** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS MODIFIED TO INCLUDE THE ADDITION OF A VIMS PRESENTATION ENTITLED "EVALUATION OF OYSTER AQUACULTURE - SAV INTERACTIONS." [audio]
1. MINUTES of previous meeting. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE MINUTES AS SUBMITTED. [audio]
4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. NONE [NONE]
5. LICENSE STATUS REVIEW: THE COMMISSION HEARD 2 CASES OF LICENSE STATUS REVIEWS. [audio]
6.DAVID L. STEARNS, #19-0188 Commission review on appeal by 38 freeholders of the March 13, 2019, decision of the Norfolk Wetlands Board to approve the construction of 97 linear feet of replacement bulkhead within the same footprint, and to plant 375 square feet of non-vegetated wetlands on sand fill behind 42 linear feet of coir log, along the Lafayette River at 107 West Severn Road in the City of Norfolk. THE COMMISSION VOTED UNANIMOUSLY TO UPHOLD THE MARCH 13, 2019, DECISION OF THE NORFOLK WETLANDS BOARD. [audio]
7.GRAYLEND HORN, #18-1656 Requests authorization to construct two (2) 210-foot long by 19-foot wide (base width) quarry stone breakwaters, two (2) 45-foot long by 16-foot wide (base width) quarry stone spurs, and associated clean sand beach nourishment and wetland plantings to create a living shoreline along 600 feet of shoreline on the Rappahannock River off Pop Castle Road near the Town of White Stone in Lancaster County. The applicant has asked for consideration of mitigation alternatives for compensation of SAV impacts. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS SUBMITTED WITHOUT THE ASSESSMENT OF AN IN LIEU FEE OF $14,189.82 TO COMPENSATE FOR THE LOSS OF 7,095 SQUARE FEET OF SUBMERGED AQUATIC VEGETATION AS RECOMMENDED BY STAFF. [audio]
8.ERNIE STYRON, #18-1076 Requests after-the-fact authorization to retain an existing 17-foot by 10.5-foot enclosed storage structure on an existing private pier along Sterns Creek at 2324 Sterling Point Drive in the City of Portsmouth. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE APPLICATION AS SUBMITTED TO INCLUDE RETENTION OF THE EXISTING PIER AND BOATHOUSE IN ITS PRESENT CONDITION. [audio]
9.DAVID HOLLAND, Oyster Planting Ground Application #2015-173 Requests authorization to lease approximately ten (10) acres within Chisman Creek in York County. The application is protested by a resident who lives along Chisman Creek. THE COMMISSION VOTED 4 TO 3 TO APPROVE THE APPLICATION AS REQUESTED PER STAFF'S RECOMMENDATION. COMMISSIONER BOWMAN AND ASSOCIATE COMMISSIONERS BALLARD AND LUSK VOTED NAY. [audio]
10.JAMES WITHROW, Oyster Planting Ground Application #2016-203 Requests authorization to lease approximately 104 acres within Chisman Creek in York County. The application is protested by numerous residents in the immediate area. The application request also includes a considerable area that is currently classified as restricted for the direct market harvest of shellfish. THE COMMISSION VOTED UNANIMOUSLY TO DENY THE APPLICATION AS REQUESTED. [audio]
11.BECKY Q. FLIBOTTE, Oyster Planting Ground Application #2016-151 Requests authorization to lease approximately 18 acres within Bennett Creek in the City of Poquoson. The application is protested by a nearby resident and leaseholder. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE APPLICATION AS REQUESTED PER STAFF RECOMMENDATION. [audio]
12.REQUEST FOR PUBLIC HEARING Request for a May 28, 2019, Public Hearing for adoption of Chapter 4 VAC 20-1340-10 et seq., to establish and implement a fast-track permitting program and permit application requirements, in order to authorize the selection and use of appropriate sites for disposal of dredge material on State-owned submerged lands for projects in Tidewater Virginia. The regulation is required pursuant to Acts of Assembly 2018, Chapter 449. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF'S REQUEST FOR A PUBLIC HEARING. [audio]
13.PUBLIC COMMENTS No motion was made. The request was therefore denied. [audio]
14.REQUEST FOR AN EMERGENCY AMENDMENT Proposal to amend Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass," to eliminate the Bay, Coastal and Potomac River Tributaries Spring Trophy-size Striped Bass Recreational Fisheries. THE COMMISSION UNANIMOUSLY APPROVED ADOPTING THE EMERGENCY AMENDMENTS TO CHAPTER 4 VAC 20-252-10 ET SEQ. TO ELIMINATE THE SPRING STRIPED BASS TROPHY SEASON AND TO ADVERTISE A MAY PUBLIC HEARING. [audio]
15.PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks," to establish the May 1, 2019 through April 30, 2020 commercial spiny dogfish landings quota as 2,215,484 pounds. The current season quota is 4,123,239 pounds. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE AMENDMENTS TO CHAPTER 4 VAC 20-490-10 ET SEQ., "PERTAINING TO SHARKS," TO ESTABLISH THE MAY 1, 2019 THROUGH APRIL 30, 2020 COMMERCIAL SPINY DOGFISH LANDINGS QUOTA AS 2,215,484 POUNDS. [audio]
16.PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-450-10 et seq., "Pertaining to the Taking of Bluefish," to establish the 2019 Virginia commercial bluefish quota as 915,857 pounds. The 2018 Virginia commercial bluefish quota was 860,518 pounds. THE COMMISSION APPROVED UNANIMOUSLY TO APPROVE AMENDMENTS TO CHAPTER 4 VAC 20-450-10 ET SEQ., "PERTAINING TO THE TAKING OF BLUEFISH", TO ESTABLISH THE 2019 COMMERCIAL BLUEFISH QUOTA AS 915,857 POUNDS. [audio]
17.PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to establish the remainder of the 2019 recreational black sea bass fishery open season days. Earlier this year, Virginia was approved for a standard May 15 through December 31 open season, as well as a special February open season. The standard May 15 through December 31 open season length will be shortened by a minimum of 21 days to account for 10,082 pounds of black sea bass that were harvested during the special February 2019 recreational black sea bass fishery. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE AMENDMENTS TO CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS," TO ESTABLISH THE 2019 RECREATIONAL BLACK SEA BASS FISHERY SEASON AS MAY 15-31 AND JUNE 22-DECEMBER 31 TO ACCOUNT FOR LANDINGS ASSOCIATED WITH THE FEBRUARY SEASON. [audio]
18.DISCUSSION Report on the Fisheries Management Advisory Committee's (FMAC) discussions concerning striped bass harvest reduction options.
19.DISCUSSION VIMS Presentation on aquaculture and SAV. (Heard after item 4). DR. MARK LUCKENBACH FROM VIMS BRIEFED THE COMMISSION ON INTERACTIONS OF AQUACULTURE INDUSTRY AND SAV. [audio]
A.GRANITE/PARSONS/CORMAN, A JOINT VENTURE, #18-0425 Requests authorization to revise a previously issued permit for the construction of two (2) additional lanes on the High Rise Bridge over the Southern Branch Elizabeth River in the City of Chesapeake, by increasing the number of pier piles by 24, for a total of 138 pier piles. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT PER STAFF'S RECOMMENDATION.
B.CITY OF VIRGINIA BEACH, #19-0236 Requests authorization to maintenance dredge on an as-necessary basis approximately 150,000 cubic yards (per cycle) of State-owned submerged bottom within the City's Rudee Inlet Outer Channel Deposition Basin, situated along the Atlantic Ocean in the City of Virginia Beach. The Basin will be hydraulically dredged to maximum depths of -22 feet mean lower low water, and the dredged sand will be utilized as beach nourishment for the adjacent City Croatan beach to the south and the City's resort beach to the north. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT PER STAFF'S RECOMMENDATION.