COMMISSION ACTIONS February 26, 2019

** APPROVAL OF AGENDA. APPROVED AS AMENDED BY UNANIMOUS VOTE TO INCLUDE A BRIEFING BY DEPUTY COMMISSIONER BOLEN REGARDING ACTIONS TAKEN BY THE GENERAL ASSEMBLY. [audio]

1. MINUTES of previous meeting. APPROVED BY UNANIMOUS VOTE. [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). APPROVED BY UNANIMOUS VOTE. [audio]

3. CONSENT AGENDA ITEMS. NONE [audio]

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

5. VIRGINIA ELECTRIC AND POWER COMPANY, #18-1845 Requests authorization to conduct repair work to four (4) foundation structures of an existing steel lattice transmission line support tower that will require increasing the footprint of the foundations, installing riprap within tidal wetlands and submerged lands, and to install a temporary cofferdam during construction along the Southern Branch Elizabeth River at 2701 VEPCO Street, in the City of Chesapeake. This project requires a wetlands and subaqueous permit. APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

6. MEADOWRIDGE/GREEN HILL OYSTER GROUP, Oyster Planting Ground Application #2016-229 Requests authorization to lease approximately 16 acres of oyster planting grounds within Broad Bay, a tributary to the Lynnhaven River, in the City of Virginia Beach. The application is protested by a resident/leaseholder. THE LEASE APPLICATION WAS DENIED BY UNANIMOUS VOTE PER STAFF RECOMMENDATION. THE COMMISSION ALSO AGREED TO DESIGNATE THE REQUESTED AREA AS AN AREA NOT TO BE LEASED FOR A PERIOD OF TEN YEARS. [audio]

7. MARSHALL G. WEISNER, Oyster Planting Ground Application #2017-176 Requests authorization to lease approximately 20 acres of oyster planting grounds within a cove tributary of the James River at Joint Base Langley-Eustis, Fort Eustis location in the City of Newport News. The application is protested by both the Joint Base Langley-Eustis Civil Engineer Division and Security Forces unit. THE LEASE APPLICATION WAS DENIED BY UNANIMOUS VOTE PER STAFF RECOMMENDATION. [audio]

8. PRESENTATION Dr. Bob Orth, Virginia Institute of Marine Science, annual review of the status of Submerged Aquatic Vegetation. THE COMMISSION UNANIMOUSLY APPROVED $22,000 FOR THE NEXT SEGMENT OF THE ONGOING BOAT SCARRING PROGRAM, WITH FUNDS SPLIT EVENLY FROM THE COMMERCIAL LICENSE FUND (MARINE FISHING IMPROVEMENT FUND) AND THE RECREATIONAL LICENSE FUND (VIRGINIA SALTWATER RECREATIONAL FISHING DEVELOPMENT FUND). [audio]

9. PUBLIC COMMENTS NONE [audio]

10. LICENSE STATUS REVIEW: THE COMMISSION HEARD 1 CASES OF LICENSE STATUS REVIEWS. [audio]

11. PUBLIC HEARING The Commission proposes to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to modify the landing dates, possession limits and landing limits for summer flounder commercially harvested offshore (federal waters) and landed in Virginia. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4 VAC 20-620-10 ET SEQ.,"PERTAINING TO SUMMER FLOUNDER," TO MODIFY THE LANDING DATES (MARCH 1 THROUGH APRIL 19, 2019), POSSESSION LIMITS OF 10,000 POUNDS AND LANDING LIMIT OF 10,000 POUNDS FOR SUMMER FLOUNDER COMMERCIALLY HARVESTED OFFSHORE (FEDERAL WATERS) AND LANDED IN VIRGINIA. [audio]

12. DISCUSSION Request for a March public hearing to incorporate additional amendments to Chapter 4 VAC 20-890-10 et seq., for the channeled whelk pot fishery. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A MARCH PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-890-10 ET SEQ., "PERTAINING TO CHANNELED WHELK," TO 1) AMEND OR REMOVE THE MINIMUM SHELL WIDTH AS MEASURED BY CULLING RING, 2) DEFINE THE UNDERSIZE TOLERANCE BY BASKET, REPLACING THE BUSHEL AND BARREL, 3) DEFINE THE PROCEDURE BY WHICH LAW ENFORCEMENT CAN SELECT CHANNELED WHELK TO BE CULLED, AND 4) EXPLICITLY ALLOW THE POSSESSION OF KNOBBED WHELK AND OTHER WHELK SPECIES IN CHANNELED WHELK POTS. [audio]

13. DISCUSSION Request to postpone the February 2019 public hearing on towing fish until the March meeting of the Commission. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A MARCH PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-740-10 ET SEQ., "PERTAINING TO THE SNAGGING OF FISH," TO INCLUDE A PROHIBITION ON THE TOWING OF ANY SPECIES REGULATED BY A POSSESSION LIMIT. [audio]

14. DISCUSSION Request for approval of the 2019 oyster replenishment and restoration plan and associated procurement procedures. THE COMMISSION UNANIMOUSLY APPROVED THE 2019 OYSTER REPLENISHMENT AND RESTORATION PLAN AND THE 2019 PROCUREMENT ACTIVITY. [audio]

15. DISCUSSION Mandatory recreational reporting requirements and request to amend Chapter 4 VAC 20-1120-10 et seq., "Pertaining to Tilefish and Grouper" to modify mandatory recreational reporting requirements. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A MARCH PUBLIC HEARING TO 1) AMEND CHAPTER 4 VAC 20-1120-10 ET SEQ., "PERTAINING TO TILEFISH AND GROUPER," TO REMOVE THE PERMITTING AND MANDATORY REPORTING REQUIREMENTS. 2) AMEND CHAPTER 4VAC 20-510-10 ET SEQ., "PERTAINING TO AMBERJACK AND COBIA," AND CHAPTER 4VAC 20-252-10 ET SEQ., "PERTAINING TO THE TAKING OF STRIPED BASS," TO ADJUST THE MANDATORY REPORTING DEADLINE FROM 15 DAYS TO 21 DAYS AFTER THE SEASON CLOSURE AND TO ADD COMPLIANCE LANGUAGE WHICH INCLUDES THE FAILURE TO REPORT ANY ONE YEAR WILL RESULT IN THE LOSS OF ELIGIBILITY FOR THAT PERMIT THE FOLLOWING YEAR. [audio]

16. PRESENTATION Presentation by the Deputy Commissioner Ellen Bolen to update Associate Members on legislation from the General Assembly. DEPUTY COMMISSIONER BOLEN BRIEFED THE COMMISSION ON UPCOMING AGENCY TASKS RELATED TO LEGISLATIVE ACTIONS MADE BY THE GENERAL ASSEMBLY THIS YEAR. THIS ITEM WAS HEARD BETWEEN ITEMS 7 AND 8 AT THE END OF THE MORNING SESSION. [audio]

PAGE 2 ITEMS [audio]

A. VIRGINIA ELECTRIC AND POWER COMPANY, #18-1727 Requests authorization to remove and replace two (lines 211 and 228) 230kV circuits over 1,011 linear feet of the Appomattox River immediately upriver of the I-295 bridge crossing, and over 18 linear feet of Cabin Creek, north of River Road. A temporary crane mat bridge will also be installed over Cabin Creek to provide access. The project is located in Chesterfield and Prince George Counties and the City of Hopewell. Staff recommends a royalty in the amount of $6,174.00 for the encroachment over 2,058 linear feet of State-owned submerged land at a rate of $3.00 per linear foot. ITEM 2A WAS APPROVED BY UNANIMOUS VOTE.