COMMISSION ACTIONS December 8, 2020

** APPROVAL OF AGENDA. THE AGENDA WAS APPROVED BY UNANIMOUS VOTE.

1. MINUTES of previous meeting. THE MINUTES WERE APPROVED BY VOTE OF 7 TO 0 WITH ONE ABSTENTION. ASSOCIATE COMMISSIONER BALLARD ABSTAINED.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE PAGE TWO CASES WERE APPROVED BY UNANIMOUS VOTE.

3. CONSENT AGENDA ITEMS. NONE

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

5. PUBLIC HEARING Commission consideration for adoption of a Guideline Document Concerning Oyster Planting Grounds Lease Renewal Approval, Lease Renewal Denial, and Commission Hearings for Lease Renewal Denials pursuant to the Code of Virginia Chapter 6, Article 2, General Oyster-Planting Grounds, Section 28.2-613. REMOVED FROM THE DECEMBER 2020 AGENDA.

6. TREAVOR GREEN, #20-0363 Commission review, on appeal by the applicant, of the Gloucester County Wetlands Board's October 14, 2020, decision to approve the filling of 500 square feet of vegetated wetlands and 25 square feet of non-vegetated wetlands with off-site mitigation, as part of a bulkhead replacement project along Sarah's Creek at Tax Map #51CC(1)-11. THE COMMISSION VOTED 8 TO 1 TO APPROVE MR. GREEN'S REQUEST TO MODIFY THE GLOUCESTER COUNTY WETLANDS BOARD'S OCTOBER 14, 2020 DECISION AND DIRECTED THE BOARD TO ISSUE ITS PERMIT FOR THE FILLING OF 500 SQUARE FEET OF VEGETATED WETLANDS AND 25 SQUARE FEET OF NON-VEGETATED WETLANDS CONTINGENT ON THE APPLICANT'S PAYMENT INTO THE COUNTY'S IN LIEU FEE FUND FOR THE LOSS OF 100 SQUARE FOOT OF TIDAL VEGETATED WETLANDS.

7. CASHMAN EQUIPMENT CORPORATION, #20-1394 Requests authorization to construct a 70-foot long by 120-foot wide commercial boat ramp to impact 2,025 square feet of tidal wetlands at property (1500 Steel Street) along the Elizabeth River in the City of Chesapeake. This project requires a tidal wetlands permit. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

8. FAIRFAX COUNTY DEPARTMENT OF TRANSPORTATION, #19-2156 Requests authorization to construct a 16-foot wide pedestrian bridge spanning approximately 125 linear feet of Dogue Creek, immediately upstream of the Route 235 (Mount Vernon Memorial Highway) bridge crossing of Dogue Creek, in Fairfax County. The project is protested by an adjacent property owner. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

9. PUBLIC COMMENTS There were three public comments. 1. Mr. Michael Davis, waterman, requested reinstatement of his oyster user fee. While Mr. Davis had purchased his oyster user fee all previous years, he did not in 2019 when he was not working. Mr. Davis stated he was unaware that would make him ineligible for 2020. The commission voted unanimously to reinstate Mr. Davis' oyster user fee to alleviate hardship. 2. Laura Hoey, representing Marie Haynie, requested an appeal to the commission's denial to reinstate Ms. Haynie's Commercial registration card and striped bass quota. Due to ongoing medical and estate issues, Ms. Haynie's commercial card was not purchased in 2019 or 2020, making her ineligible to receive her quota or transfer quota to another party. Mr. Pat Geer, Chief of Fisheries, stated that the initial request was denied because Ms. Haynie's commercial card was not purchased for two years, while an exception could have been made after one year. The commission voted 8-1 to reinstate Ms. Haynie's commercial card and return her striped bass quota. 3. Mr. Arnold Evans, waterman, was not present but submitted a letter to be presented. Mr. Andrew Button, Head of Conservation and Replenishment, paraphrased Mr. Evans' letter requesting permission to transfer his oyster user fee without the 40 days of oyster harvest for eligibility due to medical issues. The commission requested to wait on a decision until Mr. Evans was present.

10. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia", to establish a new recreational season and vessel limit to comply with required reductions per Amendment 1 of the Interstate Fisheries Management Plan for Atlantic Migratory Group Cobia, as well as establish a prohibition on gaffing. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-510-10 ET SEQ., "PERTAINING TO AMBERJACK AND COBIA," TO ESTABLISH A NEW RECREATIONAL SEASON AND VESSEL LIMIT TO COMPLY WITH REQUIRED REDUCTIONS PER AMENDMENT 1 OF THE INTERSTATE FISHERIES MANAGEMENT PLAN FOR ATLANTIC MIGRATORY GROUP COBIA, AS WELL AS ESTABLISHING A PROHIBITION ON GAFFING.

11. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1270-10 et seq., "Pertaining to Atlantic Menhaden", to establish the 2021 Total Allowable Catch per Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden and the Ecological Reference Point Benchmark Assessment and to establish all associated fishery sector allocations in response. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-1270-10 ET SEQ., "PERTAINING TO ATLANTIC MENHADEN" TO ESTABLISH THE 2021 TOTAL ALLOWABLE CATCH PER AMENDMENT 3 TO THE INTERSTATE FISHERY MANAGEMENT PLAN FOR ATLANTIC MENHADEN AND THE ECOLOGICAL REFERENCE POINT BENCHMARK ASSESSMENT AND TO ESTABLISH ALL ASSOCIATED FISHERY SECTOR ALLOCATIONS IN RESPONSE.

12. RECOMMENDATION From the Recreational Fishing Advisory Board (RFAB) on funding projects from the Virginia Saltwater Recreational Fishing Development Fund (VSRFDF). THE COMMISSION VOTED UNANIMOUSLY TO FUND PROJECTS A THROUGH L, FOR EXPENDITURES TOTALING $436,310, FROM THE RECREATIONAL LICENSE FUND (VSRFDF), AND $55,001 FROM THE MARINE FISHING IMPROVEMENT FUND (MFIF).

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A. FORT MONROE AUTHORITY, #20-1533 Requests authorization to install a 20-inch HDPE water main by horizontal directional drill method approximately 30 feet below 1,490 linear feet of Mill Creek adjacent to Mellen Street in the City of Hampton. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

B. GENERAL DYNAMICS NASSCO, #20-1584 Requests authorization to mechanically maintenance dredge approximately 30,000 cubic yards of State-owned submerged land to a depth of minus fifty-nine (-59) feet mean low water at the Speede Drydock at General Dynamic NASSCO Norfolk facility (200 Ligon Street) along the Elizabeth River in the City of Norfolk. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

C. DOMINION TERMINAL ASSOCIATES, #20-0320 Requests authorization to hydraulically or mechanically maintenance dredge up to 80,000 cubic yards of state-owned submerged bottom on an as needed basis to maintain depths of -57 feet at mean low water adjacent to Dominion Terminal Associates Pier 11 (600 Harbor Road) along the James River in the City of Newport News. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.