COMMISSION ACTIONS May 22, 2018

** APPROVAL OF AGENDA. APPROVED AS SUBMITTED 8 TO 0 WITH ONE ABSTENTION BY ASSOCIATE COMMISSIONER FRANCE. [audio]

1. MINUTES of previous meeting. APPROVED AS SUBMITTED 8 TO 0 WITH ONE ABSTENTION BY ASSOCIATE COMMISSIONER MINOR. [audio]

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

3. CONSENT AGENDA ITEMS. UNANIMOUSLY APPROVED ITEM 3A AS RECOMMENDED BY STAFF. [audio]

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

5. SIMS METAL MANAGEMENT, #18-0218 requests authorization to install 360 linear feet of quarry stone riprap along a man-made waterway off the Southern Branch Elizabeth River at the Sims Metal Management Facility at 4300 Buell Street, in Chesapeake. The project requires a wetlands permit. UNANIMOUSLY APPROVED AS SUBMITTED. [audio]

6. DEREK OWENS, #17-1586 Requests authorization to replace an existing boathouse and appurtenant decking and finger piers, on a 5-foot wide open pile private pier with a 12-foot by 10-foot L-head, with a 37-foot by 62-foot enclosed boathouse, 94 linear feet of 5-foot wide finger pier, 57 linear feet of 4-foot wide finger pier, and a 10-foot by 37-foot exterior deck along Free School Creek at 4442 School House Road in Gloucester County. The project is protested by an adjacent property owner. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION. [audio]

7. RAPPAHANNOCK OYSTER CO., #17-1881 Requests authorization to place up to 34,560 SEAPA aquaculture baskets suspended between 8,928 composite poles, with 84,521 linear feet of monofilament line over their existing oyster planting ground lease within the Rappahannock River near Locklies Creek in Middlesex County. The applicant is also requesting authorization for two (2) alternative methods, the first using rebar racks with SEAPA baskets, with up to 69,120 storm breaker clips, 4,320 #5 rebar racks, and ten (10) perimeter/corner marker buoys. The second alternative method would use floating cages, referred to as Oyster Gro Systems consisting of 28,000 feet of (X-lene) ¾ inch rope, 2,160 Oyster Gro floats, 288 anchors, 288 end line marker buoys and ten (10) perimeter/corner marker buoys. The application is protested by numerous local property owners. THE PROJECT WAS DENIED ON A VOTE OF 5 TO 2 WITH 1 ABSTENTION. ASSOCIATE COMMISSIONERS LUSK AND TANKARD DID NOT SUPPORT THE MOTION TO DENY. ASSOCIATE COMMISSIONER EVERETT ABSTAINED. ASSOCIATE COMMISSIONER BALLARD RECUSED HIMSELF FROM THE CASE. [audio]

8. HARRY L. BOWEN, JR., Oyster Planting Ground Application #2016-038 Requests authorization to lease 30 acres of oyster planting ground in Occohannock Creek in Northampton County. The project area has submerged aquatic vegetation (SAV). THE PROJECT WAS APPROVED AS MODIFIED ON A VOTE OF 5 TO 4. STAFF WAS DIRECTED TO WORK WITH VIMS AND THE APPLICANT TO IDENTIFY AND STAKE AN AREA INSHORE VOID OF DENSE SAV COVERAGE BUT COULD CONTAIN AREAS OF LIGHT SAV COVERAGE. [audio]

9. HARRY L. BOWEN, JR., Oyster Planting Ground Application #2016-276 Requests authorization to lease 20 acres of oyster planting ground in Occohannock Creek in Northampton County. The project area has submerged aquatic vegetation (SAV). THE PROJECT WAS APPROVED AS MODIFIED ON A VOTE OF 5 TO 4. STAFF WAS DIRECTED TO WORK WITH VIMS AND THE APPLICANT TO IDENTIFY AND STAKE AN AREA INSHORE VOID OF DENSE SAV COVERAGE BUT COULD CONTAIN AREAS OF LIGHT SAV COVERAGE. [audio]

10. HARRY L. BOWEN, JR., Oyster Planting Ground Application #2017-063 Requests authorization to lease ten (10) acres of oyster planting ground in Occohannock Creek in Northampton County. The project area has submerged aquatic vegetation (SAV). THE PROJECT WAS APPROVED AS MODIFIED ON A VOTE OF 5 TO 4. STAFF WAS DIRECTED TO WORK WITH VIMS AND THE APPLICANT TO IDENTIFY AND STAKE AN AREA INSHORE VOID OF DENSE SAV COVERAGE BUT COULD CONTAIN AREAS OF LIGHT SAV COVERAGE. [audio]

11. PUBLIC HEARING Petition Proposal to the Marine Resources Commission to Designate an Area as Public Clam Grounds within the Poquoson River in the City of Poquoson. UNANIMOUSLY APPROVED PER STAFF'S RECOMMENDATION. [audio]

12. PUBLIC COMMENTS Mr. Harry Bowen addressed the Commission on the issue of aquaculture leases. He expressed his concern about getting unused leases back and that lease holders should have their leases taken away if they do not do mandatory reporting. Mr. Steve Corneliussen addressed the Commission to make a brief comment about how aquaculture in Virginia is operating with 19th century processes for a 21st century fishery. There was a request made in writing by Mr. Arthur Elliott requesting his CFRL through the exception to the two-year delay process. Fisheries Chief Robert O'Reilly gave a presentation of Mr. Elliott's VMRC history to the Commission, as he was seeking an exemption from the licensing requirements for commercial fisheries for the third time this year. The Commission decided to take no action. [audio]

13. LICENSE STATUS REVIEW: THE COMMISSION HEARD 1 CASES OF LICENSE STATUS REVIEWS. [audio]

14. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to establish the 2018 recreational fishery management measures. The 2017 recreational black sea bass fishery was managed by a 12 ½-inch minimum size limit, total length, a 15-fish possession and open season from May 15 - September 21 and through October 22 - December 31. THE COMMISSION UNANIMOULSY APPROVED STAFF RECOMMENDATION TO CHANGE TO THE RECREATIONAL BLACK SEA BASS FISHING SEASON FOR 2018 TO ESTABLISH THE AMENDMENTS IN CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS." [audio]

15. RECOMMENDATION Recommendations from the Commercial Fishing Advisory Board. THE COMMISSION UNANIMOUSLY APPROVED FUNDING BOTH PROJECTS TOTALING $45,970 FROM THE MARINE FISHING IMPROVEMENT FUND (MFIF). [audio]

16. DISCUSSION Results from the December 2017 through March 2018 Bay-wide Winter Dredge Study for blue crab. THE DEPUTY CHIEF OF FISHERIES, PAT GEER, PRESENTED INFORMATION TO BE USED FOR ANY CHANGES TO BLUE CRAB REGULATIONS THAT MAY BE CONSIDERED FOR ADVERTISEMENT BY THE COMMISSION FOR ITS JUNE PUBLIC HEARING. THE CBSAC WORKGROUP RECOMMENDS NO CHANGES AT THIS TIME. [audio]

17. DISCUSSION Proposal to amend Chapters 4 VAC 20-240-10 et seq., "Pertaining to Tangier Island Crab Scrape Sanctuary;" 4 VAC 20-270-10 et seq., and "Pertaining to Crabbing;" Chapter 4 VAC 20-752-10 et seq., "Pertaining to Blue Crab Sanctuary;" and Chapter 4 VAC 20-1140-10 et seq., "Prohibition of Crab Dredging in Virginia Waters." THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE AMENDMENTS TO THE FOLLOWING REGULATIONS WITH ONE ADDITION: 1) CHAPTER 4 VAC 20-1140-10 ET SEQ., "PROHIBITION OF CRAB DREDGING IN VIRGINIA WATERS," STAFF RECOMMENDS THE COMMISSION ADVERTISE A CLOSURE OF THE WINTER CRAB THE AMENDMENTS WILL ESTABLISH A PROHIBITION OF A CRAB DREDGE SEASON DURING THE DECEMBER 1, 2018 THROUGH MARCH 31, 2019 PERIOD. 2) CHAPTER 4 VAC 20-752-10 ET SEQ., "PERTAINING TO THE BLUE CRAB SANCTUARY," STAFF RECOMMENDS THE COMMISSION APPROVE ADVERTISING A PUBLIC HEARING TO REVIEW PROPOSALS THAT WOULD ALLOW A PORTION OF AREA 3 AND AREA 4 OF THE BLUE CRAB SANCTUARY TO REMAIN OPEN TO COMMERCIAL FISHING DURING MAY 16 THROUGH SEPTEMBER 15. THE COMMISSION ALSO ASKED FOR THE ADDITION OF WORDING TO ADDRESS CONSERVATION EQUIVALENCY MEASURES. 3) CHAPTER 4 VAC 20-270-10 ET SEQ., "PERTAINING TO CRABBING," STAFF RECOMMENDS THE COMMISSION APPROVE ADVERTISING THE NEEDED CHANGES IN DATES, AS SHOWN ABOVE. IN ADDITION, STAFF REQUESTS THE COMMISSION APPROVE ADVERTISING A CRAB HARVEST MEASURE AS A STANDARD U.S. BUSHEL. 4) 4 VAC 20-240-10 ET SEQ., "PERTAINING TO TANGIER ISLAND CRAB SCRAPE SANCTUARY," STAFF RECOMMENDS THE COMMISSION APPROVE ADVERTISING A SEASONAL BY-CATCH ALLOWANCE OF FEMALE HARD CRABS NOT TO EXCEED 3 BUSHELS FOR CRAB SCRAPE LICENSEES DURING THE MONTHS OF AUGUST THROUGH OCTOBER. [audio]

18. DISCUSSION Proposal to amend Chapter 4 VAC 20-450-10 et seq., "Pertaining to the Taking of Bluefish," to establish the 2018 Virginia commercial bluefish quota. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE THE 2018 COMMERCIAL BLUEFISH QUOTA FOR A JUNE PUBLIC HEARING. [audio]

PAGE 2 ITEMS [audio]

A. DOMINION ENERGY, #18-0142 Requests authorization to install a submarine telecommunication cable under 19,540 linear feet at the entrance to Hampton Roads east of the Hampton Roads Bridge Tunnel using jet-assisted plow methodology, and horizontal directional drilling from upland areas in the City of Hampton near the intersection of Downes Street and South Willard Drive extending approximately 225 feet channelward of mean high water, and in the City of Norfolk at the Dominion Power Substation located near Chela Avenue, extending 140 feet channelward of mean high water. Staff recommends approval of the project with a royalty of $58,620.00 for the encroachment under 19,540 linear feet of State-owned subaqueous bottom at a rate of $3.00 per linear foot, and a special permit condition for the adherence to the Frac-out Contingency Plan submitted by the applicant. UNANIMOUSLY APPROVED PER STAFF'S RECOMMENDATION.

B. VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS, #17-1803 Requests authorization to install and backfill 2,080 linear feet of steel sheet bulkhead a maximum of one-foot channelward of the failing structure; and to install 105 linear feet of riprap, the toe of which may be installed a maximum of five feet channelward of the new bulkhead adjacent to the southern side of Buccaneer Road, situated along Long Creek in Virginia Beach. UNANIMOUSLY APPROVED PER STAFF'S RECOMMENDATION.

PAGE 3 ITEMS [audio]

A. MATT CURRY, #12-1231 Requests after-the-fact authorization to retain an additional 224 square foot of roof encroachment associated with a previously permitted 700 square foot, open-sided, dual-slip boathouse adjacent to his property situated along Aquia Creek at 111 Woodrow Drive in Stafford County. The applicant has agreed to a $1,000.00 civil charge and triple permit fees of $75.00 in lieu of further enforcement action. UNANIMOUSLY APPROVED PER STAFF'S RECOMMENDATION.