COMMISSION ACTIONS February 22, 2022

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

1. MINUTES of previous meeting. THE MINUTES WERE APPROVED BY UNANIMOUS VOTE.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). ITEMS 2A & 2B WERE APPROVED BY UNANIMOUS VOTE.

3. CONSENT AGENDA ITEMS. NONE

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

5. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1180-10 et seq., "Pertaining to Fishing Guides", to 1) define existent freshwater/saltwater delineation lines, 2) clarify language for license qualification requirements, and 3) establish penalties. The Commission also proposes to repeal Chapter 4 VAC 20-1150-10 et seq., "Pertaining to Charter Boat and Head Boat Fisheries". THE COMMISSION UNANIMOUSLY VOTED TO AMEND CHAPTER 4 VAC 20-1180-10 ET SEQ., "PERTAINING TO FISHING GUIDES", TO 1) DEFINE EXISTENT FRESHWATER/SALTWATER DELINEATION LINES, 2) CLARIFY LANGUAGE FOR LICENSE QUALIFICATION REQUIREMENTS, AND 3) ESTABLISH PENALTIES. THE COMMISSION ALSO APPROVED REPEALING CHAPTER 4 VAC 20-1150-10 ET SEQ., "PERTAINING TO CHARTER BOAT AND HEAD BOAT FISHERIES".

6. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1270-10 et seq., "Pertaining to Atlantic Menhaden", to establish the 2022 Total Allowable Catch per Amendment 3 to the Interstate Fishery Management Plan for Atlantic Menhaden and to establish all associated fishery sector allocations in response. THE COMMISSION UNANIMOUSLY VOTED TO AMEND CHAPTER 4 VAC 20-1270-10 ET SEQ., "PERTAINING TO ATLANTIC MENHADEN", TO ESTABLISH THE 2022 TOTAL ALLOWABLE CATCH PER AMENDMENT 3 TO THE INTERSTATE FISHERY MANAGEMENT PLAN FOR ATLANTIC MENHADEN AND TO ESTABLISH ALL ASSOCIATED FISHERY SECTOR ALLOCATIONS IN RESPONSE.

7. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-450-10 et seq., "Pertaining to the Taking of Bluefish" to update the commercial bluefish annual quota. THE COMMISSION UNANIMOUSLY VOTED TO AMEND CHAPTER 4 VAC 20-450-10 ET SEQ., "PERTAINING TO THE TAKING OF BLUEFISH," TO REMOVE THE DEFINITION OF ANNUAL QUOTA AS A SPECIFIED PERCENTAGE OF THE COASTWIDE ALLOCATION, ALLOWING ANNUAL UPDATES TO THE ALLOCATION TO OCCUR ADMINISTRATIVELY IN ACCORDANCE WITH AMENDMENT 7 TO THE ATLANTIC BLUEFISH FISHERY MANAGEMENT PLAN.

8. PUBLIC COMMENTS Mr. William Pappas, charter captain, requested that the commission make a motion to close the commercial menhaden fishery until a decision is made on whether to reduce the Bay cap for the menhaden reduction fishery. Commission counsel informed Mr. Pappas that a public notice and a public comment period would be required to make that change. Mr. Pappas also requested the commission consider reinstating the February recreational black sea bass fishery that the Commission voted to close on January 25, 2022 and to consider rejecting the recreational black sea bass reductions required by ASMFC and MAFMC for 2022 which will be voted on in April. Mr. Richard Vaughan, charter captain, also requested the Commission consider rejecting recreational black sea bass reductions required by ASMFC and MAFMC for 2022.

9. THE MARINERS’ MUSEUM, #21-1919 Requests authorization to rehabilitate the low-level outlet, concrete wingwall and primary spillway of the Lion's Bridge Dam along Museum Drive, adjacent to the James River in the City of Newport News. Articulated concrete block matting will be installed and planted to create 26,059 square feet (0.60 acre) of vegetated tidal wetlands along the toe of the dam. This project requires a subaqueous and dune and beach permit. THE PROJECT WAS APPROVED AS RECOMMENDED BY STAFF BY UNANIMOUS VOTE.

10. DEPUE H. DUFFEY, JR. and CHERYL A. DUFFEY, #21-1298 Request authorization to install a riprap sill, with sand backfill and vegetative plantings, to create a 3,400 square foot (0.08 acre) living shoreline adjacent to property situated along the Coan River at 408 Lake Landing Drive in Northumberland County. The project is protested by an adjacent property owner. THE PROJECT WAS APPROVED AS RECOMMENDED BY STAFF BY UNANIMOUS VOTE.

11. THE KNOLLS II, LLC, #21-1558 Requests authorization to dredge 2,525 cubic yards of subaqueous material in upper Dunton Cove of Carter Creek to create an 810-foot long by 30-foot wide channel and nine (9) ancillary channels in Lancaster County. The project is protested by a property owner at the head of the cove. THE PROJECT WAS APPROVED AS RECOMMENDED BY STAFF BY UNANIMOUS VOTE.

12. SCOTT GRIFFITH, Oyster Planting Ground Application #2015-087 Request to lease up to 175 acres of oyster planting grounds in Indian Creek in Northumberland County. The application is protested by numerous local residents, two homeowners associations and a yacht and country club. The requested area also includes currently restricted classification shellfish waters, submerged aquatic vegetation (SAV) and is bisected by an existing creek channel. THE COMMISSION APPROVED TWO AREAS WITHIN INDIAN CREEK IN NORTHUMBERLAND AND LANCASTER COUNTIES, ONE ON EACH SIDE OF THE EXISTING CHANNEL (CONTAINING 28.55 AND 22.42 ACRES RESPECTIVELY) FOR A TOTAL AREA OF APPROXIMATELY 50.97 ACRES. THE VOTE TO APPROVE WAS 4-2.

13. DISCUSSION: Request for approval of the 2022 Oyster Replenishment and Restoration Plan (ORP) and the Associated Procurements Procedures This year's projects will include Hydraulic dredging and planting of fossil or "reef" shells, transplanting and harvesting seed oysters using ordinary oyster dredges, alternative substrate plantings (stone deployment), the purchase and transport of "House" or Shucking house shells, and the movement and transport of shell using ordinary dredges. THE COMMISSION APPROVED THE CONSERVATION AND REPLENISHMENT DEPARTMENT'S 2022 (ORP) PLAN AND PROCUREMENT PROCEDURES FOR REMOVAL AND THE PLANTING OF OYSTERS, SHELL, AND ALTERNATIVE SUBSTRATE THROUGHOUT THE STATE. THE VOTE TO APPROVE WAS 5-0-1.

14. REQUEST FOR AN EMERGENCY AMENDMENT Request from Shellfish Management Advisory Commitee to extend the patent tong season which is currently set to end on February 28, 2022. The request is to extend the season until March 15th. Any such extension requires Commission approval as an emergency regulatory action to "Pertaining to restrictions on oyster harvest" CHAPTER 4VAC 20-720-10 ET. SEQ. THE COMMISSION APPROVED, AS AN EMERGENCY ACTION, EXTENDING THE PATENT TONG SEASON FROM MARCH 1 THROUGH MARCH 15, 2022 FOR THE DEEP ROCK HARVEST AREA WITHIN THE CHESAPEAKE BAY IN MATHEWS COUNTY. THE VOTE TO EXTEND THE SEASON WAS 5-0-1.

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A. NORFOLK DEPARTMENT OF PUBLIC WORKS, #21-1791 Requests authorization to demolish the existing culvert and replace with 150 linear feet of two (2) 6-foot wide by 4-foot high concrete box culverts, with concrete wingwalls and riprap at each end of the Granby Street crossing of Oastes Creek in the City of Norfolk. THE PROJECT WAS APPROVED AS PROPOSED BY UNANIMOUS VOTE.

B. ADVANSIX RESINS & CHEMICALS, LLC, #22-0102 Requests authorization to remove existing fender piles and install 44 new concrete piles, including 11 new foam fenders, as part of the upgrade to the fender system adjacent to the existing industrial pier serving 905 E. Randolph Road, situated along the James River in the City of Hopewell. Staff recommends approval with a special condition requiring the implementation of noise/vibration mitigation techniques including cushion blocks, bubble curtains and soft start practices during pile driving activities. No instream work or pile driving shall occur between February 1st and April 1st of any year, to protect anadromous fish species, without written approval from the Virginia Institute of Marine Science. THE PROJECT WAS APPROVED AS PROPOSED BY UNANIMOUS VOTE.