COMMISSION ACTIONS October 22, 2019

** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS AMENDED TO REFLECT THE REMOVAL OF ITEM 8. [audio]

1. MINUTES of previous meeting. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE MINUTES AS PRESENTED. [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECTS AS RECOMMENDED BY STAFF. [audio]

3. CONSENT AGENDA ITEMS. NONE [audio]

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

5. LICENSE STATUS REVIEW: THE COMMISSION HEARD 2 CASES OF LICENSE STATUS REVIEWS. [audio]

6. JAMES CITY COUNTY STORMWATER DIVISION, #19-0799 Requests authorization to construct a living shoreline consisting of 1,446 linear feet of rock sill, 1,488 cubic yards of sand fill, 16,117 square feet of marsh planting, 267 linear feet of coir log, and 162 linear feet of riprap revetment at Chickahominy Riverfront Park along the Chickahominy River and Gordon Creek in James City County. The applicant has not agreed to the recommended time-of-year restriction for the protection of anadromous fish. THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT WITH AN ALLOWABLE INSTREAM CONSTRUCTION WINDOW OF SEPTEMBER 15 THROUGH FEBRUARY 15 OF ANY GIVEN YEAR, NO INSTREAM WORK MAY OCCUR FROM FEBRUARY 16 THROUGH SEPTEMBER 14 OF ANY GIVEN YEAR. [audio]

7. CATHERINE ROTHMAN, ET AL, #16-0937 Requests authorization to mechanically dredge approximately 659 cubic yards of material from State-owned submerged lands for the development of 11 private boat basins adjacent to a City-dredged channel, and subsequent maintenance dredging, to achieve a maximum depth of -3.5 feet at mean low water, along a tributary to the Lafayette River, parallel with Regent Road in the City of Norfolk. The project is protested by a nearby neighbor. THE COMMISSION VOTED 7 TO 1 TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF. ASSOCIATE COMMISSIONER EVERETTE VOTED NAY. [audio]

8. BENJAMIN W. MEARS III, Oyster Planting Ground Application #2018-039 Requests authorization to lease 19.90 acres of oyster planting ground in Mattawoman Creek in Northampton County. The project is protested by nearby property owners. THIS ITEM WAS PULLED FROM THE AGENDA AT THE REQUEST OF THE APPLICANT.

9. CHARLES A. DEMARINO, Oyster Planting Ground Application #2017-086 Requests authorization to lease 149.29 acres of oyster planting ground in South Bay in Northampton County. The project is protested by two watermen. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE APPLICANT'S REQUEST TO LEASE 149.29 ACRES OF OYSTER PLANTING GROUND IN SOUTH BAY. [audio]

10. JULIE ANN SEAFOOD COMPANY, Oyster Planting Ground Application #2016-134 Requests authorization to lease approximately 12 acres within Stoakes Creek in Mathews County. The application is protested by an adjacent leaseholder. THE COMMISSION VOTED UNANIMOUSLY TO DENY THE APPLICATION. [audio]

11. ANTHONY W. MARTIN, SR., Oyster Planting Ground Application #2016-161 Requests authorization to lease approximately 95 acres within Back River in the City of Hampton. The application is protested by the U.S. Army Corps of Engineers and a nearby property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT PER STAFF'S RECOMMENDATION. [audio]

12. PUBLIC COMMENTS Chris Ludford, commercial fisherman, asked the commission to consider allowing a bycatch fishery for speckled trout after the commercial season closes. The season closed October 16, 2019 and speckled trout are still available. Mr. Ludford said some open fisheries, including spot, are continuing to catch speckled trout in their nets and a bycatch fishery would prevent waste of dead discards while increasing the value of trips where bycatch could be sold. He said he would approach the Finfish Management Advisory Committee as well [audio]

13. PUBLIC HEARING PUBLIC HEARING: Proposal to establish the emergency amendment as a permanent part of regulation to Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia", to establish a closure of the commercial cobia season effective October 1, 2019. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO PERMANENTLY ADOPT EMERGENCY AMENDMENTS TO CHAPTER 4 VAC 20-510-10 ET SEQ., "PERTAINING TO AMBERJACK AND COBIA," THAT ESTABLISH A CLOSURE OF THE COMMERCIAL COBIA FISHERY ON OCTOBER 1, 2019. [audio]

14. REQUEST FOR AN EMERGENCY AMENDMENT Emergency request to amend Chapter 4 VAC 20-910-10 et seq., "Pertaining to Scup (Porgy)", to decrease the trip limit from 28,500 pounds to 27,000 pounds for the commercial Winter II period fishery of October 1 through December 31. THE COMMISSION UNANIMOUSLY APPROVED THE STAFF RECOMMENDATION TO ADOPT EMERGENCY AMENDMENTS TO CHAPTER 4 VAC 20-910-10 ET SEQ., "PERTAINING TO SCUP (PORGY)," TO DECREASE THE TRIP LIMIT FROM 28,500 POUNDS PER TRIP TO 27,000 POUNDS PER TRIP FOR THE COMMERCIAL WINTER II PERIOD FISHERY OF OCTOBER 1 THROUGH DECEMBER 31, AND TO ADVERTISE THESE EMERGENCY AMENDMENTS AS PART OF A NOVEMBER 2019 PUBLIC HEARING TO INCORPORATE THE AMENDMENTS AS PART OF PERMANENT REGULATION. [audio]

15. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks," to increase the minimum recreational size limit for Atlantic shortfin mako sharks. THE COMMISSION APPROVED THE STAFF RECOMMENDATION, WITH A 5-2 VOTE, TO AMEND IN CHAPTER 4 VAC 20-490-10 ET SEQ., "PERTAINING TO SHARKS," THE RECREATIONAL MINIMUM SIZE LIMITS FOR SHORTFIN MAKO SHARKS TO AN 83-INCH STRAIGHT LINE FORK LENGTH FOR FEMALES AND A 71-INCH STRAIGHT LINE FORK LENGTH FOR MALES. [audio]

16. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-960-10 et seq., "Pertaining to Tautog", to establish a commercial tautog permit and ASMFC mandated tagging system. THE COMMISSION UNANIMOUSLY APPROVED AMENDING CHAPTER 4VAC20-960-10 ET SEQ., "PERTAINING TO TAUTOG," TO ESTABLISH A TAUTOG COMMERCIAL PERMIT AND ASMFC MANDATED TAGGING SYSTEM. [audio]

17. RECOMMENDATION From the Recreational Fishing Advisory Board on funding projects from the VSRFDF. THE COMMISSION VOTED UNANIMOUSLY TO FUND 13 PROJECTS, AND THE ADDITIONAL TRAVEL ALLOTMENT FOR THE ADVISORY BOARD, FOR EXPENDITURES TOTALING $529,426, FROM THE RECREATIONAL LICENSE FUND (VSRFDF), AND $88,502 FROM THE MARINE FISHING IMPROVEMENT FUND (MFIF). [audio]

18. REQUEST FOR PUBLIC HEARING Proposal to establish Chapter 4 VAC 20-1360-10 et seq., "Pertaining to Commercial Electrofishing", to create a commercial electrofishing license and fishery. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE A DECEMBER PUBLIC HEARING FOR ESTABLISHING CHAPTER 4 VAC 20-1360-10 ET SEQ., "PERTAINING TO COMMERCIAL ELECTROFISHING", TO CREATE A COMMERCIAL ELECTROFISHING LICENSE AND FISHERY. [audio]

19. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass", to establish the 2020 striped bass commercial quota for the Chesapeake Bay and Coastal areas and implement a 28" commercial maximum size limit in the Chesapeake Bay area from March 15 through June 15. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE A NOVEMBER PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-252-10 ET SEQ., "PERTAINING TO THE TAKING OF STRIPED BASS," TO ESTABLISH THE 2020 STRIPED BASS COMMERCIAL QUOTA FOR THE CHESAPEAKE BAY AND COASTAL AREAS AND IMPLEMENT A 28" COMMERCIAL MAXIMUM SIZE LIMIT IN THE CHESAPEAKE BAY AREA FROM MARCH 15 THROUGH JUNE 15. [audio]

PAGE 2 ITEMS [audio]

A. VIRGINIA ELECTRIC AND POWER COMPANY, #19-1173 Requests authorization to remove and replace (2) two overhead electric circuit transmission lines above two (2) sections of the Jackson River, and one section each of Harmon Run and Karnes Creek, and to install a temporary construction access bridge across the Jackson River, approximately 700 feet downriver of the I-64 crossing, in Alleghany County. Staff recommends approval with a royalty in the amount of $2,520.00 for encroachment over 840 linear feet of State-owned submerged lands at a rate of $3.00 per linear foot. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT PER STAFF'S RECOMMENDATION.

B. CITY OF VIRGINIA BEACH, #19-1405 Requests authorization to hydraulically dredge approximately 350,000 cubic yards of beach-quality sand from State-owned submerged bottomlands to a maximum depth of -20 feet mean low water from an area designated as the "Chesapeake Beach Shoal Borrow Area," directly adjacent to the eastern side of the Chesapeake Bay Bridge Tunnel within the Chesapeake Bay that was previously approved for the existing Chesapeake Beach nourishment project. The dredged material will be hydraulically pumped to Ocean Park Beach in Virginia Beach and used to nourish approximately 6,000 linear feet of the existing shoreline between Rookery Way to the west and the Lynnhaven Inlet to the east. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT PER STAFF'S RECOMMENDATION.