DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Adoption of Amendment To
Tidal Finfish Regulation No. 23, Black Sea Bass Size Limit; Trip Limits; Seasons; Quotas
Order No. 2001-F-0010
ORDER
SUMMARY OF EVIDENCE AND INFORMATION
Pursuant to due notice 4 DE Reg. 1225 (02/01/01), the Department of Natural Resources and Environmental Control proposed to amend Tidal Finfish Regulation No. 23 pertaining to the minimum size limit, possession limit and closed season for the recreational fishery of black sea bass. These proposed measures are required in order to remain in compliance with Amendment 9 to the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan. The Black Sea Bass Management Board of the Atlantic States Marine Fisheries Commission (ASMFC) adopted a motion to require Atlantic coastal states to implement a minimum size limit of 11 inches, a possession limit of 25 fish and a closed fishing season of March 1 through May 9 for the recreational black sea bass fishery in order to reduce the 2001 recreational harvest by 27% relative to the 2000 landings. The Atlantic Coastal Fishery Cooperative Management Act (1993) requires Atlantic coastal states to comply with interstate fishery management plans adopted by the ASMFC. A public hearing was held on February 20, 2001.
FINDINGS OF FACT
I find the following facts from the testimony and evidence presented.
• Delaware is required to comply with the management measures for black sea bass approved by the Black Sea Bass Fishery Management Board, Atlantic States Marine Fisheries Commission or face the probable closure of the sea bass fishery.
• Black sea bass recreational landings are to be reduced by 27% in 2001 relative to the 2000 recreational landings to meet the 2001 fishing mortality rate target in Amendment 9 of the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan
• Only one individual expressed opposition to the closed season for recreational fishing for black sea bass.
CONCLUSIONS
I have reached the following conclusions:
• Tidal Finfish Regulation No. 23 should be amended to implement the required changes in the recreational fishery for black sea bass.
• The minimum size limit for recreational fishermen possessing black sea bass should be 11 inches.
• The possession limit of black sea bass for recreational fishermen should be 25 fish.
• A closed recreational fishing season for black sea bass should begin on March 1 and end at midnight on May 9.
ORDER
It is hereby ordered this 7th day of March in the year 2001 that an amendment to Tidal Finfish Regulation No. 23, a copy of which is attached hereto, is adopted pursuant to 7 Del.C. §903 and supported by the Department’s findings of evidence and testimony received. This order shall become effective on April 10, 2001.
Nicholas A. DiPasquale
Department of Natural Resources and
Environmental Control
TIDAL FINFISH REGULATION NO. 23 BLACK SEA BASS SIZE LIMIT; TRIP LIMITS; SEASONS; QUOTAS
a) It shall be unlawful for any [person commercial fisherman] to have in possession any black sea bass Centropritis striata that measures less than ten (10) inches, total length.
b) Is omitted intentionally. [Is shall be unlawful for any recreational fisherman to have in possession any black sea bass that measures less than eleven (11) inches, total length.]
c) It shall be unlawful for any [person commercial fisherman] to possess on board a vessel at any time or to land after one trip more than the [following quantities following quantities quantity] of black sea bass [during the quater listed during the quarter listed. determined by the Atlantic States Marine Fisheries Commission for any quarter.]
[First Quarter (January, February and March) -
9,000 pounds.
Second Quarter (April, May and June) –
3,000 pounds.
Third Quarter (July, August and September) –
2,000 pounds.
Fourth Quarter (October, November and
December) – 3,000 pounds.
First Quarter (January, February and March) -
9,000 pounds.
Second Quarter (April, May and June) –
3,000 pounds.
Third Quarter (July, August and September) –
2,000 pounds.
Fourth Quarter (October, November and
December) – 3,000 pounds.]
[The Department shall notify each individual licensed in Delaware to land black sea bass for commercial purposes of the quarterly trip limits established by the Atlantic States Marine Fisheries Commission.] 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) indicated in subsection (c)] after the date in said quarter that the [National Marine Fisheries Services National Marine Fisheries Services Atlantic States Marine Fisheries Commission] determines that quarter’s quota is filled. The Department shall notify each individual licensed in Delaware to land black sea bass for commercial purposes of any closure when a quarterly quota is filled.]
[e. It shall be unlawful for any recreational fisherman to take and reduce to possession or to land any black sea bass during the period beginning at 12:01 a.m. on March 1 and ending at midnight on May 9, next ensuing.
f. It shall be unlawful for any recreational fisherman to have in possession more than 25 black sea bass at or between the place where said black sea bass were caught and said recreational fisherman’s personal abode or temporary or transient place of lodging.]