DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Order No. 99-F-0012
Tidal Finfish Reg. No. 23, Black Sea Bass Size Limits; Seasons; Quotas
ORDER
It is hereby ordered, this day of March, 1999 that amendments to Shellfish Regulation Nos. S-23 and S-25, a new Shellfish Regulation No.S-26, and amendments to Tidal Finfish Regulation Nos. 4 and 23, copies of which are attached hereto, are adopted pursuant to 7 Del.C. § 903(e)(2)(a) and are supported by the Department’s findings on the evidence and testimony received. This Order shall become effective on April 10, 1999.
Mary L. McKenzie, Acting Secretary
Department of Natural Resources Environmental Control
Be it adopted by the Department of Natural Resources and Environmental Control the following amendments to Tidal Finfish Regulation Nos. 4 and 23.
Section 1. Amend Tidal Finfish Regulation No. 4 SUMMER FLOUNDER SIZE LIMITS; POSSESSION LIMITS; SEASONS in subsection (a) by striking it in its entirety and substituting in lieu thereof the following: “(a) It shall be unlawful for any recreational fisherman or any commercial hook and line fisherman to take and reduce to possession or to land any summer flounder during the period beginning at 12:01 AM on July 16 and ending at midnight on August 7.”
Further amend Tidal Finfish Regulation No. 4 in subsection (d) by striking the words “other than a licensed commercial finfisherman with a gill net permit.”
Further amend Tidal Finfish Regulation No. 4 in subsection (e) by striking it in its entirety.
Further amend Tidal Finfish Regulation No. 4 in subsection (g) by striking it in its entirety.
Section 2. Amend Tidal Finfish Regulation No. 23 BLACK SEA BASS SIZE LIMIT; TRIP LIMITS; SEASONS; QUOTAS by striking subsection (b) in its entirety.
Section 3. Effective Date
These amendments to Tidal Finfish Regulation Nos. 4 and 23 shall become effective on April 10, 1999.
Tidal Finfish Regulaton No. 23
Tidal Finfish Regulation No. 23 Black Sea Bass Size Limit; Trip Limits; Seasons; Quotas
a) It shall be unlawful for any person to have in possession any black sea bass Centropritis striata that measures less than ten (10) inches, total length.
b) It shall be unlawful for any recreational fisherman to take and reduce to possession any black sea bass or to land any black sea bass during the period beginning at 12:01 a.m. on August 1 and ending at midnight on August 15.
c) It shall be unlawful for any person to possess on board a vessel at any time or to land after one trip more than on the following quantities of black sea bass during the quarter listed:
First Quarter (January, February and March) – 11,000 lbs.
Second Quarter (April, May and June) – 7,000 lbs.
Third Quarter (July, August and September) – 3,000 lbs.
Fourth Quarter (October, November and December) – 4,000 lbs.
“One trip” shall mean the time between a vessel leaving its home port and the next time said vessel returns to any port in Delaware.”
d) It shall be unlawful for any person to fish for black sea bass for commercial purposes or to land any black sea bass for commercial purposes during any quarter indicated in subsection (c) after the date in said quarter that the National Marine Fisheries Services determines that quarter’s quota is filled.”
Be it adopted by the Department of Natural Resources and Environmental Control the following amendments to Shellfish Regulation Nos. S-23 and S-25 and new Shellfish Regulation No. S-26.
Section 1. Amend Shellfish Regulation No. S-23, LOBSTER-POT DESIGN in subsection (a) by striking the words “one (1) ¾ x 6” and substitute in lieu there of the words “1 15/16 inches by 5 ¾ inches.”
Further amend Shellfish Regulation No. S-23, LOBSTER-POT DESIGN by adding a new subsection (b) to read as follows:
“(b) It shall be unlawful for any person to set, tend or conduct shellfishing for lobsters with any pot or trap, not constructed entirely of wood, excluding heading or parlor twine and the escape vent, that does not contain a ghost panel covering an opening that measures at least 3 ¾ inches by 3 ¾ inches. A ghost panel means a panel, or other mechanism, designed to allow the escapement of lobsters after a period of time if the pot or trap has been abandoned or lost. The panel must be constructed of, or fastened to the pot or trap with, one of the following untreated materials: wood lath, cotton, hemp, sisal or jute twine not greater than 3/16 inch in diameter, or non-stainless, uncoated ferrous metal not greater than 3/32 inch in diameter. The door of the pot or trap may serve as the ghost panel, if fastened with a material specified in this subsection. The ghost panel must be located in the outer parlor(s) of the pot or trap and not the bottom of the pot or trap.”
Further amend Shellfish Regulation No. S-23, LOBSTER-POT DESIGN by adding a new subsection (c) to read as follows:
“(c) It shall be unlawful for any recreational or commercial lobster pot fisherman to set, tend or conduct shellfishing for lobsters with a lobster pot or trap with a volume larger than 22,950 cubic inches.”
Section 2. Amend Shellfish Regulation No. S-25, LOBSTER-POT SEASON AND LIMITS FOR COMMERCIAL LOBSTER POT LICENSE by adding a new subsection (c) to read as follows:
“(c) It shall be unlawful for any person, licensed to catch or land lobsters for commercial purposes in this State, who uses gear or methods other than pots or traps outside the jurisdiction of this State, to land more than 100 lobsters per day for each day at sea during the same trip up to a maximum of 500 lobsters per trip for trips 5 days or longer.”
Section 3. Add a new Shellfish Regulation No. S-26 to read as follows:
“S-26 POSSESSION OF V-NOTCHED LOBSTERS PROHIBITED
It shall be unlawful for any person to possess a V-notched female lobster. V-notched female lobster means any female lobster bearing a V-notch, a straight-sided triangular cut without setal hairs at least ¼ inch in depth and tapering to a sharp point, in the flipper next to the right of center flipper as viewed from the rear of the female lobster. V-notched female lobster also means any female lobster which is mutilated in a manner which could hide, obscure or obliterate such a mark. The right flipper will be examined when the underside of the lobster is down and its tail is toward the person making the determination.”
Section 4. These amendments to Shellfish Regulation Nos. S-23 and S-25 and new Shellfish Regulation No. S-26 shall become effective on April 10, 1999.