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COMMISSION ACTIONS September 26, 2017

** APPROVAL OF AGENDA. UNANIMOUSLY APPROVED WITH THE ADDITION OF ITEM 16 TO SELECT A DATE FOR THE COMBINED NOVEMBER AND DECEMBER MEETING. [audio]

1. MINUTES of previous meeting. UNANIMOUSLY APPROVED AS WRITTEN [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). UNANIMOUSLY APPROVED ITEMS 2A AND 2B PER STAFF RECOMMENDATION. [audio]

3. CONSENT AGENDA ITEMS. UNANIMOUSLY APPROVED ITEM 3A PER STAFF RECOMMENDATION. [audio]

4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. NONE [audio]

5. BRETT G. WAYMAN, Oyster Planting Ground Application #2016-005 Requests authorization to lease approximately 60 acres of oyster planting grounds within Purtan Creek, a tributary to the York River in Gloucester County. The application is protested by an adjacent property owner and leaseholder and the National Park Service. APPROVED PROCEEDING WITH THE LEASING OF APPROXIMATELY 10.5 ACRES OF THE REQUEST AND DENIAL OF THE REMAINDER OF THE LEASE REQUEST BY A VOTE OF 6-2 WITH COMMISSIONER BULL AND ASSOCIATE COMMISSIONER ZYDRON OPPOSED. [audio]

6. ROBERT F. RIPLEY, JR., Oyster Planting Ground Application #2015-026 Requests authorization to lease approximately 37 acres within Purtan Bay in Gloucester County. The application is adjacent to property purchased by the National Park Service from the applicant. UNANIMOUSLY DENIED PER STAFF RECOMMENDATION. [audio]

7. REQUEST FOR COMMISSION CONSIDERATION To set aside from shellfish leasing approximately 41 acres of subaqueous bottomlands for the protection of potential archaeological resources adjacent to highland property known as Werowocomoco, currently owned by the National Park Service in Purtan Bay and Purtan Creek, tributaries to the York River in Gloucester County. UNANIMOUSLY APPROVED DESIGNATING THE AREA AS AN AREA NOT TO BE LEASED. [audio]

8. BRIAN TERRY, Oyster Planting Ground Application #2015-160 Requests authorization to lease 40 acres of Oyster Planting Ground in Craddock Creek, Accomack County. The project area has submerged aquatic vegetation (SAV). UNANIMOUSLY DENIED THE LEASE REQUEST IN ACCORDANCE WITH STAFF RECOMMENDATION. [audio]

9. PUBLIC COMMENTS no public comments taken [audio]

10. OFFENDERS: THE COMMISSION HEARD 7 CASES OF OFFENDERS WITH NATURAL RESOURCE VIOLATIONS. [audio]

11. REQUEST FOR AN EMERGENCY AMENDMENT To amend Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia," to establish a closure date for the commercial Cobia fishery. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT EMERGENCY AMENDMENTS TO CHAPTER 4 VAC 20-510-10 ET SEQ., "PERTAINING TO AMBERJACK AND COBIA," TO ESTABLISH A CLOSURE OF THE COMMERCIAL COBIA FISHERY AND TO ADVERTISE FOR A OCTOBER 2017 PUBLIC HEARING. [audio]

12. REQUEST FOR AN EMERGENCY AMENDMENT To amend Chapter 4 VAC 20-260-10 et seq., "Pertaining to Designation of Seed Areas and Clean Cull Areas," to establish inspection procedures for oysters kept in individual baskets in a vessel. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT EMERGENCY AMENDMENTS AND TO ADVERTISE FOR AN OCTOBER 2017 PUBLIC HEARING FOR CHAPTER 4VAC20-260-10, ET SEQ., "PERTAINING TO DESIGNATION OF SEED AREAS AND CLEAN CULL AREAS", TO ESTABLISH INSPECTION PROCEDURES FOR OYSTERS KEPT IN INDIVIDUAL BASKETS, ESPECIALLY ON THE BOAT. [audio]

13. REQUEST FOR AN EMERGENCY AMENDMENT Proposal to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to establish fall 2017 commercial offshore summer flounder fishery management measures that include a change to the season start date and lower the Virginia landing limit. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT EMERGENCY AMENDMENTS TO CHAPTER 4 VAC 20-620-10 ET SEQ.,"PERTAINING TO SUMMER FLOUNDER," TO MODIFY THE LANDING PERIOD AND TRIP LIMIT. THE COMMISSION ALSO APPROVED ADVERTISING FOR AN OCTOBER 2017 PUBLIC HEARING TO ADOPT THE AMENDMENTS AS A PERMANENT PART OF THE REGULATION. [audio]

14. RECOMMENDATION Recommendations from the Recreational Fishing Advisory Board on proposed project expenditures from the Virginia Saltwater Recreational Fishing Development Fund. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO FUND TEN PROJECTS, AND PARTIALLY FUNDING TWO PROJECTS, FOR EXPENDITURES TOTALING $684,283, FROM THE RECREATIONAL LICENSE FUND (VSRFDF), AND $13,480 FROM THE MARINE FISHING IMPROVEMENT FUND (MFIF). [audio]

15. REQUEST FOR PUBLIC HEARING Proposed amendments to Chapter 4 VAC 20-1120-10 et seq., "Pertaining to Tilefish and Groupers", to set new possession limits and recreational season for blueline tilefish. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR AN OCTOBER 2017 PUBLIC HEARING TO MODIFY THE RECREATIONAL HARVEST AND POSSESSION LIMITS, AND TO ESTABLISH A RECREATIONAL FISHING SEASON. [audio]

16. DISCUSSION To set date for the combined November and December meeting. [audio]

PAGE 2 ITEMS [audio]

A. DEPARTMENT OF THE NAVY, #17-1006 Requests authorization to repair and replace approximately 1,585 linear feet of fender pile system along Pier 8 along Hampton Roads at Naval Station Norfolk in the City of Norfolk. UNANIMOUSLY APPROVED AS PROPOSED

B. MARINE HYDRAULICS INTERNATIONAL, INC., #17-1093 Requests authorization to mechanically maintenance dredge, on an as-needed basis, up to 85,000 cubic yards of State-owned subaqueous material per annual cycle, to restore water depths to -38 feet below mean low water within a 450-foot wide by 1,396-foot long basin on the south side, and a 180-foot by 235-foot basin on the north side of their pier at the Lamberts Point facility located on the Elizabeth River in the City of Norfolk. Material will be barged to the Craney Island Dredged Material Management Area. This is a re-authorization and will replace permit #10-1974. UNANIMOUSLY APPROVED AS PROPOSED

PAGE 3 ITEMS [audio]

A. TANGIER-RAPPAHANNOCK, LLC, #17-0791 Requests after-the-fact authorization to retain two (2) uncovered boatlifts and a 28-foot long by 5-foot wide tending pier and to install two (2) additional uncovered boatlifts and a 28-foot long by 8-foot wide tending pier, adjacent to property situated along Cockrells Creek in Northumberland County. The applicant has agreed to pay a $1,000.00 civil charge and triple permit fees of $75.00, in lieu of further enforcement action. UNANIMOUSLY APPROVED THE AFTER-THE-FACT PROJECT CONTINGENT ON THE APPLICANT'S PAYMENT OF A $1000.00 CIVIL CHARGE AND TRIPLE PERMIT FEES OF $75.00, IN LIEU OF FURTHER ENFORCEMENT ACTION.



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