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COMMISSION ACTIONS APRIL 24, 2012

** APPROVAL OF AGENDA. THE MEETING AGENDA WAS APPROVED 6-0 AFTER ITEM 7 (PLUCINSKI, #11-1384) WAS REMOVED.  ASSOCIATE COMMISSIONERS SESSOMS AND ROBINS WERE ABSENT FROM THE MEETING.
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1.  MINUTES of previous meeting. THE MINUTES OF THE MARCH MEETING WERE APPROVED 5-0.  ASSOCIATE COMMISSIONER FOX ABSTAINED.
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2.  PERMITS (Projects over $500,000 with no objections and with staff recommendation for approval).  NONE.
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3.  CONSENT AGENDA ITEMSTHE COMMISSION VOTED 6-0 TO APPROVE THE CONSENT AGENDA ITEM DELINEATED BELOW IN DETAIL AS ITEM 3A, PER STAFF RECOMMENDATION.
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4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL.  NONE.
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5.  JEFFREY H. HAYNES and ROBIN L. FOSTER, #11-1863, request authorization to construct 74 linear feet of riprap marsh toe stabilization, which will extend a maximum of four (4) feet channelward of mean low water at their property on Little Bay at 3633 Windmill Point Road in Lancaster County.  The project is protested by an adjacent property owner.  THE COMMISSION APPROVED THE PROJECT AS PROPOSED, 6-0, PER STAFF RECOMMENDATION.
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6.  BUBBA'S MARINA, #01-1979/#11-0583.  Josee Hionis requests after-the-fact authorization to retain the glass door enclosures installed around the channelward portion of the commercial wharf facility known as Bubba's Shellfish Market at 3323 Shore Drive, situated along the Lynnhaven Inlet in Virginia Beach.  Mrs. Hionis also seeks approval to continue operating a restaurant facility within the enclosed decking area currently existing over State-owned submerged bottomlands.  At the October 25, 2011, hearing, the Commission granted an interim six-month permit to retain the glass doors and to continue restaurant operations at the establishment.  THE COMMISSION VOTED 4-1 TO APPROVE THE AFTER-THE-FACT APPLICATION WITH TRIPLE PERMIT FEES OF $300, A ROYALTY OF $5,654 FOR USE OF STATE-OWNED WATER BOTTOMS, AND A CIVIL CHARGE OF $3,000 IN LIEU OF FURTHER ENFORCEMENT ACTION, PER STAFF RECOMMENDATIONS.  ASSOCIATE COMMISSIONERS PLUMLEE AND PALMER RECUSED THEMSELVES FROM THE DISCUSSION AND VOTE.  ASSOCIATE COMMISSIONER LAINE VOTED NO.
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7.  SEBASTIAN PLUCINSKI, #11-1384, requests after-the-fact authorization to retain seven (7) galvanized metal fence posts with concrete bases and to install eight (8) fence lines consisting of 2-inch diameter galvanized fence posts with interconnecting chain extending landward of mean high water to a pond located behind the natural dune system, and install eight (8) pilings at the mean low water line at the terminus of the property lines of four separate parcels along the Chesapeake Bay on White Marsh Beach in the City of Hampton.  THIS MATTER WAS DEFERED TO THE COMMISSION'S MAY 22 MEETING.
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8.  U.S ARMY CORPS OF ENGINEERS, #12-0255, requests authorization to place overboard, in an unconfined manner, up to 65,000 cubic yards of dredged material, per dredge cycle, from the hydraulic maintenance dredging of the two Federal Project Channels near Tangier Island in Accomack County.  The material will be deposited along the western shore of the island, south of the existing seawall or along the northwest shoreline of the Tangier Island Uppards.  Subaqueous, Wetlands and Coastal Primary Sand Dunes/Beach permits will be required.  THE COMMISSION APPROVED THE PROJECT 7-0 WITH A TIME OF YEAR RESTRICTION, PER STAFF RECOMMENDATIONS.
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9.  PUBLIC COMMENTS.  NONE.
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10. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC20-900-10 et seq., "Pertaining to Horseshoe Crabs," to modify the commercial landing limits of horseshoe crabs, from waters east of the COLREGS line, by trawl and non-trawl gears.  THE COMMISSION VOTED 7-0 TO REALLOCATE THE COMMERCIAL LANDING LIMITS FOR HORSESHOE CRABS FROM WATERS EAST OF THE COLREGS LINE, FOR TRAWL AND NON-TRAWL GEAR. 
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11. PUBLIC HEARING:  Proposed amendments to Regulation 4 VAC20-1120-10 et seq., "Pertaining to Tilefish and Grouper", to modify the commercial possession limit for tilefish.  THE COMMISSION VOTED 7-0 TO ESTABLISH THE COMMERCIAL POSSESSION LIMIT FOR BLUELINE TILEFISH AT 300 POUNDS, OR 273 POUNDS GUTTED, AND TO SET THE VESSEL LIMIT FOR ALL SPECIES OF TILEFISH AT 500 POUNDS, OR 455 POUNDS GUTTED.
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12. PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-950-10 et seq., "Pertaining to Black Sea Bass," to modify the commercial fishery possession limit.  THE COMMISSION VOTED 7-0 TO ALLOW VESSELS TO POSSESS THE NORTH CAROLINA COMMERCIAL BLACK SEA BASS LIMIT IN ADDITION TO THE VIRGINIA LIMIT, AS IS PERMITTED WITH SUMMER FLOUNDER. THE SPECIES ARE COMMONLY CAUGHT TOGETHER BY THE OFFSHORE TRAWL FLEET.
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13. REQUEST FOR PUBLIC HEARING:  Establishment of the spiny dogfish commercial harvest quota for the upcoming fishing season, May 1 through April 30.  THE COMMISSION VOTED 6-0 TO HOLD A PUBLIC HEARING AND VOTE IN MAY TO ESTABLISH THE 2012 COMMERCIAL SPINY DOGFISH QUOTA.
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14. REQUEST FOR PUBLIC HEARING:  Establishment of daily trip limits for Spanish mackerel to comply with the ASMFC fishery management plan.  THE COMMISSION VOTED 6-0 TO HOLD A PUBLIC HEARING AND VOTE IN MAY TO MAKE A TECHNICAL CHANGE TO THE COMMERCIAL SPANISH MACKEREL REGULATION.
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15. REQUEST FOR PUBLIC HEARING: P roposed amendments to Regulation 4VAC20-960-10 et seq., "Pertaining to Tautog," to establish the 2012-2013 recreational and commercial management measures, including the establishment of a commercial fishery control rule.  THE COMMISSION VOTED 6-0 TO HOLD A PUBLIC HEARING AND VOTE IN MAY TO REDUCE THE RECREATIONAL AND COMMERCIAL TAUTOG CATCH BY 39 PERCENT, AS REQUIRED BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION.  THE COMMISSION, ON THE ADVISE OF STAFF AND THE FINFISH MANAGEMENT ADVISORY COMMITTEE, DECIDED NOT TO PROCEED WITH A CONTROL RULE FOR THE FISHERY.
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16. REQUEST FOR PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-1230-10 et seq., "Pertaining to Restrictions on Shellfish," to establish stricter public and private warm-water oyster harvest measures, for public health safety.  THE COMMISSION VOTED 7-0 TO HOLD A PUBLIC HEARING AND VOTE IN MAY TO ESTABLISH STRICTER TEMPERATURE CONTROL REQUIREMENTS ON PRIVATE AND PUBLIC OYSTER HARVESTS FROM MAY THROUGH SEPTEMBER.  THE MEASURES ARE AIMED AT FULLY ENSURING OYSTERS REMAIN SAFE FOR HUMAN CONSUMPTION IN WARM WEATHER MONTHS.
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17. BLUE CRAB DISCUSSION:  Results of the 2011-2012 Chesapeake Bay-Wide Winter Dredge Survey. THE COMMISSION WAS BRIEFED ON THE GOOD NEWS THAT BLUE CRAB ABUNDANCE HAS INCREASED 66 PERCENT FROM LAST YEAR, AND THAT THE NUMBER OF JUVENILE CRABS IN THE BAY TRIPLED - SETTING A NEW RECORD. THE COMMISSION DECIDED TO KEEP THE CURRENT CATCH REGULATIONS IN PLACE, MONITOR THE HARVEST CLOSELY AND IN SEPTEMBER CONSIDER WHETHER TO EXTEND THE FALL CRAB POT SEASON WITH DAILY BUSHEL LIMITS TO OFFSET ANY HARVEST INCREASE FROM A SEASON EXTENSION.
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THERE WERE NO PAGE TWO CONSENT AGENDA ITEMS

NONE

THE FOLLOWING PAGE THREE CONSENT AGENDA ITEM WAS APPROVED 6-0, PER STAFF RECOMMENDATION:

3A. AQUIA BAY MARINA, INC., #12-0007,
requests after-the-fact authorization to retain a screened and partial knee walled enclosure under a previously authorized (#09-0093) roof structure measuring, 14 feet 10 inches by 11 feet 6 inches and 7 feet 3 inches tall, attached to a previously existing enclosed covered structure and an adjacent 8 feet 10 inches long by 3 feet 10 inches high wall on an existing pier at the existing marina facility along Aquia Creek in Stafford County.  The applicant has agreed to pay a civil charge in the amount of $1,000.00 in lieu of further enforcement action.  Staff recommends approval and acceptance of the aforementioned civil charge. 


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