Commission Meeting, January 23, 2007

** APPROVAL OF AGENDA.

1. MINUTES of previous meeting.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval.)

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL.

4. ARMY CORPS OF ENGINEERS, #03-1365, requests authorization to modify an existing permit which authorizes the overboard placement of dredged material, to allow for the placement of that material past the current time-of-year restriction of February 15 through June 30, whichwas imposed to protect anadromous fish species. The request is to allow placement of the dredge material through March 31, 2007, to allow for the removal of a shoal which is causing a draft restriction for ships along the Dancing Point – Swann Point Channel area.

5. RAPPAHANNOCK RIVER ESTATES CIVIC ASSOCIATION, #06-1243, requests authorization to install 45 mooring buoys and 11 timber pilings to establish a community waterfront mooring plan and a designated swimming area adjacent to their property situated along the Rappahannock River in Essex County. The project is protested by several nearby property owners.

6. GWYNN’S ISLAND BOATEL, #06-2522, requests authorization to remove all existing piers and construct four (4) new floating piers of various lengths to a maximum length of 190 feet channelward of mean high water to support the dry stack storage operation, fueling, sewage pump-out, and to create 18 wetslips and seven (7) staging slips and to dredge 3,700 cubic yards of subaqueous bottom material to provide maximum depths of minus six (-6) feet at mean low water adjacent to the Gwynn’s Island Boatel facility situate along Milford Haven in Mathews County. The project is protested by an adjacent property owner.

7. MALLARD BAY PROPERTY OWNERS ASSOCIATION, #05-2254, requests authorization to construct two (2) 30-foot long T-head pier extensions, two (2) 32-foot L-head extensions and five finger piers to create a total of 11 additional wetslips at their existing 18 slip community pier facility, an 80-foot community crabbing pier with an 800 square foot T-head and a 170 square foot canoe launch platform adjacent to the association's common area situated along the Great Wicomico River in Northumberland County.

8. YORK COUNTY DIVISION OF PARKS AND RECREATION, #06-0770, requests authorization to install a 66-foot long by 14-foot wide floating pier, a 45-foot long by 6-foot wide aluminum ramp and 85 linear feet of riprap adjacent to property situated along Queens Creek in York County. The project is protested by nearby residents.

9. ROBERT B. HART, ET AL, #06-1551. Commission review of the Prince William County Wetland Board's November 14, 2006, decision to approve the installation of 355 linear feet of vinyl bulkhead, and to grant after-the-fact authorization for the installation of 90 linear feet of gabion basket retaining wall and the placement of fill over approximately 3,550 square feet of tidal wetlands, adjacent to two properties situated along Quantico and Swans Creeks in Prince William County.

10. ROBERT LIVENGOOD, 04-2584, requests after-the-fact authorization to retain previously constructed additional pier and an open-sided dual slip boathouse larger than those previously authorized at his residence situated along Cypress Creek in the Town of Smithfield in Isle of Wight County.

11. NOTICE OF VIOLATION #06-28. Public Hearing concerning the City of Hampton's unauthorized dredging of State-owned submerged bottom at the end of their Sunset Creek boat ramp situated along Sunset Creek in Hampton.

12. DISCUSSION: Staff Update on House Barge Issue.

13. PUBLIC COMMENTS

14. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-510-10 et seq., “Pertaining to Amberjack and Cobia”, to allow for the culture of cobia by permitted aquaculture facilities.

15. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-70-10 et seq., “Pertaining to the Harvest of Clams”, to allow the possession of more than 250 clams by any boat licensed to take blue crabs with a dredge, when that vessel is also licensed to take clams with a dredge.

16. BLACK SEA BASS: Request to adopt emergency regulation establishing the 2007 commercial directed fishery and bycatch fishery quotas.

17. VIRGINIA OYSTER RESTORATION: Approval of the 2007 program and approval of procurement procedures.

18. AMERICAN SHAD: Approval of procurement procedures for the 2007 American Shad Restoration Program and request for public hearing to establish the 2007 Shad Bycatch regulations.

19. BLUEFISH ROCK ARTIFICIAL REEF: Request for March, 2007, public hearing to establish the designated reef.

20. VIRGINIA SEAFOOD COUNCIL: Request for February public hearing to consider a 2007 deployment of the non-native oyster, Crassostrea ariakensis.

21. SUMMER FLOUNDER: Request for public hearing to establish the 2007 recreational summer flounder fishery management measures.

22. DAVID WRIGHT: Request for Black Sea Bass hardship exemption

23. FAILURE TO REPORT COMMERCIAL HARVEST

PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval)

2A. COLUMBIA GAS TRANSMISSION CORPORATION, #06-1754, requests authorization to replace and/or repair existing gas pipeline segments along Line VM-107 possibly requiring the excavation, exposure, and replacement of the pipeline along numerous stream and river crossings in the Counties of Prince George, Sussex, Southampton, Surry, and Isle of Wight and the Cities of Suffolk and Chesapeake.

2B. CITY OF NORFOLK, #06-2504, requests authorization to install 25 temporary and 20 permanent mooring dolphins associated gangways, and three 240-foot by 40-foot floating platforms/barges along the Norfolk waterfront in the Elizabeth River and the Eastern Branch of the Elizabeth River in Norfolk to support events associated with Sail Virginia 2007 and the 400th Anniversary of Jamestown. Staff recommends that mooring dolphins B2, B4, B6, B8 and B10 be marked with a slow flashing amber light in accordance with the requirements of the U.S. Coast Guard.

2C. W. F. MAGANN CORPORATION, #06-2140, requests authorization to dredge 96,000 cubic yards of new dredging and 20,000 cubic yards of maintenance dredging of State-owned subaqueous lands from a 600-foot by 500-foot area to minus fourteen (-14) feet below mean low water adjacent to his property situated along the Western Branch of the Elizabeth River in Portsmouth. Dredged materials will be disposed of at the Craney Island Dredged Material Management Area Staff recommends requirements for a pre-dredge conference, submission of a post-dredge survey, and $43,200.00 for the dredging of 96,000 cubic yards of State-owned subaqueous lands at a rate of $0.45 per cubic yard.

2D. NAVAL FACILITIES ENGINEERING COMMAND, #06-2348, requests authorization to install a floating boat barrier exclusion device at the Norfolk Naval Shipyard along the Southern Branch of the Elizabeth River in Portsmouth. Staff recommends that the barrier be marked in accordance with the requirements of the U.S. Coast Guard.

2E. WESTERN VIRGINIA REGIONAL JAIL AUTHORITY, #06-1412, requests a modification to their previously issued permit to install aerial utility crossings of 125 linear feet of electrical line and 125 linear feet of telecommunications cable across the Roanoke River at the jail facility near Goodwin Church in the City of Salem.

2F. JANE M. WELLS, ET AL, #06-2044, requests authorization to install a private riparian mooring buoy at 37° 25’ 5” North Latitude, 76° 19’ 59” West Longitude, approximately 865 feet channelward of their property situated along Fishing Bay at 651 Stove Point Lane in Middlesex County. The mooring will encroach on “Additional Public Ground.”

2G. DAVID LEE, #06-2509, requests authorization to install a private riparian mooring buoy at 37° 31’ 40.5” North Latitude, 76° 20’ 2.3” West Longitude, approximately 700 feet channelward of their property situated along Fishing Bay at 123 Stove Point Lane in Middlesex County. The mooring will encroach on “Additional Public Ground.”

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE KATHY LEONARD (757-247-2200) NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

FISHERY MANAGEMENT ITEMS WILL IMMEDIATELY FOLLOW THE HABITAT MANAGEMENT PROJECTS ON THIS AGENDA.

The following are the agenda items from the Commission's regular meeting held January 23, 2007 at Commission headquarters. The Commission's actions are in bold.

1. MINUTES of previous meeting. The Commission voted, 8-0, to approve the minutes.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 8-0, to approve the permits, including additions to 2-B which were presented by staff.

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. The Commission went into closed meeting to discuss agenda items 5 and 9.
[ Audio Items 1-3 ]

4. ARMY CORPS OF ENGINEERS, #03-1365, requests authorization to modify an existing permit which authorizes the overboard placement of dredged material, to allow for the placement of that material past the current time-of-year restriction of February 15 through June 30, which was imposed to protect anadromous fish species. The request is to allow placement of the dredge material through March 31, 2007, to allow for the removal of a shoal which is causing a draft restriction for ships along the Dancing Point – Swann Point Channel area. The Commission voted, 8-0, to approve the requested permit modifications and asked that another anadromous fish study be conducted during the overboard placement of material during the dredging if logistics can be worked out. If the study cannot be accomplished the Corps is authorized to proceed with the overboard placement of the material.
[ Audio Item 4 ]

5. RAPPAHANNOCK RIVER ESTATES CIVIC ASSOCIATION, #06-1243, requests authorization to install 45 mooring buoys and 11 timber pilings to establish a community waterfront mooring plan and a designated swimming area adjacent to their property situated along the Rappahannock River in Essex County. The project is protested by several nearby property owners. The Commission voted, 8-0, to approve the project as presented and recommended by staff.
[ Audio Item 5 ]

6. GWYNN’S ISLAND BOATEL, #06-2522, requests authorization to remove all existing piers and construct four (4) new floating piers of various lengths to a maximum length of 190 feet channelward of mean high water to support the dry stack storage operation, fueling, sewage pump-out, and to create 18 wetslips and seven (7) staging slips and to dredge 3,700 cubic yards of subaqueous bottom material to provide maximum depths of minus six (-6) feet at mean low water adjacent to the Gwynn’s Island Boatel facility situate along Milford Haven in Mathews County. The project is protested by an adjacent property owner. The Commission voted, 7-1, to approve the project with staff recommendations to require a pre-dredging conference and post-dredging bathometric survey as well as a dredging royalty of $0.45 per cubic yard.
[ Audio Item 6 ]

7. MALLARD BAY PROPERTY OWNERS ASSOCIATION, #05-2254, requests authorization to construct two (2) 30-foot long T-head pier extensions, two (2) 32-foot L-head extensions and five finger piers to create a total of 11 additional wetslips at their existing 18 slip community pier facility, an 80-foot community crabbing pier with an 800 square foot T-head and a 170 square foot canoe launch platform adjacent to the association's common area situated along the Great Wicomico River in Northumberland County. The Commission voted, 6-2, to approve the proposed crabbing pier, but denied the proposed T-head pier extension and additional wetslips.
[ Audio Item 7 ]

8. YORK COUNTY DIVISION OF PARKS AND RECREATION, #06-0770, requests authorization to install a 66-foot long by 14-foot wide floating pier, a 45-foot long by 6-foot wide aluminum ramp and 85 linear feet of riprap adjacent to property situated along Queens Creek in York County. The project is protested by nearby residents. The Commission voted, 8-0, to approve the project as proposed and recommended by staff.
[ Audio Item 8 ]

9. ROBERT B. HART, ET AL, #06-1551. Commission review of the Prince William County Wetland Board's November 14, 2006, decision to approve the installation of 355 linear feet of vinyl bulkhead, and to grant after-the-fact authorization for the installation of 90 linear feet of gabion basket retaining wall and the placement of fill over approximately 3,550 square feet of tidal wetlands, adjacent to two properties situated along Quantico and Swans Creeks in Prince William County. The Commission voted, 8-0, to table the case until its February 27th meeting, to allow Commission staff to clarify the accuracy of the wetlands board record and transcript of the wetlands board hearing provided by the county.
[ Audio Item 9 ]

10. ROBERT LIVENGOOD, 04-2584, requests after-the-fact authorization to retain previously constructed additional pier and an open-sided dual slip boathouse larger than those previously authorized at his residence situated along Cypress Creek in the Town of Smithfield in Isle of Wight County. The Commission voted, 8-0, to approve the after-the-fact permit with a $250 civil charge in lieu of any further enforcement action.
[ Audio Item 10 ]

11. NOTICE OF VIOLATION #06-28. Public Hearing concerning the City of Hampton's unauthorized dredging of State-owned submerged bottom at the end of their Sunset Creek boat ramp situated along Sunset Creek in Hampton. The Commission voted, 7-1, to approve the dredging with no civil charge.
[ Audio Item 11 ]

12. DISCUSSION: Staff Update on House Barge Issue. The Commission asked staff to continue to review what other states have done regarding this subject.
[ Audio Item 12 ]

13. PUBLIC COMMENTS: Several comments were heard related to other agenda items.
[ Audio Item 13 ]

14. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-510-10 et seq., “Pertaining to Amberjack and Cobia”, to allow for the culture of cobia by permitted aquaculture facilities. The Commission voted, 8-0, to approve the proposed amendments.
[ Audio Item 14]

15. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-70-10 et seq., “Pertaining to the Harvest of Clams”, to allow the possession of more than 250 clams by any boat licensed to take blue crabs with a dredge, when that vessel is also licensed to take clams with a dredge. The Commission voted, 8-0, to approve the proposed amendments.
[ Audio Item 15 ]

16. BLACK SEA BASS: Request to adopt emergency regulation establishing the 2007 commercial directed fishery and by-catch fishery quotas. The Commission voted, 8-0, to adopt the emergency regulation, effective Feb. 1 and to hold a public hearing on the regulation at its Feb. 27th meeting.
[ Audio Items 16 & 20 ]

17. VIRGINIA OYSTER RESTORATION: Approval of the 2007 program and approval of procurement procedures. The Commission voted, 5-0-2 with Mr. Robins abstaining, to approve the 2007 oyster restoration program and the required procurement procedures.
[ Audio Item 17 ]

18. AMERICAN SHAD: Approval of procurement procedures for the 2007 American Shad Restoration Program and request for public hearing to establish the 2007 Shad Bycatch regulations. The Commission voted, 6-0, to adopt an emergency regulation establishing the status quo for the 2007 Shad Bycatch fishery, effective Feb. 1 and also set the required procurement procedures. The Commission will hold a public hearing on Feb. 27th regarding the emergency regulation.
[ Audio Item 18 ]

19. BLUEFISH ROCK ARTIFICIAL REEF: Request for March, 2007, public hearing to establish the designated reef. The Commission voted, 6-0, to set a public hearing for its March 27th meeting on the proposed artificial reef 3.2 miles south/southeast off the Grandview section of Hampton in the Chesapeake Bay.
[ Audio Item 19 ]

20. VIRGINIA SEAFOOD COUNCIL: Request for February public hearing to consider a 2007 deployment of the non-native oyster, Crassostrea ariakensis. The Commission voted, 6-0, to hold a public hearing at its Feb. 27th meeting or March 27th meeting depending upon when the Council is able to submit its requirements.
[ Audio Item 16 & 20 ]

21. SUMMER FLOUNDER: Request for public hearing to establish the 2007 recreational summer flounder fishery management measures. The Commission voted, 6-0, to set a public hearing at its Feb. 27th meeting to consider four management options for the 2007 recreational summer flounder fishery.
[ Audio Item 21 ]

22. DAVID WRIGHT: Request for Black Sea Bass hardship exemption. The Commission voted, 6-0, to support the staff recommendation granting the hardship exemption.
[ Audio Item 22, 23, & 24 ]

23. FAILURE TO REPORT COMMERCIAL HARVEST: The Commission voted, 5-0, to suspend the commercial fishing registration of Mr. Patrick J. Johnson, Mr. John T. Johnson and Mr. Richard J. Johnson until they appear before the Commission for their hearing.

24. Shellfish Relay Season: The Commission voted, 6-0, to set a public hearing at its Feb. 27 meeting to consider changes in the relay season.