COMMISSION ACTIONS April 21, 2026

** APPROVAL OF AGENDA. THE AGENDA WAS UNANIMOUSLY APPROVED AS PRESENTED.

1. MINUTES of previous meeting. THE MINUTES FROM THE MARCH MEETING WERE UNANIMOUSLY APPROVED AS PRESENTED.

2. CONSENT AGENDA ITEMS. NONE.

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

4. PUBLIC COMMENTS Ms. Ash addressed the Commission to ask for a waiver to allow her to retain a float-on dock for her vessel at the Dockside Condominiums private access marina in Gloucester County. This request was made in light of a Commission order at the March meeting where all unauthorized structures, including her float-on dock, were to be removed per a Notice Comply issued to the Dockside Condo Owners Association for deviations to a permit issued by the Commission for the reconstruction of the private access marina. The Commissioner stated that this request would be heard at the May Commission meeting during a public hearing.

5. PETITION FOR RULEMAKING Petitioner Ms. Tanya O'Connor requests the following: 1.Grant this petition by adopting a temporary moratorium on purse-seine reduction fishing for menhaden within the Chesapeake Bay and initiating rulemaking to amend 4VAC 20-1270-35. 2. Maintain the moratorium until VMRC has affirmatively demonstrated, on the administrative record, compliance with all applicable statutory and public trust obligations. THE COMMISSION VOTED 6-2 TO DENY THE PETITION.

6. DISCUSSION Waterway Maintenance Fund Applications. THE COMMISSION VOTED TO FUND 6-0-1 EASTERN SHORE WORK FOR $1,000,000 AND MIDDLE PENINSULA FOR $500,000.

7. PERMITS (Projects over $1,000,000 with no objections and with staff recommendation for approval). THE COMMISSION APPROVED ITEMS 2A AND 2B UNANIMOUSLY.

8. ROBBINS MARITIME, INC., VMRC #2025-1590, requests authorization to construct and backfill 66 linear feet of steel bulkhead a maximum of 10 feet channelward of the existing structure, and to install 13 mooring dolphins adjacent to 914 Pearl Street, situated along the Elizabeth River in the City of Norfolk. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY A VOTE OF 6 TO 1 WITH ASSOCIATE COMMISSIONER HEADLEY VOTING AGAINST.

9. JAMES MISHLER, VMRC #2025-2275, requests authorization to construct a 17-foot by 36-foot open-sided boathouse onto an existing statutorily authorized private pier situated along College Creek at 110A Archers Hope Drive in James City County. This project is protested by an adjacent property owner. THE COMMISSION APPROVED THE PROJECT AS PROPOSED UNANIMOUSLY.

10. PUBLIC HEARING Proposed amendments to Chapter 4 VAC 20-950, "Pertaining to Black Sea Bass" to establish the recreational management measures for black sea bass, including a minimum size limit of no less than 12.5 inches, and amend the annual commercial quota determination. THE COMMISSION VOTED UNANIMOUSLY TO SET THE MANAGEMENT MEASURES FOR THE 2026 REGULAR RECREATIONAL SEASON AS MAY 1 TO DECEMBER 31 WITH A 13" MINIMUM SIZE LIMIT AND 15 FISH BAG LIMIT AND FOR THE 2027 REGULAR RECREATIONAL SEASON AS APRIL 1 TO DECEMBER 31 WITH A 13" MINIMUM SIZE LIMIT AND 15 FISH BAG LIMIT. THE COMMISSION VOTED UNANIMOUSLY TO CLOSE THE 2026 RECREATIONAL SEASON FROM MAY 1 TO MAY 10 TO PAY BACK THE FEBRUARY 2026 LANDINGS. THE COMMISSION VOTED UNANIMOUSLY TO AMEND THE ANNUAL COMMERCIAL QUOTA DETERMINATION.

11. License Status Request THE COMMISSION VOTED UNANIMOUSLY TO GRANT AN EXCEPTION TO THE TWO YEAR DELAY TO REESTABLISH JENNIFER HUME'S COMMERCIAL FISHERMAN REGISTRATION LICENSE AND RETURN HER STRIPED BASS BAY QUOTA AND PERMIT. THE COMMISSION DECLINED TO MAKE A MOTION ON DAVID BLEEKER'S REQUEST.

PAGE 2 ITEMS

2A. SKANSKA USA, VMRC #2025-2462, requests authorization to install and backfill a 228 linear-foot steel bulkhead, a maximum of two feet channelward of the existing structure, replace five (5) existing mooring dolphins, and to mechanically dredge up to 84 cubic yards of state-owned submerged lands to maximum depths of minus seven (-7) feet mean low water from the Southern Branch of the Elizabeth River adjacent to their commercial facility at 123 Sampson Creek Road in the city of Chesapeake. Dredged material will be offloaded on-site and transported via truck to the Dominion Recycling Center. Staff recommends approval including a royalty of $2,280.00 for the fill of 456 square feet of state-owned submerged lands at a rate of $5.00 / square foot, $50.40 for the dredging of 84 cubic yards of submerged material at a rate of $0.60 / cubic yard, and $69,862.00 for the encroachment of 34,931 square feet of state-owned submerged lands at a rate of $2.00 / square foot. This project requires a Subaqueous permit. THE COMMISSION APPROVED THE PROJECT UNANIMOUSLY.

2B. UPPER BRANDON FARM, LLC, #2025-1537, requests authorization to construct an 8-foot wide by 307-foot long multi-user, open-pile pier; and to construct 610 linear feet of living shoreline consisting of three 25-foot wide riprap breakwaters (totaling 530 linear feet), a 215-foot long backshore riprap revetment, sand nourishment and wetlands plantings, and channelward extensions of an existing 15-inch pond overflow pipe and an 8-inch dry hydrant intake pipe - adjacent to 1802 Upper Brandon Road, situated along the James River in Prince George County. This project requires a Tidal Wetlands permit. THE COMMISSION APPROVED THE PROJECT UNANIMOUSLY.