Commission Meeting, June 23, 2020

Date: Tuesday, June 23, 2020, 9:30 AM
Who is meeting: Virginia Marine Resources Commission (VMRC)

Agenda

** APPROVAL OF AGENDA.

1. MINUTES of previous meeting.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval).

3. CONSENT AGENDA ITEMS.

4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL.

5. BRUCE R. LEE, #20-0357 Requests authorization to construct two (2) 48-foot long timber jetties alongside an existing private boat ramp at property at 19507 Ware Creek Road, situated along the Rappahannock River in Caroline County. The project requires a wetlands and subaqueous permit.

8. DISCUSSION The U.S. Army Corps of Engineers, Norfolk District, requests acceptance of a Memorandum of Agreement (MOU) to protect subaqueous ecosystem restoration project sites on State-owned submerged lands within the Lynnhaven River Watershed. Tabled from the January 2020 meeting.

9. PUBLIC COMMENTS

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-450-10 et seq., "Pertaining to the Taking of Bluefish" to establish the commercial bluefish annual quota for 2020.

**In consideration of Governor Northam's Executive Order 65 and public safety, the public may only participate in this meeting via video/audio conference. The public will not be allowed to attend the meeting in person in accordance with Executive Order 65 prohibiting gatherings of 50 or more individuals. All persons interested in commenting are highly encouraged to submit written comments prior to the meeting. The Virginia Marine Resources Commission may meet by electronic communication means without a quorum of the public body or any member of the governing board physically assembled at one location as the Governor has declared a state of emergency in accordance with § 44-146.17.

Public comments on the proposed fisheries regulations should be provided to Patrick Geer, VMRC Fisheries Management Division, 380 Fenwick Road, Bldg. 96, Fort Monroe, Virginia 23651, by 12:00 p.m., Thursday, June 18, 2020. Those requesting to provide public comment on items not on the agenda (e.g. during Item 11), or provide written comment on any of the public hearings must send an email to fisheries@mrc.virginia.gov with the subject heading "Commission Comments" by 12 p.m. on June 22, 2020.

Further instructions for electronic meeting participation, public call-in information, and the meeting web link will also be provided at https://mrc.virginia.gov/calendar.shtm in advance of the electronic meeting.

The Commission may review Fisheries Management Division items as early as 9:30 a.m.

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE MICHELE GUILFORD (757-247-2206) NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

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A. HUNTINGTON INGALLS INC - NEWPORT NEWS SHIPBUILDING, #20-0133 Requests authorization to mechanically maintenance dredge up to 300,000 cubic yards a year of State-owned submerged land to maintain depths of -30 feet below mean low water adjacent to Pier 8, Pier 9, Dry Dock 3, and Dry Dock 12; depths of -40 feet below mean low water adjacent to Pier 5, Pier 6, Dry Dock 1, Dry Dock 2, Dry Dock 4, and Dry Dock 12; depths of -50 feet below mean low water adjacent to Pier 2, Pier 3, Dry Dock 10, Dry Dock 11, and Outfitting Berth 1; depths of -72 feet below mean low water adjacent to Floating Dry Dock Basin at Huntington Ingalls Newport News Shipyard adjacent to the James River in the City of Newport News. Staff recommends approval with adherence to the permit conditions listed in the previously authorized permit VMRC #10-0518.

B. VIRGINIA ELECTRIC AND POWER COMPANY, #18-1496 Requests authorization to modify their existing permit, temporarily impacting an additional 184 linear feet of State-owned subaqueous bottom, to facilitate alternative construction access to transmission line support structures 224/180-224/182 in support of the Line 224 Mattaponi River Rebuild Project in King and Queen County.

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

Commission Actions

** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS PRESENTED [audio]

1. MINUTES of previous meeting. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE MINUTES AS PRESENTED [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE COMMISSION VOTED UNANIMOUSLY TO APPROVE ITEMS 2A & 2B AS RECOMMENDED BY STAFF [audio]

3. CONSENT AGENDA ITEMS. NONE [audio]

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

6. BRYAN'S COVE DEVELOPERS, LLC, #20-0256 Requests authorization to construct five (5) riprap outfalls, three (3) of which are after-the-fact, approximately 240 linear feet of after-the fact riprap revetment, and an 8-foot wide by 45-foot long pier with a 36-foot by 36-foot covered pavilion at property (808 Centurion Circle) along a man-made cove of Deep Creek in the City of Chesapeake. This project requires a tidal wetlands permit. THE COMMISSION VOTED 5-2, WITH ASSOCIATE COMMISSIONER EVERETT ABSTAINING, TO APPROVE STAFF'S RECOMMENDATION FOR APPROVAL OF THE PROJECT AS PROPOSED CONDITIONED UPON THE PURCHASE OF WETLANDS CREDITS AT THE NEW MILL CREEK TIDAL MITIGATION BANK NECESSARY TO REPLACE THE LOSS OF 649 SQUARE FEET OF TIDAL VEGETATED WETLANDS. FURTHER, THE APPROVAL WAS CONTINGENT ON THE APPLICANT'S CONSENT TO A CIVIL CHARGE OF $37,000 FOR THE UNAUTHORIZED IMPACTS TO TIDAL WETLANDS. [audio]

7. ROGUE OYSTERS, Oyster Planting Ground Application #2018-157 Requests authorization to lease approximately 2.20 acres within Greenvale Creek in Lancaster County. The application is protested by a nearby property owner. THE COMMISSION VOTED 7 - 0, WITH ASSOCIATE COMMISSIONER EVERETT ABSTAINING, TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF. [audio]

9. PUBLIC COMMENTS The Commission declined to take up the matter so Mr. Burress remains ineligible for a recreational cobia permit in 2020. [audio]

10. RECOMMENDATION Funding river herring sampling and boat scarring projects from the Virginia Marine Fishing Improvement Fund (MFIF) and the Virginia Saltwater Recreational Fishing Improvement Fund (VSRFDF). THE COMMISSION VOTED UNANIMOUSLY TO APPROVE EXPENDITURES TOTALING $51,000 FROM THE MFIF AND $11,000 FROM THE VSRFDF FOR RIVER HERRING AND SUBMERGED AQUATIC VEGETATION MONITORING PROJECTS. [audio]

11. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-270-10 et seq., "Pertaining to Blue Crab Fishery" to establish management measures, including season and bushel limits, for the 2020-2021 commercial crab fishery. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-270-10 ET SEQ., "PERTAINING TO BLUE CRAB FISHERY," TO ESTABLISH MANAGEMENT PROVISIONS FOR THE JULY 5, 2020 THROUGH JULY 4, 2021 BLUE CRAB FISHERIES. [audio]

12. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1140-10 et seq., "Prohibition of Crab Dredging in Virginia Waters" to close the December 1, 2020 through March 31, 2021 winter commercial crab dredge fishing season, in accordance with the provisions of Section 28.2-707 of the Code of Virginia. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-1140-10 ET SEQ., "PROHIBITION OF CRAB DREDGING IN VIRGINIA WATERS," TO CLOSE THE WINTER DREDGE FISHERY FOR THE JULY 5, 2020 THROUGH JULY 4, 2021 BLUE CRAB FISHERY SEASON. [audio]

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-450-10 et seq., "Pertaining to the Taking of Bluefish" to establish the commercial bluefish annual quota for 2020. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-450-10 ET SEQ., "PERTAINING TO THE TAKING OF BLUEFISH," TO ESTABLISH THE COMMERCIAL BLUEFISH QUOTA FOR 2020, USING VIRGINIA'S PERCENT ALLOCATION (11.8795%) OF THE COASTWIDE COMMERCIAL BLUEFISH QUOTA. [audio]

14. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks" to establish the commercial spiny dogfish annual quota for the 2020/2021 fishing year and to require the use of non-offset, non-stainless steel circle hooks when fishing for sharks recreationally, except when fishing with flies or artificial lures. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-490-10 ET SEQ., "PERTAINING TO SHARKS," TO ESTABLISH THE COMMERCIAL SPINY DOGFISH ANNUAL QUOTA FOR THE 2020 FISHING YEAR USING VIRGINIA'S PERCENT ALLOCATION (10.795%) OF THE COASTWIDE COMMERCIAL SPINY DOGFISH QUOTA AND TO REQUIRE THE USE OF NON OFFSET, NON STAINLESS STEEL CIRCLE HOOKS WHEN FISHING FOR SHARKS RECREATIONALLY, EXCEPT WHEN FISHING WITH FLIES OR ARTIFICIAL LURES. [audio]

15. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-910-10 et seq., "Pertaining to Scup (Porgy)" to establish the commercial scup Summer period fishery quota for 2020 and to modify language for the commercial scup Winter II period per trip landing limits. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-910-10 ET SEQ. "PERTAINING TO SCUP (PORGY)," TO ESTABLISH THE COMMERCIAL SCUP SUMMER PERIOD FISHERY QUOTA FOR 2020, USING VIRGINIA'S ALLOCATION (0.165%) OF THE COAST WIDE COMMERCIAL SCUP SUMMER PERIOD QUOTA, AND TO AMEND LANGUAGE FOR THE COMMERCIAL SCUP WINTER II PERIOD PER TRIP POSSESSION LIMITS TO REFLECT THE LIMITS ANNOUNCED BY NMFS. [audio]

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