COMMISSION ACTIONS October 28, 2025

** APPROVAL OF AGENDA. THE COMMISSION VOTED TO APPROVE THE AGENDA 5 TO 0 WITH ASSOCIATE COMMISSIONER PRESTON ABSTAINING.

1. MINUTES of previous meeting. THE COMMISSION VOTED TO APPROVE THE MINUTES FROM THE SEPTEMBER COMMISSION MEETING 5 TO 0 WITH ASSOCIATE COMMISSIONER PRESTON ABSTAINING.

2. PERMITS (Projects over $1,000,000 with no objections and with staff recommendation for approval). THE COMMISSION VOTED TO APPROVE ITEMS 2A THROUGH 2C UNANIMOUSLY.

3. CONSENT AGENDA ITEMS. NONE.

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

5. RECOMMENDATION Funding requests from the Recreational and Commercial License Funds. THE COMMISSION VOTED UNANIMOUSLY TO FUND THIRTEEN PROPOSED PROJECTS, TOTALING $524,275 FROM THE VIRGINIA SALTWATER RECREATIONAL FISHING DEVELOPMENT FUND, AND THREE PROPOSED PROJECTS, TOTALING $145,794 FROM THE MARINE FISHING IMPROVEMENT FUND.

6. VIRGINIA INSTITUTE OF MARINE SCIENCE, VMRC #25-2014 requests authorization to construct a 110-foot long stone spur, a 135-foot long stone breakwater, and place clean sand backfill and native wetland plantings along the York River shoreline at Tax Map Parcels #51A(8)-13 and #51A(8)-12 on Spencer Road in Gloucester County. The project is protested by an adjacent property owner. THE COMMISSION VOTED TO APPROVE THE PROJECT AS PROPOSED BY A VOTE OF 5 TO 0 WITH ASSOCIATE COMMISSIONERS KELLUM AND WHITE ABSTAINING.

7. LIN JOU PEI, VMRC #25-1857 requests authorization to construct a 48-foot by 24-foot open-sided boathouse at an existing private pier adjacent to 9437 Ferry Landing Drive, situated along Dogue Creek in Fairfax County. The project is protested by an adjacent property owner. THE COMMISSION VOTED TO APPROVE THE PROJECT AS PROPOSED UNANIMOUSLY.

8. WESTBAY HOMEOWNERS ASSOCIATION, VMRC #25-1429 requests authorization to install eight (8) brackets, secured outboard of the existing pier deck, to support four (4) kayaks at the Association's Pier #1, situated along Bells Creek at the terminus of West Bay Drive in Northumberland County. The project is protested by four (4) members of the Association. THE COMMISSION VOTED TO APPROVE THE PROJECT AS PROPOSED BY A VOTE OF 5 TO 2 WITH ASSOCIATE COMMISSIONERS WHITE AND BRANSOM OPPOSED.

9. PUBLIC COMMENTS David Parker, waterman, asked how he could become eligible for a commercial shrimp permit. Mr. Parker had previously applied for the shrimp permit lottery but was not selected. The Commissioner advised him to speak to Chief Kenyon about asking FMAC about increasing the number of licenses.

10. PUBLIC HEARING The Commission proposes to amend Chapter 4VAC20-720, "Pertaining to Restrictions on Oyster Harvest" to establish the 2025-2026 areas of public harvest, public oyster harvest seasons, oyster resource conservation measures, and an oyster user fee transfer exception. THE COMMISSION ADOPTED REGULATORY CHANGES FROM THE SEPTEMBER EMERGENCY REGULATION AS WELL AS REGULATORY AMENDMENTS AS PRESENTED BY A VOTE OF 6-1.

11. PUBLIC HEARING The Commission proposes to amend Chapter 4VAC20-650, "Establishment of Oyster Sanctuary Areas" to make non-substantive administrative language updates. THE COMMISSION ADOPTED REGULATORY AMENDMENTS AS PRESENTED BY A VOTE OF 6-1.

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A. VIRGINIA ELECTRIC & POWER COMPANY, VMRC #25-0465 requests authorization to hydraulically dredge 219,515 cubic yards of state-owned submerged lands, on an as needed basis, in an effort to establish a 6,243-foot long by 120-foot wide by 11-foot deep (mean low water) channel within the James River to access the facility's intake basin located at 5570 Hog Island Road in Surry County. Dredged material will be pumped via a temporary pipeline (previously approved under VMRC permit #19-1433) up Lawnes Creek to an existing and approved disposal site in Surry County. Staff recommends approval with our standard dredging conditions and the following time-of-year-restrictions: February 15 – June 30 to protect native and migrating fishes, July 1 – September 30 to protect shellfish, and August 1 - November 15 to protect Atlantic Sturgeon (unless a written waiver is provided by the Department of Wildlife Resources). Staff also recommends approval with a royalty of $131,709.00 for the dredging of 219,515 cubic yards at a rate $0.60 per cubic yard. This proposal requires a VMRC Subaqueous permit. THE COMMISSION VOTED TO APPROVE THE PROJECT AS PROPOSED BY A UNANIMOUS VOTE.

B. RAPPAHANNOCK RIVER RUN BLUFFS OWNERS ASSOCIATION, VMRC #25-1856 requests authorization to retain and repair an existing 90-foot stone groin and to construct a 32-foot landward extension of the stone groin adjacent to 1646 Mark Haven Beach Road, situated along the Rappahannock River in Essex County. This project requires a VMRC Wetlands and Subaqueous permit. THE COMMISSION VOTED TO APPROVE THE PROJECT AS PROPOSED BY A UNANIMOUS VOTE.

C. CITY OF PORTSMOUTH, VMRC #25-1557 requests authorization to construct a 99-foot wide by 205-foot long open-pile bridge over a 112-foot wide section of Paradise Creek, and to relocate an existing power line over a 120-foot section of Paradise Creek, a minimum of 35 feet above mean high water, adjacent to Victory Boulevard as part of the Paradise Creek Bridge Replacement Project in Portsmouth. This project requires a VMRC Subaqueous permit. THE COMMISSION VOTED TO APPROVE THE PROJECT AS PROPOSED BY A UNANIMOUS VOTE.