COMMISSION ACTIONS January 26, 2016

** APPROVAL OF AGENDA. APPROVED [audio]

1. MINUTES of previous meeting. APPROVED [audio]

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

3. CONSENT AGENDA ITEMS. NONE [audio]

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

5. TOMMY GARNER, #12-1423 Requests authorization to install a 5-foot wide open-pile private pier extending 220 feet channelward of mean low water with a 6-foot wide L-head and two mooring piles along Deep Creek and extending from an existing water access easement at 632 Snug Harbor Lane in the City of Newport News. Continued from the March 24, 2015, Commission meeting. UNANIMOUSLY APPROVED AS PROPOSED. [audio]

6. DAVID A. and TAMERA R. ANDERSON, #15-1236 Request authorization to install 105 linear feet of quarry stone riprap revetment in front on an existing, deteriorated timber bulkhead, extending a maximum of 13 feet channelward of mean low water, at property on the Rappahannock River on Brandon Point Road in Middlesex County. The project is protested by an adjacent property owner. UNANIMOUSLY APPROVED CONDITIONED UPON THE USE OF CLASS 3 STONE OR LARGER FOR THE ARMOR LAYER OF THE REVETMENT. [audio]

7. THOMAS JONES, #15-1521 Requests authorization to install a 33-foot by 16-foot open-sided boathouse on a statutorily authorized private pier along the Pagan River at 506 Pagan Road in Isle of Wight County. The project is protested by an adjacent property owner. UNANIMOUSLY APPROVED AS PROPOSED. [audio]

8. CARL SETTERHOLM, #2014-028 and DONNA MELZER, #2014-088 Request authorization to lease oyster planting grounds within the York River downstream of the U. S. Route 17, Coleman Bridge in Gloucester County. Continued from the August 25, 2015, Commission meeting. UNANIMOUSLY APPROVED #2014-028 (SETTERHOLM) CONTINGENT UPON A STUDY OF UNDERWATER HISTORIC RESOURCES ACCEPTABLE TO VMRC STAFF AND DEPARTMENT OF HISTORIC RESOURCES STAFF BEING CONDUCTED AND CONFIRMING THAT THE ISSUANCE OF THE LEASE WOULD NOT ADVERSELY AFFECT VALUABLE HISTORIC RESOURCES WITHIN THE AREA. IF THE STUDY IS NOT CONDUCTED WITHIN TWO YEARS, THE APPLICATION WOULD BE DENIED. UNANIMOUSLY DENIED #2014-088 (MELZER) [audio]

9. PUBLIC COMMENTS THERE WERE NO COMMENTS FROM THE GENERAL PUBLIC AT THE MEETING. ASSOCIATE COMMISSIONER ERSKINE INITIATED A DISCUSSION CONCERNING LEGISLATION PENDING BEFORE THE GENERAL ASSEMBLY TO INSTITUTE MORATORIUM ON THE LEASING OF NEW OYSTER GROUND LEASES FOR A SET PERIOD OF TIME WITHIN THE LYNNHAVEN RIVER SYSTEM IN VIRGINIA BEACH. FOLLOWING THE DISCUSSION, THE COMMISSION VOTED 7-0, WITH COMMISSIONER BULL ABSTAINING, TO INSTITUTE A 7 MONTH TEMPORARY SUSPENSION ON THE LEASING OF OYSTER GROUND WITHIN THE LYNNHAVEN RIVER SYSTEM AND TO CONVENE A STUDY GROUP TO REVIEW AND MAKE RECOMMENDATIONS TO ADDRESS USE CONFLICTS ASSOCIATED WITH THE COMMERCIAL USE OF LEASED OYSTER GROUND AND IMPACTS TO PROPERTIES AND OTHER USES OF THE WATERWAY WITHIN THE HEAVILY UTILIZED LYNNHAVEN RIVER SYSTEM. [audio]

10. OFFENDERS: THE COMMISSION HEARD 8 CASES OF OFFENDERS WITH NATURAL RESOURCE VIOLATIONS. [audio]

11. FAILURE TO REPORT Cases involving failure to report commercial harvests, in accordance with Chapter 4 VAC 20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting." THE COMMISSION HEARD 1 CASES FOR THE FAILURE TO REPORT COMMERCIAL HARVEST TO THE COMMISSION'S MANDATORY HARVEST REPORTING PROGRAM. [audio]

12. PETITIONER Michael Shackelford requests that the Commission reinstate his dogfish permit. REMOVED FROM MEETING AGENDA [audio]

13. PRESENTATION Presentation of Dr. Bob Orth's annual review of the status of Submerged Aquatic Vegetation. DR. BOB ORTH GAVE THE COMMISSION A PRESENTATION ON THE STATUS OF SUBMERGED AQUATIC VEGETATION (SAV). SAV SERVES AS AN INDICATOR TO ASSESS WATER QUALITY AND CLARITY WITHIN THE CHESAPEAKE BAY AND COSTAL AREAS. VIMS AND VMRC COLLABORATE ON SEA SCALLOP RESTORATION AREAS. DR. ORTH EXPLAINED THAT WATER QUALITY AND CLARITY IS KEY TO THE REESTABLISHMENT OF SAV. HE ANTICIPATES BENEFITS WIL ACCRUE FOR SAV AND THEIR ASSOCIATED HABITATS FROM THE NEW STORMWATER REGULATIONS. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE FUNDING REQUEST FOR $22,000. $11.000 OF THE FUNDING IS FROM THE MARINE FISHING IMPROVEMENT FUND AND THE REMAINING $11,000 IS FROM THE VIRGINIA SALTWATER RECREATIONAL FISHING DEVELOPMENT FUND. [audio]

14. PUBLIC HEARING To make permanent emergency amendments to Regulation 4VAC20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," establishing the last harvest month of the James River hand scrape season as January 2016 rather than March 2016. THE COMMISSION UNANIMOUSLY APPROVED THE STAFF RECOMMENDATION TO ADOPT THE EMERGENCY AMENDMENTS TO CHAPTER 4VAC 20-720-10 ET SEQ., "PERTAINING TO RESTRICTIONS ON OYSTER HARVEST," TO CHANGE THE LAST MONTH OF THE OYSTER HAND SCRAPE SEASON FOR THE JAMES RIVER AREA AND THE THOMAS ROCK AREA (JAMES RIVER) FROM THE MONTH OF MARCH TO THE MONTH OF JANUARY, 2016. THE LEGAL HARVEST SEASON WILL BE FROM NOVEMBER 1, 2015 THROUGH JANUARY 31, 2016. [audio]

15. DISCUSSION Report on potential description of fish pot gear. NO DECISION WAS MADE. THIS MATTER WAS REFERRED BACK TO THE FINFISH MANAGEMENT ADVISORY COMMITTEE AND CRAB MANAGEMENT ADVISORY COMMITTEE FOR DISCUSSION. [audio]

16. REQUEST FOR PUBLIC HEARING On proposed amendments to Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks," to modify commercial possession limits for Large Coastal Sharks and adjust the list of commercially permitted and prohibited sharks. THE COMMISSION VOTED IN FAVOR OF HOLDING A PUBLIC HEARING IN FEBRUARY 2016 TO CONSIDER ADOPTION OF REASSIGNING BLACKNOSE TO THE LIST OF COMMERCIALLY PROHIBITED AND THE ADDITION OF CHANGES TO THE POSSESSION LIMIT FOR THE AGGREGATED LARGE COASTAL AND HAMMERHEAD GROUP SHARKS, AS PRESCRIBED BY THE NATIONAL MARINE FISHERIES SERVICE AND ANNOUNCED ON OUR WEBSITE. [audio]

17. REQUEST FOR AN EMERGENCY AMENDMENT To amend Chapter 4 VAC 20-620-10 et seq."Pertaining to Summer Flounder," to modify the dates, landing periods, possession limits and landing limits for summer flounder commercially harvested outside of Virginia waters. THE COMMISSION VOTED TO ADOPT EMERGENCY AMENDMENTS TO CHAPTER 4 VAC 20-620-10 ET SEQ."PERTAINING TO SUMMER FLOUNDER," TO MODIFY THE LANDING DATES, LANDING PERIODS, POSSESSION LIMITS AND LANDING LIMITS FOR SUMMER FLOUNDER COMMERCIALLY HARVESTED OUTSIDE OF VIRGINIA WATERS. THE COMMISSION ALSO RECOMMENDS ADVERTISING FOR A FEBRUARY PUBLIC HEARING TO ADOPT THE AMENDMENTS AS PERMANENT REGULATION. [audio]

PAGE 2 ITEMS [audio]

2A. DEPARTMENT OF THE NAVY, #15-1118 Requests authorization to repair the existing landing craft boat ramp at Joint Expeditionary Base Little Creek, situated along the Chesapeake Bay in Virginia Beach. Approximately 600 linear feet of steel sheet piles will be installed immediately along the channelward side of the existing boat ramp toe and encapsulated within a two-foot wide concrete cap. A temporary sheet pile cofferdam system will be installed a maximum of 30 feet channelward of the boat ramp toe to allow for construction in the dry. APPROVED AS PROPOSED.

2B. CITY OF NORFOLK, #15-1380 Requests authorization to replace and extend six (6) storm water outfalls a maximum of 212 feet channelward of mean low water along the Chesapeake Bay at 12th View Street, 11th View Street, 4th View Street, Elnora Street, Chesapeake Street, and 5th Bay Street to facilitate an Army Corp of Engineers beach nourishment project in the City of Norfolk. APPROVED AS PROPOSED.

2C. DEPARTMENT OF THE NAVY, #15-1384 Requests authorization to construct a 10-foot by 40-foot fixed fuel dock extension, remove and replace the existing Alpha and Bravo marina piers by installing two (2) new floating docks with finger piers, concrete anchor piles and timber fender piles, creating a maximum of 84 boat slips near the intersection of Amphibious Drive and Okinawa Road, situated along Little Creek, within Joint Expeditionary Base Little Creek in Virginia Beach. APPROVED AS PROPOSED.