true extent of it will probably never be known.
One of the great "plungers" in debt
The Federal Surplus Commodities Corporation had a capitalization of $100,000,000, and all the stock was owned by the United States -- which has no authority from the Constitution to own stock in any corporation. By the acts of 1938 and 1945 it was empowered to borrow up to $4,750,000,000 on obligations guaranteed by the United States, which has no authority from the Constitution to guarantee the borrowings of any corporation.
The Associated Press reported from Washington on May 23, 1949, that the total of subsidies provided for favored classes by the taxpayers without their permission for 17 years amounted to $15,571,060,000, of which $10,300,000,000 went to farmers. No clause in the Constitution authorizes Congress to appropriate money for such purposes.
Unquestionably the farmer has been put in a very serious predicament by the high costs of help on the land, and the high costs of labor going into farm implements, machinery, fertilizer, and all the other things that he has to buy. Those costs were increased out of all reason by the aid of the administration at Washington to the monopoly of organized labor, now so powerful at the polls that it holds the President captive.

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Rejection of external government needed
But the cure for the grievances of the farmer, and of every other citizen weighted down by the operation of indefensibly high wages, is not the bestowal of subsidies from the taxpayers of the country, but the removal of the cause -- the rejection for the future of the external government of the United States, and the exclusion of the President from the field of low politics.
And the Federal Surplus Commodities Corporation is only one of a number, the magnitude of the spending of which nobody certainly knows. At least, that is what is gathered from the reports of Senator Byrd on his efforts to find out what is doing by the spenders and wasters.
Congress, by setting up such activities in competition with man, assailed his liberty to live, unhampered and unannoyed, which it was its duty to safeguard.
No such corporation in Jackson's administration
On the proper and only place of Government in the affairs of men, President Andrew Jackson said more than a century and a decade ago:
"The duty of Government is to leave Commerce to its own capital and credit, as well as other branches of business, protecting all in their legal rights, giving exclusive privilege to none."
That cogent statement contains the American philosophy laid down in the Declaration of Independence, that Government is limited strictly to giving protection to men from men and to men from Government, and it is entirely without grant from the Constitution of any paternal authority.

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The idea of President Jackson and other right-thinking Americans, that Government has no place in business, is sustained by the report of the Commodity Credit Corporation for the last fiscal year. A dispatch from Washington dated September 26, 1949, and sent by the United Press, said that the fund for the support of prices of farm commodities for the year had been set at $500,000,000. That was altogether wiped out, and an additional "red" expenditure was made of $170,000,000.
The "planner" and the bagatelle
The loss of cash in price support was $254,000,000
Inventory losses were $416,000,000
Losses on potatoes were $203,886,000
Losses on peanuts were $23,000,000
Losses on corn were $99,000,000
Losses on cotton were $36,000,000
On wheat there was written off as lost $56,000,000, of $529,000,000 invested.
Of $81,000,000 in eggs, $38,000,000 was written off.
Of $191,000,000 in linseed and other oils, $73,000,000 was written off.
The dispatch stated, without figures, that the report showed inventory losses on wool, peas, beans, barley, resin, turpentine, prunes, raisins, grains, sorghums, and tobacco.
Wires of the bureaus crossed
Under a multilateral agreement at Geneva in 1947, large imports of potatoes at half tariff rates came to the United States in 1949. That action of the Department of State was negatived by the Department of

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Agriculture in buying 90 million bushels of domestic potatoes in 1948 to make prices higher -- keeping them out of consumption.
In like manner, 60 million pounds of butter imported from Denmark in 1949 was checkmated through the purchase by the Department of Agriculture, for price support, of 93 million, 305 pounds of domestic butter!
A recent dispatch from Washington quoted a member of the Government as saying that its business has become so large that it is next to impossible to handle it. But if the Government would abandon nongovernmental activities and consider the Constitution before taking up something new, its work would be cut by three fourths or more.
Former Secretary Morgenthau considers the situation
Contemplating the enormous volume of foodstuffs kept back from consumers in the United States by the "planning" of the Federal Surplus Commodities Corporation and other bureaus, Henry Morgenthau Jr., former Secretary of the Treasury, wrote an article in October, 1949, advocating the outright gift of the great quantities in storage to the needy in the Far East and the Near East. He gave a "partial listing" of the stocks of goods in possession of the Federal Surplus Commodities Corporation, which, after taking over all the available storage room in the country, must now "finance the building of much new storage capacity." He wrote that "the quantities of farm products which have been bought and paid for with the taxpayers' money, and which continue to be stored in warehouses at the taxpayers' expense, are so tremendous as to be almost beyond belief."

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"It costs the United States Government," he added, "$237,000 a day just for storage and carrying charges on these commodities." Those charges now aggregate, he said, $76,281,725.
A table showing unconstitutional prodigality
The following are "partial listings" by Mr. Morgenthau of commodities in storage, which will be increased, he thinks, from the harvests of 1949 and 1950:

Commodity	Quantity		Value (Cost)
Wheat	190,600,000	bu.	$451,722,000.00
Corn	75,000,000	bu.	132,000,000.00
Linseed Oil	212,889	tons	119,218,153.32
Eggs, Dried	65,558,257	lbs.	84,786,714.83
Butter	87,378,000	lbs.	55,048,140.00
Beans	4,950,000	cwt.	40,639,500.00
Barley	27,700,000	bu.	39,334,000.00
Milk, Dried	204,167,000	lbs.	26,541,710.00
Oats	13,250,000	bu.	10,997,500.00
Mexican Meat	34,691,585	lbs.	9,832,679.39
Dried Prunes and Raisins	36,036,330	lbs.	3,646,226.68
Cheese	16,250,000	lbs.	5,525,000.00
Rice	431,000	cwt.	2,439,460.00
Soybeans	580,000	bu.	1,450,000.00
Rye	850,000	bu.	1,351,500.00

The Vice President summarizes those figures
Speaking at Chicago on August 18,1949, Vice President Barkley said that "the Democrats have done more in 17 years for the farmers than ever was done before by any party."
In his campaign speeches in 1948 President Truman

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appealed directly to agriculturists to remember what had been done for them by his administration. They did.

Government of that sort must be put at end through a return by the States to the exercise of their police power and to the constitutional appointment of presidential electors.

Thanks to the fine folks over at Barefoot's world.  

http://www.barefootsworld.net/

Kalmar Nyckel Seen From The Gloucester Point Beach, Was In Yorktown This Weekend

Sunday, June 14th, 2009. The Kalmar Nyckel could be seen from the Gloucester Point beach over the weekend as this Delaware Tall Ship was giving 3 hour cruises twice a day. This ship is a replica from 1625. She is a Dutch 200 tonne Pinnace ship. It is said that the history of the Kalmar Nyckel rivals that of the Mayflower, bringing 24 settlers to the new world in 1638, to found the new area called "New Sweden", now known as Wilmington, Delaware and having made 3 more successful round trips bringing more settlers of German, Dutch, Finnish and Swedish backgrounds.

All ticket purchases for the 3 hour tour go to the upkeep of the ship. The ship is owned by the Kalmar Nyckel Foundation which is a non profit foundation. Donations are always welcome. To visit their site, please CLICK HERE. We had the opportunity to meet the Captain and the crew and were granted rare access to photograph the inside of this ship. We will be putting up a web site soon to show you the incredible shots we got. The staff were all helpful and provided us with a great amount of information and history. It was a true honor to have been aboard this ship. Their next event in the general area is going to be in Norfolk during Harbor Fest. July 3rd, 4th and 5th. We would highly recommend the trip to see this boat and to set sail with her.

Day time cruises are with pirates, ARGH! Night time cruises are more reserved sunset cruises. It's a once in a life time experience that you will never forget.